Can you skip probate with a small estate affidavit?

Part of Settle's executor guides · 44 jurisdictions · state content checked 2026-09 · page generated 2026-09-28

Often, yes — most states offer a simplified path for estates under a dollar threshold, which can save months and thousands. But the threshold, what counts toward it, and whether real property disqualifies you are different in every single state. Check yours before you file anything.

The answer is different in every state

There is no national rule here. Settle covers 44 jurisdictions and they produce 44 genuinely different answers — so rather than pick one, here is each of them. Follow the state link for the full checklist and the statute behind it.

StateWhat applies there
AlabamaA summary distribution is available for small estates; the cap is inflation-adjusted (about $47,000 for 2026) — Revised Alabama Small Estates Act, Ala. Code 43-2-690.
AlaskaA small-estate affidavit is available 30 days after death where the entire estate, wherever located and less liens and encumbrances, is no more than vehicles worth $100,000 AND other personal property worth $50,000 — both caps must hold. No real property passes by this affidavit (AS 13.16.680).

AS 13.16.680 · last checked 2026-09-19read at source

ArizonaArizona has three affidavits with three different waits (A.R.S. 14-3971): wages or compensation owed up to $5,000 with NO waiting period; personal property up to $200,000, less liens and encumbrances, 30 days after death; and real property up to $300,000, less liens against it, six months after death.
ArkansasA small-estate affidavit is available where the estate (less homestead/allowances) is $100,000 or less and there are no unpaid claims, usable 45 days after death (Ark. Code 28-41-101).
CaliforniaCalifornia sets a different limit per property type — most executors only hear the first. Deaths on/after 1 Apr 2025: personal property $208,850 by affidavit after 40 days (§13100); a primary residence $750,000 by petition (§13151); other real property $69,625 (§13200); a spouse-and-minor-children set-aside $107,900 on NET value (§6602); compensation owed $20,875 (§13050). If the home pushed you over $208,850, check §13151 before assuming full probate. Figures: Judicial Council form DE-300, next adjusted April 2028.

Cal. Prob. Code §13100; Judicial Council form DE-300 · last checked 2026-09-05read at source

ColoradoA collection-by-affidavit is available 10 days after death — not the 30 days most states use — for personal property only; real estate cannot pass this way. The cap is $88,000 for a 2026 death and is set by the year of DEATH, not today: $86,000 for 2025, $80,000 for 2023. The Colorado Department of Revenue republishes it each year; the statute itself carries no figure (C.R.S. 15-12-1201).

C.R.S. 15-12-1201 (amount published by the Dep't of Revenue under §15-10-112) · last checked 2026-09-19read at source

ConnecticutA small-estate settlement is available for estates of $40,000 or less with no real property (C.G.S. 45a-273).
DelawareA small-estate affidavit is available for personal property of $30,000 or less with no solely-owned real estate (12 Del. C. 2306).
District of ColumbiaA small-estate proceeding is available for estates of $40,000 or less (D.C. Code 20-351).

D.C. Code §20-903 · last checked 2026-07not yet confirmed

HawaiiA simplified collection is available for personal property of $100,000 or less (HRS 560:3-1201).
IdahoA small-estate affidavit is available for net personal property under $100,000, usable 30 days after death (Idaho Code 15-3-1201).
IllinoisGenerally available if the estate is $150,000 or less and has no real estate, for deaths on or after August 15, 2025 (motor vehicles excluded); the older limit was $100,000 (755 ILCS 5/25-1).

755 ILCS 5/25-1, as amended by P.A. 104-0346 · last checked 2026-09-05read at source

IndianaA small-estate affidavit is available for a gross probate estate of $100,000 or less (IC 29-1-8-1), usable 45 days after death.
IowaSummary administration is available for a gross probate estate of $200,000 or less (Iowa Code 635.1).
KansasA small-estate affidavit is available for estates of $75,000 or less, usable 30 days after death (K.S.A. 59-1507b).
KentuckyA small-estate/dispensing-with-administration process is available for estates of about $30,000 or less (KRS 395.455).
LouisianaAn affidavit of small succession is available for estates of $125,000 or less (waived entirely if death was 20+ years ago) — La. C.C.P. art. 3421.
MaineA small-estate affidavit is available for personal property of $40,000 or less with no real estate (18-C M.R.S. 3-1201). Note a 3-year outer deadline to begin probate.
MarylandA small-estate administration is available for gross probate assets of $50,000 or less (or $100,000 if the surviving spouse is the sole heir) — Est. & Trusts 5-601.
MassachusettsVoluntary administration is available for personal property of $25,000 or less (excluding one vehicle) and no real estate (G.L. c. 190B 3-1201).
MinnesotaA collection-by-affidavit is available where the estate (less liens) is $75,000 or less (Minn. Stat. 524.3-1201).
MississippiA small-estate affidavit is available for estates of $75,000 or less, usable 30 days after death (Miss. Code 91-7-322).
MissouriA small-estate affidavit is available for estates of $40,000 or less, usable 30 days after death (RSMo 473.097).
MontanaA small-estate affidavit/summary administration is available for estates of $100,000 or less (net of liens), usable 30 days after death (MCA 72-3-1101).
NebraskaTwo affidavits, two sections. Personal property up to $100,000, wherever located, less liens and encumbrances, 30 days after death (Neb. Rev. Stat. §30-24,125). Real property in Nebraska up to $100,000 by affidavit recorded with the county register of deeds, also 30 days after death (§30-24,129).

