Can you skip probate with a small estate affidavit? Six questions, then the exact procedure for your county.

Every state has a shortcut for small estates. Whether it's open to you depends on the estate's value, whether there was a will, whether there's real property, and how many days have passed. This tells you yes, no, or not yet — then what to file, where, and what it costs.

Check whether the estate qualifies

Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.

3 · Was there a will?

Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.

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5 · Did they own real estate other than the home they lived in?

Most states make you wait 10–45 days before the affidavit can be signed or filed.

Has anyone already opened a probate case?

What a small estate affidavit does

When someone dies, the property in their sole name is frozen until a court says who gets it. That court process is probate: months long, with filing fees, notices, an inventory and usually a lawyer. Every state carves out an exception for estates below a limit — a sworn affidavit, signed by the heirs, that a bank or the DMV must honor as if it were a court order. The limit ranges from about $30,000 (Michigan) to over $200,000 (California). The waiting period ranges from none (Illinois, New York) to 45 days (Indiana).

The catch is that the rules differ in ways that decide whether the affidavit works for you at all. Texas only allows it without a will and makes a judge approve it. California never involves a court. Florida doesn't use a dollar limit. Washington makes you notify the state first. Getting the state's version right is most of the job; getting the county's office, fee and form version right is the rest.

Why the order of steps matters

  1. Death certificates first. Every holder wants a certified copy; order five or more from the county at once.
  2. Inventory before signing. The limit is tested on the whole estate. An affidavit for an estate that turns out to be over the limit is void, and the bank can recover what it paid.
  3. Wait out the period. Signing early is the second most common rejection reason after a missing notarization.
  4. Court or holder. In court states you file first and take certified copies to the bank. In holder states you go straight to the bank — with the state's official form, not a generic template.
  5. Pay debts before heirs. The person who signs is liable for the decedent's debts up to what they collect, in every state.

Small estate affidavit by state

Each state page carries the limit, waiting period, form, statute, signing rule, county offices and fees, plus the county pages that name the exact office. Choose a state:

Arizona
$100,000 · 30 day wait · bankCalifornia
$208,850 · 40 day wait · bankColorado
$82,000 · 10 day wait · bankFlorida
expenses test · no day wait · courtIllinois
$150,000 · no day wait · bankIndiana
$100,000 · 45 day wait · bankMichigan
$30,000 · 28 day wait · bankMissouri
$40,000 · 30 day wait · courtNew York
$50,000 · no day wait · courtTexas
$75,000 · 30 day wait · courtWashington
$100,000 · 40 day wait · bank

Limits, waiting periods and statutes for all 50 states and DC →

When the bank says no

The most common failure isn't the court — it's the teller. Branches reject affidavits because the state statute is unfamiliar, because the bank has its own form, or because the waiting period was counted from the wrong date. What each refusal means and how to get past it, with pages for Bank of America, Chase, U.S. Bank and Wells Fargo.

Common questions

What is a small estate affidavit?

A sworn statement that lets the heirs of a small estate collect the person's property — bank accounts, a car, a final paycheck — without opening a probate case. Every state has one; the dollar limit, waiting period, and whether it goes to a court or straight to the bank differ by state.

How do I know if the estate is small enough?

Add up everything the person owned in their sole name that has no beneficiary: bank accounts, vehicles, personal property. Joint accounts, payable-on-death accounts, life insurance and anything in a trust don't count. Compare that total to your state's limit above — the checker does it for you.

Do I need a lawyer for a small estate affidavit?

No state requires one. The form is published by the court or the legislature and completed by the heir. A lawyer becomes worth paying for when the estate is over the limit, when there is real estate the affidavit can't move, or when heirs disagree — the checker tells you which of those applies.

How long does it take?

The waiting period (0–45 days depending on the state) plus a few days to sign and notarize, then anywhere from the same day (states where you hand it to the bank) to 2–4 weeks (states where a court approves it). Banks typically release funds within 1–3 weeks of receiving a correct affidavit.

What does it cost?

Court forms are free. Filing fees in the states that require filing run $1 (New York) to about $400 (Texas). Notary fees are $10–$15 per signature. Certified death certificates are $10–$25 each and you'll need several.