Small Estate Affidavit — Eligibility
by State

A small estate affidavit (also called an affidavit for collection of personal property, successor affidavit, or small estate declaration) is a sworn legal document that allows an heir or successor to collect a deceased person's assets directly from financial institutions, employers, or other asset holders without opening a formal probate case. The heir presents the affidavit with a certified death certificate, and the institution releases the assets. Each state sets its own dollar threshold — if the estate is below that amount, the affidavit procedure is available as an alternative to probate.

Small estate thresholds vary widely by state. Low-threshold states include New Hampshire ($10,000), Ohio ($35,000), and Indiana ($50,000). Mid-range states include Illinois ($100,000), Michigan ($15,000), and Tennessee ($50,000). High-threshold states include Wyoming ($200,000), Oklahoma ($200,000), and California ($184,500 for 2024). Some states set separate thresholds for real property versus personal property — the affidavit may be available for bank accounts and personal property only, while real estate requires formal probate regardless of value.

Yes, in most states. The most common waiting period is 30–45 days after the date of death. California and Washington require 40 days; Texas requires 30. The waiting period gives creditors time to come forward and ensures the decedent's death was not immediately exploited. A few states have no waiting period at all. Banks and financial institutions sometimes impose their own additional waiting period or requirements beyond what state law requires.

In most states, the affidavit procedure covers personal property only (bank accounts, investment accounts, vehicles, personal belongings) but not real estate. Real property typically requires either a formal probate proceeding or a deed-based transfer mechanism (affidavit of survivorship for joint tenancy, beneficiary deed if one was executed, or trust transfer). A few states — including California and Alaska — allow affidavit procedures for real property under certain conditions. Always verify whether your state's affidavit covers the specific assets you need to transfer.

Typically required: (1) a certified copy of the death certificate; (2) the completed affidavit, sworn and often notarized; (3) proof of the affiant's identity (driver's license or passport); (4) documentation proving the affiant is an heir (often the decedent's will, or a statement that the person died intestate and the affiant is the spouse/child under state law); (5) in some states, a statement that no probate is pending and 30+ days have passed since the death. Some states have a statutory form; others allow any format that meets minimum content requirements.