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Small Estate Affidavit Limits by State (2026): Thresholds & Statutes

Updated July 23, 2026. Quick answer: Every state lets small estates skip some or all of formal probate through a small-estate affidavit or summary administration — but the dollar limits range from under $50,000 to Wyoming’s $400,000, several states index them annually, and 2025–2026 brought major increases (Arizona to $200,000 personal/$300,000 real property; California to $208,850; Wyoming to $400,000). The statute-cited table below lists the current limit, instrument, and waiting period for all 50 states and DC, last verified July 23, 2026.

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Small estate limits by state (2026)

State Small-estate limit, instrument, and waiting period (with citations)
Alabama† $37,075 (March 1, 2025 – Feb 28, 2026 period) for summary distribution under the Alabama Small Estates Act, Ala. Code §43-2-692. Base is $25,000, adjusted annually for CPI by the State Finance Director; personal property only, 30-day wait. Next annual adjustment (post-Feb 2026) not yet confirmed.
Alaska Affidavit under AS 13.16.680: vehicles up to $100,000 total plus other personal property up to $50,000 (net of liens); 30-day wait; no PR appointed. Court form P-110.
Arizona A.R.S. §14-3971 as amended by HB 2116 (signed March 31, 2025): personal property up to $200,000 and real property up to $300,000 (both net of liens/encumbrances) — up from $75,000/$100,000. Sources conflict on exact 2025 effective date (June 30 vs Sept 26, 2025), but new limits are fully in effect as of mid-2026. Waits: 30 days (personal property), 6 months (real property).
Arkansas† $100,000 (less encumbrances, excluding homestead and statutory allowances) for collection of small estate by affidavit, Ark. Code §28-41-101; 45-day wait. Threshold from established secondary sources, not re-verified against current official code this session.
California $208,850 for deaths on/after April 1, 2025 (Cal. Prob. Code §§13100-13101, indexed triennially per §890; was $184,500 for deaths April 2022–March 2025). 40-day wait, personal property. Separately, AB 2016 (2024) allows a simplified §13151 petition for a primary residence up to $750,000 for deaths on/after April 1, 2025.
Colorado Collection of personal property by affidavit, C.R.S. §15-12-1201 — indexed annually by year of death: $80,000 (2023-2024 deaths), $86,000 (2025 deaths per official JDF 999 form, rev. April 2026); 2026 year-of-death figure not confirmed this session. Personal property only, 10-day wait, no court filing required.
Connecticut $40,000 — settlement of small estates without full probate (affidavit in lieu of administration), C.G.S. §45a-273: solely owned personal property only, no solely owned CT real property.
Delaware† $30,000 — distribution of personal estate without grant of letters (small estate affidavit), 12 Del. C. §2306: personal property only, no solely owned DE real estate, 30-day wait, filed with county Register of Wills.
District of Columbia $80,000 — small estate administration, D.C. Code §20-351, as amended by D.C. Law 25-302 (Strengthening Probate Administration Amendment Act of 2024), effective March 21, 2025 (previously $40,000). Verified against the current official D.C. Code.
Florida Summary administration: $150,000 as of July 1, 2026 (Fla. Stat. §735.201, amended by CS/HB 1337, Ch. 2026-57, signed April 29, 2026; was $75,000), or death more than 2 years ago regardless of value; exempt homestead not counted. Disposition without administration (§735.304): raised $10,000 → $20,000 of exempt personal property by the same act.
Georgia No general small-estate affidavit or dollar threshold. Alternatives: ‘no administration necessary’ order for intestate estates with no debts and unanimous heir agreement (no dollar cap); financial institutions may release up to $15,000 in deposits directly to family for intestate decedents (O.C.G.A. §7-1-239); vehicle title transfer by affidavit via DOR.
Hawaii $100,000 — collection by affidavit under HRS §560:3-1201 (motor vehicles registered to decedent transferable regardless of value); clerk-assisted small-estate administration also available for estates ≤$100,000. 30-day wait.
Idaho $100,000 (net of liens/encumbrances) — collection of personal property by affidavit, Idaho Code §15-3-1201; personal property only, 30-day wait. Summary administration also available where spouse is sole beneficiary (§15-3-1205).
