Small Estate Affidavit Limits and Waiting Periods by State

Most states let heirs collect a small estate without a full probate case. Usually you sign an affidavit (a sworn written statement) and hand it to the bank or whoever holds the property. Each state sets its own dollar limit and waiting period, and they vary a lot: from $20,000 of personal property in North Carolina, for intestate estates (where the person left no will), to $200,000 in Arizona.

Small estate limits in 8 states

Here are the current statutory limits for eight states, the procedure each one uses, and the earliest date you can use it, with the section to check.

State	Procedure	Limit (as written in the statute)	Earliest you can use it
Arizona	Affidavit to collect personal property (A.R.S. § 14-3971(B))	Personal property up to $200,000, less liens	30 days after death
Arizona	Affidavit of succession to real property (A.R.S. § 14-3971(E))	Real property in Arizona up to $300,000, less liens, valued at full cash value on the assessment roll	6 months after death
California	Small estate affidavit (Cal. Prob. Code § 13100)	$208,850 for deaths on or after April 1, 2025 (statutory $166,250, adjusted under § 890)	40 days after death
Florida	Summary administration (Fla. Stat. § 735.201)	Estate subject to administration in Florida, less exempt property, up to $150,000 (raised from $75,000 by ch. 2026-57, effective July 1, 2026), or the person died more than 2 years ago	Court petition, no fixed waiting period in § 735.201
Indiana	Small estate affidavit (Ind. Code § 29-1-8-1)	Gross probate estate up to $100,000 for deaths after June 30, 2022 (less liens, encumbrances and reasonable funeral expenses)	45 days after death
Michigan	Sworn statement to collect personal property (MCL 700.3983)	No real property, and the entire estate up to $53,000 in 2026 (statutory $50,000, adjusted yearly under § 1210)	28 days after death
North Carolina	Collection by affidavit, intestate estates (N.C. Gen. Stat. § 28A-25-1)	Personal property up to $20,000, less liens; up to $30,000 when the affiant is the surviving spouse and sole heir	30 days after death
Ohio	Release from administration (Ohio Rev. Code § 2113.03)	Assets up to $35,000, or up to $100,000 when everything passes to the surviving spouse	Court application with notice
Texas	Small estate affidavit, intestate estates (Tex. Est. Code § 205.001)	Estate assets up to $75,000, excluding homestead and exempt property	30 days after death, and a judge must approve it

Two of these figures move with inflation. California publishes the adjusted amount (the $208,850 figure is from the California courts' self-help guide), and Michigan's Treasury publishes a yearly adjustment under MCL 700.1210 ($53,000 for 2026). Florida's limit changed on July 1, 2026, so ask the court which figure applies to a death before that date. Check the state's current published figure before you rely on any number here.

Who can use a small estate affidavit

The person entitled to the property signs it. Depending on the state, that person is called the "successor" or the "distributee." The affidavit usually has to state that:

the waiting period has passed,
no personal representative (the executor or administrator a court appoints) has been appointed and no petition to appoint one is pending,
the value is under the limit, and
the signer is entitled to the property.

Some states ask for more. Arizona's affidavit also has to say the funeral expenses and the costs of the last illness have been paid (§ 14-3971(B)(4)), and its real property affidavit also requires that all unsecured debts have been paid (§ 14-3971(E)). Indiana requires the affiant, the person signing, to have notified each distributee named in the affidavit (§ 29-1-8-1(b)(5)).

Real estate usually needs a different form

A house or land often can't pass through the same affidavit as bank accounts and other personal property. California's small estate affidavit can't be used for real property; the courts point to separate procedures such as the affidavit re real property of small value (form DE-305). Michigan's sworn statement is only available when the estate includes no real property. Arizona has its own real property affidavit with a higher limit and a six-month wait.

When the estate is over the limit

Someone has to open a probate case and be appointed personal representative. Our state guides walk through the full process, for example the California, Texas, Florida and Ohio guides. Find the court for the county where the person lived in the directory.

Getting the bank paperwork together

Small estate or not, the bank will want a death certificate, proof of your relationship and a list of accounts. EverSettled organizes those documents and the asset list up front, which gets you attorney-ready faster if you do need probate and shortens the path to the inheritance. It then guides you through the rest of the admin after the death.

Frequently asked questions

Is there a waiting period before filing a small estate affidavit?

Yes, in every state in the table that uses an affidavit: 28 days in Michigan, 30 days in Arizona, North Carolina and Texas, 40 days in California and 45 days in Indiana. Arizona's real property affidavit requires six months.

Do I need to go to court for a small estate?

It depends on the state. In Arizona, California, Indiana, Michigan and North Carolina, you present the affidavit to whoever holds the property. North Carolina first requires you to file it with the clerk of superior court in the county where the person lived, and the holder is shown a certified copy. Texas requires the affidavit to be filed with the court clerk and approved by the judge. Florida summary administration and Ohio release from administration are court proceedings.

Which assets count toward the limit?

Each statute defines it differently. Arizona counts personal property less liens. Indiana counts the gross probate estate less liens, encumbrances and reasonable funeral expenses. Texas excludes homestead and exempt property. Assets that pass outside probate, such as accounts with a named beneficiary, generally aren't part of the probate estate.

Sources

General information, not legal advice. Laws and court rules change, and your estate may differ from the examples here. Check the cited statute and your county court's current rules, and ask a probate attorney about your situation.