Small estate guide
Small estate affidavits, state by state
When someone dies leaving a modest estate, most states let the heirs collect bank accounts, wages and vehicles with a sworn affidavit instead of a probate case. This guide explains how the affidavit works, compares the dollar limits and waiting periods in ten states, and covers the part a notary plays, including signing online.
What a small estate affidavit does
Probate exists so that a court can confirm who inherits and make sure debts are paid first. For a small estate that is a lot of process for little money, so state law offers a shortcut: the heir signs a sworn statement setting out the facts, and the bank, employer, transfer agent or motor vehicle office hands over the property on the strength of it.
The holder that pays out in good faith is protected. The person who signs is not: they take on the duty to pay the decedent’s valid debts and to pass the property to everyone else entitled to it, and a false statement is perjury. That is why the document is an affidavit, sworn before a notary, rather than a simple letter. Some states call it an affidavit for collection of personal property, a declaration, or a sworn statement.
When you can use one
The details vary, but nearly every state asks for the same four things:
- The probate estate is worth less than the state's limit. Jointly owned property, beneficiary accounts and trust assets usually do not count.
- A waiting period has passed since the death, from 10 days in Colorado to 60 in Virginia.
- Nobody has asked a court to appoint an executor or administrator.
- The person signing is entitled to the property, as an heir or beneficiary or on their behalf.
Real estate is the usual stumbling block. Most affidavits cover personal property only, and a house needs a separate real property affidavit, a short court procedure or full probate. Texas also limits its affidavit to estates with no will.
Where the notary comes in
The notary does not check the numbers or decide who inherits. Their job is to confirm the identity of each signer from a government photo ID, administer the oath, watch the signature and complete the jurat, the “subscribed and sworn before me” block at the foot of the form. In Texas every heir and two disinterested witnesses swear before a notary, so plan for several signers. A death certificate is attached to the affidavit, not notarized.
Small estate limits and waiting periods
The ten states people search for most, read from each statute or court form in October 2026. California, Colorado and Michigan adjust their limits for inflation, so use the figure for the year of death.
| State | Estate limit | Wait | Signing and filing | Source |
|---|---|---|---|---|
| Arizona | $200,000 of personal property, less liens | 30 days | Sworn affidavit by or for the successor; funeral and last-illness expenses must be paid first. | |
| California | $208,850 for deaths on or after April 1, 2025 | 40 days | Affidavit or declaration under penalty of perjury, with a certified death certificate; banks often ask for it notarized. | |
| Colorado | $88,000 for 2026 deaths ($86,000 for 2025) | 10 days | Court form JDF 999, signed before a notary. Personal property only. | |
| Illinois | $150,000 of personal property, not counting registered vehicles | None set by statute | Statutory form signed under penalty of perjury and sworn before a notary. No real estate. | |
| Indiana | $100,000 for deaths after June 30, 2022 | 45 days | State Form 54985, subscribed and sworn before a notary. | |
| Michigan | $53,000 for 2026 deaths, and no real property | 28 days | Court form PC 598, sworn before a notary; the form has a line for remote electronic notarization. | |
| Missouri | $40,000 net of liens and debts | 30 days | Affidavit filed with the probate division, with a bond unless the court waives it. | |
| Texas | $75,000, not counting the homestead and exempt property | 30 days | Only when there is no will. Every heir and two disinterested witnesses swear to it before a notary, and a judge must approve it. | |
| Virginia | $75,000 of personal probate estate | 60 days | Affidavit made by all known successors on the Supreme Court of Virginia form; one successor is designated to collect. | |
| Washington | $100,000 subject to probate, less liens | 40 days | Affidavit by the claiming successor, presented with proof of death. |
Not every state has an affidavit. Florida, for example, uses summary administration, a short court proceeding available when the estate is worth $150,000 or less. The limit was $75,000 before July 1, 2026, so check which one applies to an earlier death (Fla. Stat. 735.201). A vehicle can often move on its own form: Texas has an Affidavit of Heirship for a Motor Vehicle, and the car title guide covers what each DMV notarizes.
What to have ready
- The state’s affidavit form, filled in but not signed.
- A certified copy of the death certificate.
- A list of each asset with its value on the date of death, and any debts against it.
- The names and addresses of every heir or beneficiary, and their shares.
- A copy of the will, if there is one, and proof it was filed where the state requires.
- A government photo ID for every person who signs, including any witnesses.
Notarizing it online
A small estate affidavit is a stand-alone document, which makes it a good fit for remote online notarization. You upload the form, verify your ID, swear the oath to a licensed notary on video and sign electronically. The notary seals the PDF and you print it for the bank or file it with the court. Michigan’s court form already prints a line for a remote electronic notarization.
Two cautions. When several heirs or witnesses must sign, each needs their own ID check, so book a session that allows more than one signer. And some banks and transfer agents still ask for a paper original with a wet signature; check with the institution holding the account before the session.
Court and estate forms by state
We index local court and estate forms, from small estate and heirship affidavits to guardianship and minor travel consents, for these states. Each link opens the courts and estates section of that state’s forms page.
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Kansas
- Maine
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- U.S. Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- Wisconsin
- Wyoming
Common questions
Does a small estate affidavit need to be notarized?
In most states, yes. The affidavit is a sworn statement, and the court forms in Colorado, Illinois, Indiana, Michigan and Texas all end with a notary block. California is the main exception: its statute accepts a declaration under penalty of perjury, though many banks still ask for a notarized copy.
Can a small estate affidavit be notarized online?
Yes, in the many states that authorize remote online notarization, an affidavit sworn on a video call is as valid as one sworn at a counter. Michigan's PC 598 even prints a line for a remote electronic notarization. Before you sign, ask the bank, transfer agent or court clerk whether it takes a printed copy of an electronically notarized affidavit or insists on a paper original.
Is a small estate affidavit filed with the court?
Usually not. In Arizona, California, Colorado, Illinois, Indiana, Michigan, Virginia and Washington you hand the affidavit to the bank or other holder of the property. Texas is different: the affidavit is filed with the probate court and a judge must approve it. Missouri also files it with the probate division.
Can a small estate affidavit transfer a house?
Rarely. Most affidavits reach only personal property such as bank accounts, wages, vehicles and stock. Michigan's affidavit is not available at all if the estate includes real property, and the Texas affidavit transfers only a homestead, and only to a surviving spouse or minor child. Some states have a separate real property affidavit with its own limit and longer wait.
What counts toward the small estate limit?
Only property that would otherwise go through probate. Jointly owned accounts, life insurance and retirement accounts with a named beneficiary, payable-on-death accounts and trust assets pass outside the estate and are usually left out. Each state words its rule differently, so read the line on the form before you add up the total.
Who signs a small estate affidavit?
The successor claiming the property: an heir under the will or state law, or someone acting for them. Virginia requires every known successor to sign, and Texas requires every heir plus two disinterested witnesses, all before a notary. Each signer needs a government photo ID for the notary.
General guidance, not legal advice. Estate rules have traps, especially with real estate, minor heirs or unpaid debts; a probate attorney or your local legal aid office can confirm the right route. The jurat and sworn statement glossary entries explain the notarial act these forms use.