Small Estate Affidavit Limits by State (2026)
The most an estate can be worth to skip full probate using a small estate affidavit or similar procedure, in every state and DC.
| State | The rule |
|---|---|
| Alabama | Alabama uses a short court process rather than a simple affidavit. Under the Revised Alabama Small Estates Act, if the decedent owned no real estate (other than property passing automatically, such as by survivorship), was not survived by a minor child who is not the surviving spouse's child, and the personal property is worth no more than the small estate amount, a person entitled to the estate can file a verified petition for summary distribution in the probate court of the county where the decedent lived. No bond is required. Notice is published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot order distribution until at least 30 days after each notice. Funeral expenses and claims must be paid or arranged. Ala. Code §§ 43-2-691, 43-2-692, 43-2-693, 43-2-694 |
| Alaska | Thirty days after death, a successor can collect the decedent's personal property (money owed, bank accounts, stock and other personal items) by giving the holder an affidavit, if the whole estate, after liens and debts, is no more than $100,000 in registered vehicles plus no more than $50,000 in other personal property, and no personal representative has been requested or appointed anywhere. The court's form is the Affidavit for Collection of Personal Property of Decedent (P-110). It cannot be used if the decedent owned real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed. AS 13.16.680; Alaska Court System self-help (Collecting Property Without a Court Case) |
| Arizona | Personal property: 30 days after death, a successor can collect personal property (bank accounts, money owed, stock, vehicles) by affidavit if no personal representative has been requested or appointed and all personal property, less liens, is worth no more than $200,000; funeral and last-illness expenses must be paid. A surviving spouse can also collect up to $5,000 of unpaid wages by affidavit at any time. Real property: six months after death, successors can file an affidavit of succession to real property in the superior court if the Arizona real estate, less liens, is worth no more than $300,000 (based on the assessed full cash value); a certified copy is then recorded with the county recorder. A.R.S. § 14-3971 |
| Arkansas | If the value of everything the decedent owned at death, less debts secured against it and excluding the homestead and the statutory allowances for a surviving spouse or minor children, is $100,000 or less, one or more distributees can file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court once 45 days have passed since the death and no petition to appoint a personal representative is pending or granted. The affidavit must state there are no unpaid claims (or that any Department of Human Services benefits were repaid), list and value the property, and list the distributees. Holders of property release it on a clerk-certified copy, without a court order. Real estate can be included; if it is, the distributee must publish notice of the death and the filing within 30 days, and creditors then have three months from first publication to present claims. Clerk fee: $25 to file and $5 per certified copy. Ark. Code Ann. § 28-41-101; Arkansas Judiciary Probate Form 23 |
| California | Personal property (such as bank accounts and stocks) can be collected with a small estate affidavit if the gross value of the person's California real and personal property is $208,850 or less (deaths on or after April 1, 2025; $184,500 for deaths April 1, 2022 – March 31, 2025; $166,250 for earlier deaths) and at least 40 days have passed since the death. Cars, boats, mobile homes, out-of-state real estate, trust property, joint tenancy property, property passing to a surviving spouse, assets paid to named beneficiaries, multi-owner accounts, and up to $20,875 of unpaid wages are not counted. Debts and mortgages are not subtracted. No probate case can be open unless the personal representative consents. The affidavit is used for personal property, not real estate; notarization is not legally required but many institutions ask for it. Cal. Prob. Code §§ 13050, 13100, 890; Judicial Council form DE-300 (rev. April 28, 2025) |
| Colorado | A successor can collect the decedent's personal property (bank accounts, safe deposit box contents, vehicles, stocks, money owed) by presenting an affidavit (form JDF 999) to whoever holds it, if at least 10 days have passed since death, no personal representative has been appointed or applied for anywhere, and the estate's value less liens is no more than the inflation-adjusted limit for the year of death: $88,000 for 2026 deaths, $86,000 for 2025, $82,000 for 2024. The affidavit is not filed with the court and cannot be used to transfer real estate. C.R.S. § 15-12-1201; JDF 998 (rev. March 19, 2026) |