Illinois $150,000 of personal property, excluding motor vehicles registered with the IL Secretary of State (which transfer regardless of value) — small estate affidavit, 755 ILCS 5/25-1, as amended by P.A. 104-0346, effective Aug 15, 2025 for deaths on/after that date (was $100,000).
Indiana $100,000 of personal property — small estate affidavit, Ind. Code §29-1-8-1 (deaths after June 30, 2022; was $50,000); 45-day wait; not available for real estate. Summary closing procedures also keyed to $100,000 (§29-1-8-3/-4).
Iowa Very-small-estate affidavit (Iowa Code §633.356): $100,000 for affidavits presented on/after July 1, 2026 (2025 Iowa Acts ch. 148; was $50,000); no real property; 40-day wait. Separately, simplified small-estate administration (Iowa Code §635.1) for gross probate assets ≤$200,000.
Kansas $75,000 — small estate affidavit, K.S.A. 59-1507b (raised from $40,000 effective July 1, 2023); personal property; no court filing required.
Kentucky $30,000 — spousal/child personal-property exemption (KRS 391.030) which underpins the ‘dispense with administration’ procedure (KRS 395.455) allowing District Court to skip administration for qualifying small estates; plus $2,500 emergency bank withdrawal provision.
Louisiana $125,000 gross Louisiana property value at death — ‘small succession’ (La. C.C.P. art. 3421); affidavit procedure (art. 3431 et seq.) generally limited to intestate successions (or deaths 20+ years prior, any value); 90-day wait to record affidavit covering immovable property.
Maine $40,000 base (net of liens), adjusted for inflation per 18-C M.R.S. §1-108 — collection of personal property by affidavit, 18-C M.R.S. §3-1201; 30-day wait. Current inflation-adjusted figure not confirmed this session (courts’ form AF-102 reflects the operative number).
Maryland $50,000 — or $100,000 if the surviving spouse is the sole heir/legatee — small estate administration, Md. Code, Est. & Trusts §5-601 (value net of secured debts of record).
Massachusetts Voluntary administration (MGL c.190B §3-1201): personal property ≤$25,000 (excluding one motor vehicle), no solely owned real estate, 30-day wait; filed with Probate & Family Court for $115.
Michigan $53,000 for deaths in 2026 (official Michigan Treasury annual adjustment notice) — small estate petition/assignment under MCL 700.3982 (base raised $15,000 → $50,000 by 2024 PA, indexed per MCL 700.1210); transfer-by-affidavit (MCL 700.3983) uses the same indexed figure; up to $264,000 of real-estate debt deductible in the 2026 calculation.
Minnesota $75,000 (net of liens/encumbrances) — collection of personal property by affidavit, Minn. Stat. §524.3-1201; 30-day wait; notarized affidavit plus certified death record.
Mississippi† $75,000 (net of liens/encumbrances) — successor’s affidavit for personal property, Miss. Code §91-7-322 (raised from $50,000 in 2020); 30-day wait. Bank-account affidavit and muniment-of-title procedures also exist for narrow cases.
Missouri $40,000 (net of liens/encumbrances) — small estate affidavit (‘affidavit to establish title of distributee’), RSMo §473.097; 30-day wait; bond generally required; published notice required if estate exceeds $15,000.
Montana $100,000 (net of liens/encumbrances) — collection of personal property by affidavit, MCA §72-3-1101 (verified on the official Montana Code Annotated site); 30-day wait. Summary administration also available under MCA §72-3-1103/1104.
Nebraska $100,000 — collection of personal property by affidavit where all personal property (less liens/encumbrances) does not exceed $100,000; 30-day wait (Neb. Rev. Stat. §30-24,125). Verified on nebraskalegislature.gov.
Nevada Affidavit of entitlement (NRS 146.080): $25,000 general / $100,000 if claimant is surviving spouse; no real property; 40-day wait. Nevada also has set-aside without administration (NRS 146.070, estates ≤$100,000) and summary administration (NRS ch. 145, estates ≤$300,000).
New Hampshire† No dollar-based small-estate affidavit. Instead, waiver of full administration under RSA 553:32 (no inventory, bond, or accounting) when e.g. the surviving spouse is sole heir/beneficiary and serves as administrator (statute extends to certain sole-heir situations); completed by affidavit of administration filed 6-12 months after appointment. Verified via gc.nh.gov and courts.nh.gov.
New Jersey $50,000 for surviving spouse/civil-union/domestic partner (N.J.S.A. 3B:10-3); $20,000 for other heirs with consent (N.J.S.A. 3B:10-4) — intestate estates, via Surrogate affidavit. Verified via Justia 2025 statutes.
