Can a small estate affidavit transfer a house or land?
Last reviewed: September 14, 2026 · Sources: state statutes and court self-help pages linked from each state page
The affidavit was written for bank accounts and cars. Real estate is title, and title companies want a court record. A handful of states built a bridge; the rest send you to probate.
| Texas | Homestead only, to surviving spouse or minor children; the approved affidavit is recorded in deed records. Other real estate: probate. |
|---|---|
| Arizona | Separate affidavit for real property up to $300,000 (assessed value less liens), filed with Superior Court after 6 months, then recorded. |
| California | DE-305 for real property up to $69,625, filed with the court; above that, probate or a spousal property petition. |
| Missouri | Included if the entire estate, real estate counted, stays under $40,000. |
| Indiana | Separate affidavit recorded with the county recorder under the same $100,000 test. |
| Illinois, Washington, New York, Colorado, Michigan, Florida | Any real estate in sole name means the affidavit can't be used for the estate (Florida: summary administration; Michigan: PC 556 petition). |
What people miss
- Real estate held jointly with right of survivorship, or in a trust, or with a transfer-on-death deed, is not in the estate — it passes on its own.
- A mobile home is titled like a vehicle in most states and goes through the DMV route.
- Heirship affidavits (Texas and a few others) record who inherited land but don't transfer it — see the comparison.
Common questions
Can I sell the house with a small estate affidavit?
Only in the states that let real estate pass by affidavit (Texas homestead, Arizona, California under the limit, Missouri, Indiana), and a title company may still ask for more. Elsewhere you need probate or a determination of heirship first.
Check whether your estate qualifies · Limits by state · All guides