| Connecticut | If the decedent's solely owned personal property (not counting property that passes outside probate, such as joint or beneficiary-designated assets) is worth $40,000 or less and the decedent owned no real estate in Connecticut in their sole name, the surviving spouse (or, if none, next of kin, or another person with a sufficient interest) can file an affidavit with the Probate Court for the district where the decedent lived instead of opening a full probate. The affidavit lists the assets, any state aid received, and the claims, expenses and taxes owed. The court sends a copy to the Department of Administrative Services and cannot issue its decree until 30 days later; the decree then authorizes asset holders to pay creditors and transfer assets to the people entitled to them. Conn. Gen. Stat. § 45a-273 |
| Delaware | If the decedent's personal property (not counting jointly owned property and certain exempt items) is worth $50,000 or less and the decedent owned no Delaware real estate in their own name or as a tenant in common, a spouse, close relative, trustee of the decedent's trust, a qualified named executor or a licensed Delaware funeral director can collect the personal property by sworn affidavit. At least 30 days must have passed since death, no personal representative petition can be pending or granted, all known debts must be paid or provided for, and the surviving spouse's allowance must be paid, provided for, waived or expired. The affidavit is given to whoever holds the property. 12 Del. C. § 2306 |
| District of Columbia | D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits. D.C. Code §§ 20-351, 20-352 |
| Florida | Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate. Fla. Stat. §§ 735.301, 735.303 |
| Hawaii | Yes, for personal property. A successor can collect money owed to the decedent and the decedent's personal property by giving the holder a death certificate and an affidavit stating that the gross value of the decedent's Hawaii estate does not exceed $100,000 (motor vehicles can be transferred regardless of value), that no petition for a personal representative is pending or granted in Hawaii, and that the successor is entitled to the property. The statute does not set a waiting period. Real estate is not covered by the affidavit. Haw. Rev. Stat. § 560:3-1201 |
| Idaho | If the probate estate's fair market value, minus liens and encumbrances, is $100,000 or less, a successor can collect money owed to the decedent, tangible personal property, and financial instruments (including securities) by affidavit. The affidavit can be used 30 days after death, and only if no application for a personal representative or summary administration is pending or granted anywhere. The statute covers personal property; it does not provide for transferring real estate. Idaho Code § 15-3-1201 |
| Illinois | A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached. 755 ILCS 5/25-1 |
| Indiana | If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate. IC 29-1-8-1 |
| Iowa | If the gross value of the decedent's personal property that would pass by will or intestacy is $50,000 or less and there is no real property, a successor can collect the property by affidavit after 40 days have passed since the death, without opening an estate. The affidavit (under penalty of perjury) is given to the holder of the property with a certified copy of the death certificate, and covers tangible personal property, debts, accounts, securities and similar rights, and insurance or other property with no named beneficiary. It cannot be used while an estate administration is pending, and it does not transfer real estate. Medicaid repayment, taxes and creditors must be paid from what is received. Iowa Code § 633.356 |
| Kansas | If the total probate assets of a Kansas resident do not exceed $75,000, personal property (for example bank accounts and vehicles) can be transferred to a successor without opening probate, by giving the holder an affidavit showing entitlement. A successor is a person entitled to the property under the will or by intestate succession, or the person named as executor in the will. The affidavit is sufficient if it substantially follows the Kansas Judicial Council form; it is not filed with the court. It covers personal property only, not real estate. The statute does not set a waiting period. K.S.A. 59-1507b |
| Kentucky | Kentucky has no small estate affidavit. Instead, the surviving spouse (or, if there is none, the surviving children) may ask the District Court to set apart up to $30,000 of personal property or money as exempt. If that exemption, together with preferred claims paid, equals or exceeds the estate's distributable assets, the court may dispense with administration and order the assets transferred. KRS 391.030, 395.455 |
| Louisiana | A 'small succession' is the estate of a Louisiana resident whose property had a gross value of $200,000 or less at death (for a non-resident, Louisiana property of $125,000 or less), or of a person who died at least 20 years before the affidavit, regardless of value. No court proceeding is needed if the person died without a will; if there was a will and no Louisiana real estate, the spouse and all heirs and legatees must agree to waive probate. At least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit listing the heirs, the property (real estate described well enough to transfer), its value, and each heir's share. Heirs who do not sign must be unlocatable or have received 30 days' mailed notice without objecting. Banks and others may pay or deliver property on the affidavit. Real estate is allowed: the affidavit must be recorded in the conveyance records of the parish where the property is located. No waiting period is set. La. Code Civ. Proc. arts. 3421, 3431, 3432, 3434 |