New Mexico† $50,000 — collection of personal property by affidavit (NMSA 1978 §45-3-1201); 30-day wait. Statute cite confirmed via Justia 50-state survey; dollar figure widely documented but not re-verified against nmlegis.gov this pass.
New York $50,000 in personal property — voluntary administration / small estate proceeding (SCPA Art. 13, §1301); excludes real property.
North Carolina $20,000 personal property ($30,000 if surviving spouse is sole heir) — collection by affidavit (N.C.G.S. §28A-25-1). Cite confirmed; dollar figures widely documented.
North Dakota† $50,000 — collection of personal property by affidavit (N.D.C.C. §30.1-23-01, UPC 3-1201 analog). Cite confirmed via Justia survey; dollar figure from well-documented secondary sources, not re-verified on ndlegis.gov this pass.
Ohio Release from administration: assets ≤$35,000, or ≤$100,000 when everything passes to the surviving spouse (ORC §2113.03); summary release from administration for very small estates roughly ≤$5,000 or funeral-expense amounts (ORC §2113.031). Verified on codes.ohio.gov.
Oklahoma $50,000 — small estate affidavit (58 O.S. §393; 10-day wait, no PR appointed, debts handled); summary administration available for estates ≤$200,000 (58 O.S. §245). Verified via secondary legal sources citing the statutes.
Oregon Simple estate (small estate) affidavit: ≤$75,000 fair-market-value personal property AND ≤$200,000 real property (ORS 114.510, criteria renamed ‘simple estate’ by 2023 SB 308). Verified.
Pennsylvania† $50,000 — small estate petition/settlement where personal property ≤$50,000, excluding real estate, funeral costs, and certain family payments (20 Pa.C.S. §3102). Verified via secondary sources quoting the statute.
Rhode Island† $15,000 — voluntary informal administration of small estates: personal property only (exclusive of tangible personal property per statute text), 30-day wait (R.I. Gen. Laws §33-24-1). Verified via rilegislature.gov/Justia.
South Carolina $25,000 (less liens/encumbrances) — collection of personal property by affidavit (S.C. Code §62-3-1201); 30-day wait. Dollar figure from well-documented secondary sources; not re-verified on scstatehouse.gov this pass.
South Dakota $100,000 — collection of personal property by affidavit (SDCL §29A-3-1201); 30-day wait; no pending PR appointment; no DSS medical-assistance debt. Verified via sdlegislature.gov/SSA POMS.
Tennessee† $50,000 in personal property — Tennessee Small Estates Act affidavit (Tenn. Code Ann. §30-4-102 & §30-4-103); 45-day wait unless waived. Widely documented; not re-verified against tn.gov this pass.
Texas $75,000 (excluding homestead and exempt property) — small estate affidavit (Tex. Estates Code §205.001); intestate only, 30-day wait. Muniment of title (ch. 257) offers a no-administration alternative with no dollar cap.
Utah $100,000 — collection of personal property by affidavit (Utah Code §75-3-1201); 30-day wait; no real property; affidavit is presented to holders (banks etc.), not filed with the court. Verified via utcourts.gov guidance.
Vermont $45,000 — small estate procedure where the estate consists entirely of personal property with fair market value ≤$45,000 and no real estate (other than a timeshare) (14 V.S.A. §1902; Vt. R. Prob. P. 80.3). Verified via legislature.vermont.gov and vermontjudiciary.org forms.
Virginia $50,000 — Virginia Small Estate Act affidavit for personal property (Va. Code §64.2-601); 60-day wait. Widely documented; cite well established.
Washington $100,000 — disposition of personal property by affidavit where the probate estate subject to probate ≤$100,000 (RCW 11.62.010); 40-day wait; personal property only. Verified.
West Virginia Small Estates Act (effective July 1, 2021): affidavit process without PR appointment where probate personal property (‘small assets’) ≤$50,000 AND real estate ≤$100,000 (W. Va. Code §44-1A-1 et seq., esp. §44-1A-2). Verified on code.wvlegislature.gov and county clerk pages.
Wisconsin $50,000 — transfer by affidavit for estates ≤$50,000 (Wis. Stat. §867.03, official form PR-1831). Verified via wicourts.gov.
Wyoming $400,000 — raised from $200,000 by 2025 SF0104 (Enrolled Act 85, effective July 1, 2025): distribution by affidavit (Wyo. Stat. §2-1-201) and summary distribution procedure including real property (§2-1-205) both now use the $400,000 cap (entire Wyoming estate, less liens). Verified via wyoleg.gov enrolled act.

