What is your relationship to the person who died?
Select your relationship to personalize your affidavit workflow.
50-State Statutory Requirements
Search your state to see the maximum estate value, mandatory wait period, and signing requirements.
| State | Max Estate |
|---|---|
| Alabama | $25,000 |
| Alaska | $100,000 |
| Arizona | $75,000 personal / $100,000 real |
| Arkansas | $100,000 |
| California | $184,500 |
| Colorado | $74,000 |
| Connecticut | $40,000 |
| Delaware | $30,000 |
| District of Columbia | $40,000 |
| Florida | $75,000 |
| Georgia | $10,000 (no administration needed) |
| Hawaii | $100,000 |
| Idaho | $100,000 |
| Illinois | $100,000 |
| Indiana | $50,000 |
| Iowa | $50,000 |
| Kansas | $40,000 |
| Kentucky | $30,000 (dispensing with administration) |
| Louisiana | $75,000 |
| Maine | $40,000 |
| Maryland | $50,000 ($100,000 if spouse sole heir) |
| Massachusetts | $25,000 |
| Michigan | $25,000 |
| Minnesota | $75,000 |
| Mississippi | $50,000 |
| Missouri | $40,000 |
| Montana | $50,000 |
| Nebraska | $50,000 |
| Nevada | $25,000 (affidavit) / $100,000 (set aside) |
| New Hampshire | $10,000 (voluntary admin for larger) |
| New Jersey | $50,000 |
| New Mexico | $50,000 |
| New York | $30,000 (voluntary administration) |
| North Carolina | $20,000 ($30,000 if spouse sole heir) |
| North Dakota | $50,000 |
| Ohio | $35,000 (Release from Administration) |
| Oklahoma | $50,000 |
| Oregon | $75,000 personal / $200,000 real |
| Pennsylvania | $50,000 |
| Rhode Island | $15,000 |
| South Carolina | $25,000 |
| South Dakota | $50,000 |
| Tennessee | $50,000 |
| Texas | $75,000 |
| Utah | $100,000 |
| Vermont | $10,000 |
| Virginia | $50,000 |
| Washington | $100,000 |
| West Virginia | $50,000 (or $100,000 if surviving spouse) |
| Wisconsin | $50,000 |
| Wyoming | $200,000 |
Statutory limits current as of Oct 2025. Consult local counsel for the latest thresholds.
6-Step Probate Bypass Guide
Follow this step-by-step workflow to collect estate assets without full probate proceedings.
Advanced Automation Tools
Estate Value Worksheet
Itemize assets and debts to calculate net estate value. Automatically compared against your state's threshold.
Assets (Gross Value)
Liabilities (Debts & Liens)
Net Estate Value
$0
Heir Notification Dashboard
Most states require notification of all known heirs. This tool generates notification letters and tracks proof of service.
- Auto-generate notification letters for each heir
- Track Certified Mail receipts (Return Receipt Requested)
- Upload/scan green card receipts for proof of service
- Dashboard tracks which heirs have been notified
Death Certificate Order
A certified copy of the death certificate is required in every state. Order from your state's Bureau of Vital Statistics.
Find Your State's Vital Records OfficeFiling Compliance Checklist
Small Estate Affidavit vs. Affidavit of Heirship
| Feature | Small Estate Affidavit | Affidavit of Heirship |
|---|---|---|
| Purpose | Bypass probate to collect personal property | Establish inheritance rights (especially real property) |
| Estate Value Limit | Yes — varies by state | No monetary limit |
| Wait Period | Yes — 10 to 60 days | None required |
| Property Type | Usually personal property only | Real and personal property |
| Court Filing | Usually required | Not always required (can be recorded with county) |
| Witnesses | Varies (Notary, Clerk, or Witnesses) | Typically requires 2 disinterested witnesses |
| Best For | Low-value estates, bank accounts, vehicles | Real estate transfers, land title issues |
Document Preview
Small Estate Affidavit
State of _______________
1. Decedent Information
Full Legal Name of Decedent
Date of Death
Place of Death (City, County, State)
Last Known Address
Social Security Number (last 4)
Marital Status at Death
2. Affiant Information
Affiant Full Legal Name
Relationship to Decedent
Address
Phone Number
Email Address
Date of Birth
3. Itemized Assets
4. Itemized Liabilities
5. List of Known Heirs
Heir #1 Name
Relationship
Address
Share / %
Heir #2 Name
Relationship
Address
Share / %
Heir #3 Name
Relationship
Address
Share / %
6. Execution & Notary Block
Declaration: I, the undersigned affiant, declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge. I am entitled to receive the property of the decedent described herein, and the total value of the decedent's estate does not exceed the statutory limit for the state indicated above.
Affiant Signature
Date
Notary Acknowledgment
State of _____________ County of _____________
Subscribed and sworn to before me this _______ day of _____________, 20___.
Notary Public Signature
Commission Expires
[Notary Seal]
Video Guide
Small Estate Affidavit Explained
Learn when and how to use a Small Estate Affidavit to bypass probate