| Maine | Personal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate. 18-C M.R.S. § 3-1201 |
| Maryland | Maryland does not use a collect-by-affidavit procedure. Instead it has 'small estate' administration through the Register of Wills: available when the property subject to administration in Maryland is worth $50,000 or less, or $100,000 or less if the surviving spouse is the only heir or legatee. Value is fair market value minus debts secured by the property. Real estate counts toward the limit and may be included. There is no waiting period; the petition can be filed any time after death. Md. Code, Estates & Trusts §§ 5-601, 5-602 |
| Massachusetts | Voluntary administration: if a Massachusetts resident left only personal property (no real estate) worth no more than $25,000, plus a motor vehicle of any value, an interested person may file a sworn voluntary personal representative statement with the Probate and Family Court in the county where the person lived, on the court's form, at least 30 days after death and if no petition for a personal representative has been filed. The statement lists assets, heirs and will beneficiaries, and is filed with the original will (if any) and a death certificate. The register then issues an attested copy, which the voluntary personal representative uses to collect the assets. M.G.L. c. 190B, § 3-1201 |
| Michigan | If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598. MCL 700.3983; MCL 700.1210 |
| Minnesota | If the entire probate estate (less liens and encumbrances) is $75,000 or less, a successor may collect personal property (money owed, accounts, stocks, tangible property, safe deposit box contents, vehicles) by affidavit 30 days after death, with a certified death record, provided no application or petition for a personal representative is pending or granted. The affidavit procedure covers personal property, not real estate. Minn. Stat. § 524.3-1201 |
| Mississippi | If the decedent's entire probate estate, excluding liens and encumbrances, is worth $75,000 or less, a successor may collect the decedent's tangible personal property, bank accounts and other debts owed, and stock or similar instruments by presenting an affidavit at least 30 days after death. Successors, in order of priority, are the surviving spouse, then any child, then any grandchild, then either parent or any sibling. The affidavit must state the estate's value, that 30 days have passed, that no personal representative has been appointed or applied for in any jurisdiction, the facts making the person a successor, and the successor's duty to distribute the property to anyone with a superior right. If a holder refuses, the successor may ask the chancery court to compel payment or delivery. Miss. Code Ann. § 91-7-322 |
| Missouri | If the entire estate, less liens, debts and encumbrances, is $40,000 or less, a distributee (or the personal representative named in a will) may file a small estate affidavit with the probate division at least 30 days after death, if no application for letters is pending or granted. A bond is generally required unless the court waives it. Real estate may pass this way; the affidavit and clerk's certificate are recorded with the recorder of deeds. If the property listed is over $15,000, the clerk publishes notice to creditors for two weeks. RSMo § 473.097 |
| Montana | 30 days after death, a successor may collect money owed to the deceased, tangible personal property, and stock or other instruments by giving an affidavit stating that the probate estate, wherever located, less liens and encumbrances, is $100,000 or less, that 30 days have passed, that no personal representative has been applied for or appointed anywhere, and that the person is entitled to the property. The affidavit covers personal property only; it does not transfer real estate. Mont. Code Ann. § 72-3-1101 |
| Nebraska | Personal property: 30 days after death, a successor may collect money, bank accounts, stock, vehicles and other personal property by affidavit if the value of all personal property in the estate, less liens, is $100,000 or less, no personal representative has been applied for or appointed, and a certified death certificate is attached. The affidavit is signed before a notary and given to whoever holds the property (it is not filed with the court). Real estate: 30 days after death, successors may record an affidavit with the register of deeds if the deceased's Nebraska real estate is worth $100,000 or less (based on the assessed value for the year of death, less taxes owed), with a death certificate and any will attached. Neb. Rev. Stat. §§ 30-24,125, 30-24,129 |