† Rows for Alabama, Arkansas, Delaware, Mississippi, New Hampshire, New Mexico, North Dakota, Pennsylvania, Rhode Island, Tennessee rely partly on secondary legal-reference sources rather than the official code text; verify with the statute or the local probate court before relying on them.

How small-estate procedures work

Two instruments dominate. A small-estate affidavit is a sworn statement heirs present directly to banks, brokers, and the DMV to collect assets — usually with no court proceeding at all, after a short waiting period (commonly 30–45 days). Summary administration is a shortened court proceeding for estates under the threshold. Most states apply the limit to personal property only and exclude solely owned real estate; a growing minority (Arizona, California’s $750,000 primary-residence petition) now offer simplified real-property transfers too. The limit is usually measured net of liens, and assets passing by beneficiary designation don’t count against it.

Recently changed limits worth double-checking

Legislatures have been raising these thresholds aggressively: Arizona’s HB 2116 (2025) more than doubled its limits, California’s indexed threshold rose to $208,850 for deaths on or after April 1, 2025 (with the separate $750,000 primary-residence petition added by AB 2016), Wyoming moved to $400,000 effective July 1, 2025, Illinois raised its affidavit limit to $150,000 in August 2025, and Florida’s disposition-without-administration limit doubled effective July 1, 2026. Indexed states (California, Colorado, Alabama, and others) adjust routinely — if a death occurred near a change date, the year-of-death rules control, so check the cited statute.

Under the limit is a fact question — over it is a planning question

If an estate you care about sits above your state’s limit, that gap is exactly what beneficiary designations and trust planning address — see what probate would otherwise cost in our probate cost table, and what planning costs in our estate planning cost guide.

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Work out the number for your estate

Seven states publish a statutory percentage schedule, so probate cost there is arithmetic you can check — and in several of them the attorney and the personal representative are each entitled to the full amount, which doubles it. The probate cost calculator does that math for all 51 jurisdictions, cites the statute beside each result, and tells you whether your estate is small enough to skip full probate altogether.

Whether the threshold reaches a house

A dollar threshold on its own does not tell you whether a solely owned house can pass this way. 31 of 51 jurisdictions restrict the route to personal property, 5 reach real property under an explicit cap, and 15 do not say. Each state page states which, with the statute:

Methodology

This page was materially reviewed on July 23, 2026. Limits, instruments, and waiting periods were compiled from state statutes and official court forms, cited in the table, with daggered rows flagged where only secondary legal references could be checked; recency-sensitive changes (Arizona, California, Wyoming, Illinois, Florida) were verified against enrolled acts or official announcements. Where a state indexes its limit, the figure shown is the current published amount with its effective period. Nothing here is legal, tax, or personalized financial advice; statutes change and county practices vary, so verify with official sources before acting. See our Editorial Policy, Corrections, Affiliate Disclosure, and Disclaimer.

Cite this page: Clear Money Guide, “Small Estate Affidavit Limits by State 2026,” compiled from state statutes and enrolled acts, July 2026. https://clearmoneyguide.com/small-estate-limits-by-state/ — free to cite with attribution. Download the full dataset as CSV, or contact contact@clearmoneyguide.com for state-specific detail.

State deep dives: two of the biggest 2025–26 threshold changes get full single-state treatment — Florida (summary administration doubled to $150,000 effective July 1, 2026) and Arizona ($200,000/$300,000 under HB 2116) — plus North Carolina, Pennsylvania, Michigan, South Carolina, Tennessee, Texas, Georgia, New Jersey, Iowa (affidavit limit doubles to $100,000 for affidavits presented on or after July 1, 2026), Indiana ($100,000 — not the stale $50,000 figure), Nevada, New Hampshire (no dollar threshold at all — a structure test instead), Wyoming (doubled to $400,000 by 2025’s SF0104 — among the nation’s highest), Alaska (a two-bucket affidavit: $100,000 of vehicles plus $50,000 of other property) and Washington, D.C. ($80,000 under 2024’s D.C. Law 25-302). Full state-by-state detail lives in our retirement taxes by state hub.