Can you use a small estate affidavit when there is a will?
Last reviewed: September 14, 2026 · Sources: state statutes and court self-help pages linked from each state page
A will doesn't take an estate out of the small estate rules in most states — it changes who the "successors" are. The people named in the will sign and collect instead of the heirs under intestacy law. Three states need care.
| Texas | Affidavit not available with a will. Use a muniment of title (a short probate that admits the will without administration). |
|---|---|
| Illinois | File the original will with the circuit clerk (required within 30 days of death), then use the affidavit; the affidavit recites the will's beneficiaries. |
| New York | Voluntary administration: the original will is filed with the Surrogate's Court with the affidavit; the named executor usually signs. |
| California, Arizona, Washington, Michigan, Colorado, Indiana, Missouri, Florida | Affidavit available; the will's beneficiaries are the successors. Missouri and Florida file the will alongside. |
What changes in the affidavit
- The "successor" section lists beneficiaries under the will, not intestate heirs.
- Most states require a statement that the will has not been, and will not be, probated (Illinois, California).
- Where the will names an executor, banks prefer the executor to sign even though the statute doesn't require it.
Common questions
Does a will have to be probated to use a small estate affidavit?
No — that's the point. The affidavit substitutes for probate. Illinois and New York require the original will to be filed (deposited) with the clerk, which is not the same as probating it.
What if the will leaves everything to one person?
That person is the sole successor and can sign alone in most states. Some banks still ask other family members to sign a consent.
Check whether your estate qualifies · Limits by state · All guides