| Nevada | If the decedent left no Nevada real estate, a person entitled to the property may collect it by affidavit 40 days after death, without court letters. Limit: gross value of up to $25,000 for most claimants, or up to $150,000 if the claimant is the surviving spouse. Armed Forces pay owed to the decedent and registered motor vehicles are not counted toward the limit. The affidavit cannot be used for real estate. NRS 146.080 |
| New Jersey | Only when there is no will. If the total real and personal assets do not exceed $50,000, the surviving spouse, civil union partner or domestic partner may sign an affidavit before the county Surrogate (or the Superior Court) and take all the assets without administration; assets up to $10,000 are free of the deceased person's debts. If there is no surviving spouse or partner and the total assets do not exceed $20,000, one heir who has written consent from the other heirs may sign an affidavit before the Surrogate and collect the assets for the benefit of all heirs and creditors, without a bond. Both affidavits list the nature, location and value of the real and personal assets, so real estate counts toward the limit. The person signing gets the powers and duties of an administrator. N.J.S. 3B:10-3, 3B:10-4 (as amended by P.L.2015, c.232) |
| New Mexico | Thirty days after death, if no personal representative has been appointed or applied for, a successor may collect personal property with a notarized affidavit (Affidavit of Successor in Interest) if the whole estate, less liens and encumbrances, is $50,000 or less. It cannot be used to transfer real estate. A surviving spouse may use a separate affidavit filed with the county clerk for the home if, 6 months after death, no probate has been filed, the home is the only asset to transfer, and its assessed value is not more than $500,000. NMSA 1978, § 45-3-1201 |
| New York | New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death. N.Y. Surr. Ct. Proc. Act §§ 1301, 1302, 1303 |
| North Carolina | Collection by affidavit is available when the decedent's personal property (minus liens) is worth $20,000 or less, or $30,000 or less if the person filing is the surviving spouse who is entitled to all of it (reduced by any spousal allowance paid). At least 30 days must have passed since death. An heir, creditor or public administrator (and, if there is a will, the named executor or a devisee) files the affidavit with the clerk of superior court in the county of domicile before collecting assets. If there is a will, it must first be admitted to probate. Real estate is not collected this way; the affidavit only lists it. N.C. Gen. Stat. §§ 28A-25-1, 28A-25-1.1 |
| North Dakota | Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court. N.D. Cent. Code §§ 30.1-23-01, 30.1-23-02 |
| Ohio | Ohio does not use a small estate affidavit. Instead, the probate court may relieve an estate from administration on application (see simplified probate). A summary release from administration is available when estate assets do not exceed the lesser of $5,000 or the funeral and burial expenses, to a non-spouse who paid or is obligated in writing to pay those expenses; a surviving spouse may use it when assets do not exceed the spouse's support allowance plus up to $5,000 of funeral and burial expenses. The application must be on the Supreme Court form and signed before a notary or deputy probate clerk; real estate passes through a certificate of transfer. Ohio Rev. Code 2113.031 |
| Oklahoma | Ten or more days after the death, a successor may collect money owed to the decedent, tangible personal property, and instruments such as stock or other evidence of a debt or obligation by presenting an affidavit stating that: the fair market value of the decedent's Oklahoma property subject to a will or intestate succession, less liens and encumbrances, is not more than $50,000; no petition to appoint a personal representative is pending or has been granted anywhere; each claiming successor is entitled to the property in the stated shares; and all taxes and debts of the estate have been paid, provided for, or are barred. Transfer agents and officials who keep title records (for example, vehicle titles) must re-register the property to the successor. The affidavit covers personal property; it does not transfer title to real estate. 58 O.S. § 393; 58 O.S. § 394 |
| Oregon | Oregon calls this a 'simple estate affidavit,' filed with the probate court clerk. It may be used if no more than $75,000 of the estate's fair market value is personal property (other than manufactured homes) and no more than $200,000 is real property and manufactured homes ($275,000 in total). Values are fair market value without reduction for liens or debts, generally as of the date of death. Real property may be included. It may not be filed until 30 days after the death (the court's instructions state 60 days for a creditor). Heirs or devisees, a personal representative named in the will, or certain state agencies may file; a person disqualified to serve as personal representative or convicted of a felony may not. Creditors may present claims to the affiant within four months after the affidavit is filed. ORS 114.505 to 114.560 (esp. ORS 114.510, 114.515, 114.540) |
