Avoiding probate with a small estate affidavit
Many estates qualify for a simplified, affidavit-based process that avoids full probate. Here is how to know if yours does.
6 min read
Most states offer a simplified process for transferring property when the estate is small. The procedure is usually called a small estate affidavit or summary administration, and it lets a surviving spouse or close family member collect bank accounts and personal property without opening a full probate case (American Bar Association [ABA], 2023).
How to tell if you qualify
Each state sets its own dollar threshold, and the rules differ on what counts toward the limit. Some states exclude the value of a primary residence or vehicles; others include them. There is also usually a waiting period after the date of death, often thirty to forty-five days (ABA, 2023).
Real estate often follows a different path called affidavit of heirship or summary real property procedure. Confirm with the county recorder before assuming a single affidavit transfers everything.
What the affidavit does
The signer swears under penalty of perjury that they are entitled to the property, that the estate qualifies, and that no probate is pending. Banks and brokerages will release funds on receipt of the affidavit and a death certificate (Consumer Financial Protection Bureau [CFPB], 2023).
Find the right form for your state
NextStep links to the official form and filing instructions for each state and helps you check whether you meet the threshold.