Small Estates
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State Survey--Use of Small Estate Affidavits in Lieu of Probate
Note that trust assets, assets that are owned jointly with a surviving joint tenant, and assets that designate a surviving beneficiary (such as insurance policies and payable-on-death accounts) are not subject to probate and as such are not subject to the considerations that govern whether an estate can avoid probate through the use of an affidavit.
Except where otherwise stated, real estate cannot be transferred by the affidavit process. If there is individually owned real estate, it must nearly always be probated in the county and state in which it is located. Unless otherwise stated, the values listed below are net equity values after liens and encumbrances are subtracted.
View this table as a general rule of thumb rather than a definitive rule, because there are various twists within the individual state. Laws continually change and have in fact changed since this was last researched. As indicated by the "N/A" designation, not all states provide for the use of affidavits to short-circuit a probate.
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STATE |
SMALL ESTATE AFFIDAVIT AND THE MAXIMUM VALUES FOR WHICH THEY CAN BE USED |
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Maximum estate--$3,000. |
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Alaska |
Maximum estate--$15,000. |
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Arizona |
Maximum estate--$50,000. |
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Arkansas |
Maximum estate--$50,000. |
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Maximum estate--$100,000, excluding any manufactured or mobile home, vessel, or motor vehicle; salary up to $5,000; and amounts due decedent for services in the armed forces. For real estate valued up to $20,000, claimants can file a simple affidavit with the probate court and then record a certified copy with the county recorder. |
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Colorado |
Maximum estate--$50,000. |
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Conn. |
Maximum estate--$20,000. |
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Maximum estate--$30,000. Available only to spouse, certain other relatives, and funeral director. |
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D.C. |
N/A |
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No administration necessary for exempt personal property. |
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Maximum estate--$10,000. |
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Maximum estate--$100,000. |
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Maximum estate--$75,000. |
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Illinois |
Maximum estate--$100,000. |
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Indiana |
Maximum estate--$25,000. |
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Iowa |
Maximum estate--$50,000 if affidavit is filed by a Spouse or child of the decedent; $15,000 if affidavit is filed by a Parent or Grandchild of the decedent; and $10,000 if affidavit is filed by a person related to the decedent within the fourth degree of consanguinity. |
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Maximum estate--$20,000. |
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Kentucky |
N/A |
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Maximum estate--$50,000. |
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Maximum estate--$10,000. |
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Maryland |
Maximum estate--$30,000; If spouse is sole legatee and surviving heir, then maximum estate--$50,000. |
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Mass. |
Maximum estate--$15,000 |
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Michigan |
Maximum estate--$15,000 |
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Minnesota |
Maximum estate--$20,000. |
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Mississippi |
Maximum estate--$30,000. |
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Missouri |
Maximum estate--$40,000. |
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Montana |
Maximum estate--$20,000. |
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Maximum estate-$25,000. |
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Nevada |
Maximum estate--$20,000. |
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New Ham. |
Maximum estate--$10,000. |
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New Jers. |
Maximum estate--$10,000 if affidavit is filed by surviving spouse; $10,000 if affidavit is filed by heirs other than surviving spouse. |
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New Mex. |
Maximum estate--$30,000. |
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New York |
Maximum estate is now $20,000. |
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North Car. |
Maximum estate is now $10,000. |
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North Dak. |
Maximum estate--$15,000. |
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Maximum estate--$35,000, OR $100,000 if spouse is entitled to entire estate. |
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Oklahoma |
N/A |
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Oregon |
Maximum estate --$140,000 if: 1) Not more than $ 50,000 of the fair market value of the estate is attributable to personal property; and 2) Not more than $90,000 of the fair market value of the estate is attributable to real property. |
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N/A |
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Maximum estate--$15,000, not counting tangible personal property. Available only to surviving spouse, next of kin, or person who paid funeral bill. Funeral bill must be paid first. |
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Maximum estate--$10,000. Affidavit must be approved by probate judge. |
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South Dak. |
Maximum estate--$50,000. |
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Maximum estate--$25,000. |
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Texas |
Maximum estate--$50,000, not including homestead and exempt property. Affidavit must be approved by probate judge. Can be used to transfer homestead, but no other real estate. |
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Maximum estate--$25,000. |
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Maximum estate--$10,000. |
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Virginia |
Maximum estate--$15,000. |
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Maximum estate--$60,000, not counting surviving spouse's community property interest. |
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West Virg. |
Maximum estate--$100,000. |
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Wisconsin |
Maximum estate--$20,000. |
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Wyoming |
Maximum estate--$150,000. |
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