| Pennsylvania | Pennsylvania has no general small estate affidavit. Instead, certain assets may be paid directly to family without letters: an employer may pay up to $10,000 in wages or employee benefits; a bank or credit union must pay deposits of up to $20,000 per institution to the spouse, a child, a parent or a sibling (in that order of preference) when a receipted funeral bill or a funeral director's affidavit is presented; a facility may pay up to $10,000 from a medical-assistance patient's care account; an insurer may pay up to $11,000 owed to the estate after 60 days; and the State Treasurer may release unclaimed property of $20,000 or less to the spouse or close relatives on a sworn affidavit if no personal representative has been appointed (or five years have passed since appointment). Real estate cannot pass this way. 20 Pa.C.S. § 3101 |
| Rhode Island | If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered. R.I. Gen. Laws § 33-24-1 |
| South Carolina | If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once 30 days have passed since the death and no personal representative application is pending. The affidavit must be approved by the probate judge and filed with the probate court. Real estate counts toward the limit but cannot be transferred by this affidavit. S.C. Code § 62-3-1201 |
| South Dakota | Personal property: 30 days after death, a successor may collect money owed to the decedent and the decedent's personal property (including bank accounts and securities) by affidavit if the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition for appointment of a personal representative is pending or granted anywhere, and the decedent owes nothing to the Department of Social Services for nursing home or other institutional medical care. Real property: a separate affidavit may be filed with the register of deeds in each county where the land is located, at least 60 days after death, if the decedent's interest in all South Dakota real property is worth no more than $50,000 (non-agricultural land may be valued from the assessment rolls; agricultural land at fair market value), signed by all claiming successors and accompanied by a certified death certificate. SDCL 29A-3-1201; SDCL 29A-3-1203 |
| Tennessee | Tennessee no longer uses a small estate affidavit; it uses a 'Small Estate Probate' procedure with limited letters. A small estate is one whose probate property does not exceed $50,000. Only personal property counts: real estate, property held jointly with right of survivorship or as tenants by the entirety, and property payable to a named beneficiary are not included. After 45 days from the death (the court may waive the wait for good cause), and if no regular administration has been opened, one or more competent adult heirs (or, if a will directs a different distribution, the person named as personal representative) file a sworn petition listing each item of property and its value and each creditor and the amount owed. A bond with a corporate surety equal to the property's value is required unless the petitioners are the sole heirs or beneficiaries or all adult heirs and beneficiaries consent in writing. No notice to creditors is published, and creditors may not file claims in the small estate proceeding. The limited letters stay open until their first anniversary, when the personal representative and surety are discharged. Tenn. Code Ann. §§ 30-4-101 to 30-4-105 (esp. § 30-4-102, § 30-4-103) |
| Texas | Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records. Tex. Estates Code §§ 205.001-205.009 |
| Utah | Thirty days after the death, a successor may collect money owed to the decedent and tangible personal property (including instruments such as stock certificates) by presenting an affidavit stating that the value of the entire estate subject to administration, wherever located, less liens and encumbrances, is not more than $100,000; that 30 days have passed since the death; that no petition to appoint a personal representative is pending or granted anywhere; and that the successor is entitled to the property. The affidavit is not filed with the court; it is signed before a notary and given to the bank or other holder. Up to four registered boats, motor vehicles, trailers or semitrailers may also be transferred through the Motor Vehicle Division on the affidavit (with the $100,000 figure computed excluding those vehicles). Water company shares are not eligible. The Utah courts' guidance states this procedure is not used for real property. Utah Code §§ 75-3-1201, 75-3-1202 |
| Vermont | Vermont does not use an out-of-court collection affidavit. Instead, a small estate (fair market value of $45,000 or less, consisting entirely of personal property, with no real estate other than a time-share) may be opened in the Probate Division by filing a petition, a list of interested persons, the filing fee, an original death certificate, an inventory, an affidavit of paid and outstanding funeral expenses and debts, a bond without surety equal to the estate's value, and the will, if any. Interested persons who do not consent in writing have 14 days after notice to object; if none object, the court approves the fiduciary and any will without a hearing. 14 V.S.A. §§ 1901-1903 |