Neb. Rev. Stat. §30-24,125; §30-24,129 · last checked 2026-09-28read at source

NevadaThree routes. An affidavit of entitlement 40 days after death where the gross value of the decedent's Nevada property is $25,000 or less — or $150,000 if the claimant is the surviving spouse (NRS 146.080). Or the court can set the estate aside without administration where it is $150,000 or less, 30 days after death (NRS 146.070).

NRS 146.080; NRS 146.070 · last checked 2026-09-19read at source

New HampshireNew Hampshire has NO dollar small-estate cap; it uses a 'waiver of administration' (RSA 553:32) based on who inherits/serves, available at any value.
New JerseyBoth routes are intestate-only and measure REAL AND PERSONAL assets together. Up to $50,000 where there is a surviving spouse, partner in a civil union, or domestic partner (N.J.S.A. 3B:10-3). Up to $20,000 for an heir where there is no spouse or partner, with the written consent of the remaining heirs (3B:10-4). Sworn by affidavit before the Surrogate of the county where they lived.

N.J.S.A. 3B:10-3; 3B:10-4 · last checked 2026-09-28read at source

New MexicoA small-estate affidavit is available for personal property of $50,000 or less, usable 30 days after death (NMSA 45-3-1201).
North DakotaA small-estate affidavit is available for estates of $50,000 or less (NDCC 30.1-23-01).
OklahomaTwo different routes, two different sections. An affidavit collects personal property where the fair market value of the decedent's Oklahoma property, less liens and encumbrances, is $50,000 or less, ten or more days after death (58 O.S. §393). Summary administration is a court petition and qualifies on ANY ONE of: estate $200,000 or less, decedent deceased more than five years, or decedent resided in another state (58 O.S. §245).

58 O.S. §393; 58 O.S. §245 · last checked 2026-09-28not yet confirmed

OregonOregon calls this a SIMPLE estate affidavit, not a small estate affidavit. It cannot be filed until 30 days after death, and two caps must both hold: personal property other than manufactured homes at $75,000 or less, AND real property plus manufactured homes at $200,000 or less, at fair market value (ORS 114.505-114.560).

ORS 114.505–114.560 · last checked 2026-09-19read at source

Rhode IslandA small-estate procedure is available for personal property of $15,000 or less (R.I. Gen. Laws 33-24-1).
South CarolinaA small-estate affidavit is available for a probate estate of $25,000 or less, and the probate judge must approve/countersign it (S.C. Code 62-3-1201).
South DakotaA small-estate affidavit is available for gross probate assets of $50,000 or less (SDCL 29A-3-1201).
TennesseeA small-estate affidavit is available for estates of $50,000 or less, usable 45 days after death (T.C.A. 30-4-103).
TexasGenerally available if estate assets (excluding homestead and exempt property) are $75,000 or less, there is no will, and 30 days have passed since death (Estates Code Ch. 205). Confirm with the county clerk.

Tex. Est. Code ch. 205 (§205.001) · last checked 2026-09-05read at source

UtahA small-estate affidavit is available for personal property of $100,000 or less, usable 30 days after death (Utah Code 75-3-1201).
VermontA small-estate procedure is available for estates under $45,000 with no real estate (14 V.S.A. ch. 81).
VirginiaA small-estate affidavit is available for a personal probate estate of $50,000 or less, usable 60 days after death (Va. Code 64.2-601).
WashingtonA small-estate affidavit is available for personal property of $100,000 or less, usable 40 days after death (RCW 11.62).
West VirginiaA summary settlement is available where probate assets are $200,000 or less; a separate small-estate affidavit route exists (personal property up to $50,000, real property up to $100,000).
WisconsinA transfer by affidavit is available for estates of $50,000 or less (Wis. Stat. 867.03). Note: Wisconsin is a marital-property state.
WyomingA small-estate affidavit is available for a net estate of $400,000 or less (raised July 1, 2025), usable 30 days after death (Wyo. Stat. 2-1-201).

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How to check us

Every figure on this page links to the statute or court source it came from and shows the date we last read it. 2 of the 11 citations on this page carry the “not yet confirmed” tag. That means we recorded the citation from a secondary source and have not yet read it against the primary statute text ourselves. We could have left those rows out and the page would look better — but it would imply the rest were checked too, which is exactly the impression nobody should be given about a court deadline.

The full registry, including everything we have not confirmed, is published at Where the state information comes from. If the court or your attorney gave you a different date, please tell us at support@vertexlabsolutions.com — it is the fastest way to get it fixed for the next executor.

Your state, start to finish

This is one step out of roughly two dozen. The full sequence for your state — with the statutory deadlines, the citations behind them and the date each was last checked — is in the state executor guides.

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