How to file a small estate affidavit — and why 'file' means two different things
"How do I file a small estate affidavit" has two answers, because states split into two systems. In court states you file with the probate clerk, pay a fee, and receive certified copies that banks honor. In holder states there is nothing to file: the notarized affidavit is presented to whoever holds the asset. Knowing which system your state uses saves a wasted trip to the courthouse — or to the bank.
Court states (file first)
| Texas | County clerk, probate division; ≈ $290–$400; judge approves; then certified copies to each holder. |
|---|---|
| Florida | Clerk of the circuit court; ≈ $231; clerk processes the disposition. |
| New York | Surrogate's Court; $1; court issues one certificate per asset. |
| Missouri | Circuit court, probate division; ≈ $75 plus bond and publication over $15,000. |
Holder states (present, don't file)
| California | Hand to the bank, DMV (with REG 5), employer. Notarize. |
|---|---|
| Illinois | Hand to the holder; the will, if any, is filed with the circuit clerk first. |
| Arizona | Personal property to the holder; real property affidavit filed with Superior Court after 6 months. |
| Washington | Mail a copy to DSHS 10 days before presenting it to the holder. |
| Michigan, Colorado, Indiana | Hand to the holder, notarized. |
The steps, in order
- Certified death certificates. Five or more.
- Inventory. Every asset in the person's sole name, valued; compare to the state limit.
- Wait out the period. 0–45 days depending on the state; count from the date of death.
- Use the state's official form. Courts and banks recognise it; generic templates are the leading cause of rejection.
- Sign correctly. Notary always; witnesses in Texas; every heir in most states.
- File or present. Court states: file, get certified copies. Holder states: bank, DMV, employer.
- Pay, then distribute. Funeral and last medical bills, creditors, then heirs.
Common questions
Do I file a small estate affidavit with the court?
Only in court states — Texas, Florida, New York, Missouri among the states covered here. In California, Illinois, Arizona, Washington, Michigan, Colorado and Indiana it is presented directly to the bank or DMV.
Do I need the original will to file?
In Illinois and New York the original will must be filed with the clerk. In Texas a will means the affidavit can't be used at all. Elsewhere the will is attached or referenced.
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