| Virginia | Yes. If the decedent's entire personal probate estate is worth no more than $75,000, anyone holding a small asset (a bank, brokerage or credit union account, security, refund, tangible personal property, or debt owed to the decedent, but not real estate) must pay or deliver it to the designated successor who presents an affidavit signed by all known successors stating, among other things, that at least 60 days have passed since death, that no personal representative has been appointed or applied for, and that any will has been probated. The affidavit must be on the form prepared by the Office of the Executive Secretary of the Supreme Court of Virginia (Form CC-1685), and each signature is notarized; it is presented to the asset holder rather than filed in court. A holder may also pay a small asset worth $35,000 or less to a successor without an affidavit after 60 days if no personal representative has been appointed or applied for. Va. Code § 64.2-600; § 64.2-601; § 64.2-602 |
| Washington | A successor may collect the decedent's personal property by affidavit if the probate estate (not counting the surviving spouse's or domestic partner's community property interest), less liens and encumbrances, does not exceed $100,000. The affidavit may be used only after 40 days have passed since death, if no personal representative has been appointed or applied for anywhere, all debts (including funeral and burial expenses) have been paid or provided for, and written notice was given to all other successors at least 10 days earlier. The decedent must have been a Washington resident. The procedure covers personal property only (bank accounts, securities, vehicles and similar); real property cannot be transferred this way. A copy of the affidavit, with the decedent's Social Security number, must be mailed to the Department of Social and Health Services, Office of Financial Recovery. RCW 11.62.005; RCW 11.62.010; RCW 11.62.020 |
| West Virginia | A successor of a decedent who died domiciled in West Virginia may use a small estate affidavit if the decedent's probate personal property is worth no more than $50,000 in total and the decedent owned no probate real estate (or interest in probate real estate). The affidavit, sworn before a notary, is filed for recording with the clerk of the county commission (or fiduciary supervisor) in the county of probate jurisdiction. A successor named as executor in the will may file once 30 days have passed since death; any other successor must wait 60 days. No bond or oath is required. The clerk mails copies to the named executor and the beneficiaries or heirs and issues a certificate and authorization that lets the successor collect and distribute the assets for six months (extendable once for up to six months for good cause). Interested persons have 30 days after mailing to file a written objection. Separately, after 120 days from death, holders of up to $5,000 in wages, accounts or other assets (and the Treasurer, for unclaimed property of $5,000 or less) may pay the surviving spouse or, if none, the heirs on an affidavit when no personal representative has qualified. W. Va. Code § 44-1A-1; § 44-1A-2; § 44-1A-3; § 44-1-28 |
| Wisconsin | Yes, 'transfer by affidavit.' If the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value, an heir, the trustee of the decedent's revocable trust, the person named in the will as personal representative, or the decedent's guardian at death may collect money and receive property by giving the holder an affidavit describing the property and stating the total value of the property subject to administration and whether the decedent or spouse received certain public long-term care or medical assistance benefits (if so, notice must first be sent to the Department of Health Services by certified mail). Real property may be included: at least 30 days before recording the affidavit with the register of deeds, the affiant must give the heirs a copy and notice by certified mail or personal service. A person named as personal representative who is not also an heir, trustee or guardian may not take real property this way, and holders must wait 30 days before transferring to such a person. The affiant must use the property to pay the decedent's obligations in statutory priority and distribute the rest to those entitled. Wis. Stat. § 867.03 |
| Wyoming | Not earlier than 30 days after the death, the distributees (or their attorney) may collect money owed to the decedent, tangible personal property, and instruments such as stock by affidavit stating that the value of the entire Wyoming estate subject to administration, less liens and encumbrances, is not more than $400,000; that 30 days have passed; that no application to appoint a personal representative is pending or granted in Wyoming; and the facts showing who is entitled to the property. The affidavit must be filed with the county clerk, and a certified copy is presented to the holder of the property. The county clerk where a vehicle is registered must transfer its title on the affidavit. Real property is handled through the summary distribution procedure instead. W.S. 2-1-201; W.S. 2-1-202 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.