Can you skip probate with a small estate affidavit?

Part of Settle's executor guides · 44 jurisdictions · state content checked 2026-09 · page generated 2026-09-27

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 where vehicles are $100,000 or less AND other personal property is $50,000 or less; no real property may pass by affidavit (AS 13.16.680).
ArizonaSmall-estate affidavits are available for personal property of $200,000 or less and real property of $300,000 or less (recently raised) — A.R.S. 14-3971.
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).
CaliforniaCompare the estate's probate assets against California's current small-estate threshold (about $208,850 for deaths on/after April 1, 2025; it adjusts periodically). Confirm the current figure with the court's self-help center.

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

ColoradoA collection-by-affidavit is available for personal property (no real property); the cap is inflation-adjusted (about $88,000 for 2026 deaths) — C.R.S. 15-12-1201.
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).
NebraskaA small-estate affidavit is available for personal property of $100,000 or less (real property threshold also $100,000 since July 2024) — Neb. Rev. Stat. 30-24,125.
NevadaAn affidavit is available for estates of $25,000 or less ($150,000 if the claimant is the surviving spouse); larger tiers exist for set-aside and summary administration (NRS 146).

NRS §147.040 · last checked 2026-09-05read 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 JerseyA simplified affidavit is available before the Surrogate if the estate is $50,000 or less (surviving spouse) or $20,000 or less (other heirs) — N.J.S.A. 3B:10-3/10-4.
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).
OklahomaA small-estate affidavit ($50,000) and summary administration (estates of $200,000 or less) are available (58 O.S. 245).

58 O.S. §245 · last checked 2026-07not yet confirmed

OregonA small-estate affidavit is available where personal property is $75,000 or less AND real property is $200,000 or less (ORS 114.505-114.560).
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 6 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 [email protected] — 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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