Small Estate Probate: Limits by State and How It Works

Most states let families settle a small estate without full probate. You collect the property with a sworn statement called an affidavit, or through a short court process. The limit depends on the state. Examples include $75,000 in Texas, $150,000 in Florida and Illinois, $208,850 in California for deaths on or after April 1, 2025, and $50,000 in New York. Only property that would otherwise go through probate counts toward the limit.

This guide covers the US. Rules differ in England and Wales, where our UK probate guide applies.

What is a small estate?

A small estate is one valued below a limit set by state law. The Legal Information Institute says these limits range from about $30,000 to several hundred thousand dollars. States use two main approaches:

• No court case at all. Heirs show the bank or agency a certified death certificate and a signed affidavit, and the holder releases the asset.
• A shorter court process. The court handles the matter with fewer steps, less notice and often no lawyer.

If you're not sure what probate is, start with our plain-English guide to what probate is.

What are the small estate limits in different states?

The table shows five examples so you can see how much the rules vary. They are not a full list, and states revise their limits, so check your own court's website before you file.

California also has a separate limit of $750,000 for the decedent's main California home, which is handled by a court petition rather than the affidavit.

What counts toward the limit?

Only probate assets count: property in the person's name alone, with no beneficiary or co-owner. Value each one as of the date of death. Left out of the total in most states:

• Accounts with a payable-on-death or transfer-on-death beneficiary
• Life insurance and retirement accounts with a named beneficiary
• Property held jointly with survivorship rights
• Assets held in a living trust

California's court guide adds more exclusions: vehicles, out-of-state real property, and community property passing to a surviving spouse. Illinois leaves out motor vehicles. Other states may count them. See our guide on joint accounts after a death and our estate inventory checklist for help sorting each asset.

How to use a small estate affidavit, step by step

1. Confirm that no probate case is open. Some states, such as Texas, require that no petition to appoint a personal representative is pending or granted. Illinois requires that no letters of office have been issued.
2. List and value the probate assets. Use date-of-death balances and fair market value for property. Keep statements as proof.
3. Wait for any required period. California is 40 days after the death. Texas is 30 days. Filing early can get the affidavit rejected.
4. Get your state's form. Start with the probate court's website. Many courts publish a fillable form or a guided questionnaire, as Illinois Legal Aid Online does.
5. Sign under oath. An affidavit is a sworn statement, and a false statement can carry penalties. Some states require each heir to sign.
6. File it or present it. In some states, such as Texas, the affidavit goes to the court and a judge approves it. Elsewhere you present it with a certified death certificate to each bank or other holder.
7. Pay bills, then distribute. Final bills and valid debts come first. Then share the property as the will says, or as state law directs if there's no will.

Our guides on accessing a deceased person's bank account and notifying banks of a death explain what banks usually ask for.

What documents do you need?

• Certified copies of the death certificate. Our guide on how many to order helps you plan.
• The original will, if there is one. Illinois, for example, requires it to be filed with the probate clerk first.
• Your state's small estate affidavit or petition
• Your photo ID and proof of how you're related to the person
• A list of assets with date-of-death values
• Account statements, deeds, vehicle titles and any beneficiary forms

Do debts still have to be paid?

Yes. According to the FTC, a person's debts don't go away when they die. They're owed by and paid from the estate. Relatives usually aren't personally responsible for them, but there are exceptions: if you co-signed a loan, are a surviving spouse in a community property state or a state that makes spouses responsible for some debts such as health care, or serve as a court-appointed representative who doesn't follow probate procedures.

The safest order is to identify debts first, pay valid ones and only then share what remains. Illinois makes this a condition of the affidavit: no unpaid or contested claims, apart from funeral expenses. Under the FTC's guidance, a debt collector can discuss the dead person's debts only with certain people, such as the spouse, executor or lawyer. You can also ask in writing for a collector to stop contacting you.

When a small estate shortcut won't work

The affidavit route usually fails in these situations:

• The estate is over the limit. That includes assets found after you start.
• There is real estate in the person's sole name. Many states need a court process or a different petition for land and houses. See our guide to selling a house after a death for what happens then.
• Heirs disagree, or someone may contest the will. A sworn statement doesn't settle a dispute.
• Debts are unpaid or claims are contested. Illinois rules out the affidavit if there are unpaid or contested claims other than funeral expenses.
• A bank or other holder refuses the affidavit. Some ask for court letters anyway. A short court case may then be easier.

Don't split up the assets or leave items off the affidavit to stay under the limit. Because the affidavit is signed under oath, an inaccurate one can cause legal trouble. If it's close, ask a probate attorney or your court's self-help center.

What to do next

1. Write down everything the person owned in their own name, then mark which items have a beneficiary or joint owner.
2. Add up the rest at date-of-death value and compare the total to your state's limit on its court website.
3. Note the waiting period and get the right form.
4. If you want to know more about cost and time, see probate fees and costs and how long probate takes.