What Is a Small Estate Affidavit?

A small estate affidavit is a legal document that may allow heirs to collect certain assets from a deceased person’s estate without going through the full probate process. Whether you can use one depends on state law, including the estate’s value, the types of assets involved and how much time has passed since the death. When an estate qualifies, a small estate affidavit can potentially reduce the time, expense and court involvement required to transfer property to heirs.

A financial advisor can help you incorporate your property, beneficiary designations and other assets into a broader estate plan.

Small Estate Affidavit Basics

A small estate affidavit is a sworn legal document a person can use to assert a claim to assets from the estate of someone who has died. This can avoid the potentially lengthy and costly probate process. Generally, only family members such as spouses, children, parents, partners or named executors of an estate can use small estate affidavits.

Small estate affidavits are allowed in many but not all states, and rules vary widely. Different jurisdictions may also call them by different names, such as affidavits for collection of personal property or affidavits in lieu of administration.

Standards for small estate value represent one major area of difference. Some states consider an estate small enough for this process only if the value of its assets is less than $10,000. Others have limits that are significantly higher, such as California and Oregon, which have $184,500 and $275,000 limits, respectively.

Most states also require a waiting period after the death before the small estate affidavit can be employed. This varies but is typically about two months.

Another restriction on small estate affidavits is that probate cannot already have begun. Some states also allow small estate affidavits only if there is no will.

Only certain assets count toward setting an estate’s value. These are generally personal items, such as clothing and furniture, as well as bank and brokerage accounts. Assets exempt from probate, such as bank accounts or insurance policies with named beneficiaries, are not included in the small estate value calculation. Jointly owned assets are also left. Any debts owed by the estate are considered and will reduce the value of the estate.

The small estate affidavit normally does not need to be filed with the court. Instead, the affiant – the person who swears the affidavit is true and he or she is entitled to the assets – presents it to the bank, brokerage or other holder of the asset. If the asset holder approves it, the assets will be released to the affiant. A small estate affidavit may also be presented to a state agency, such as motor vehicle division.

There are usually few or no fees to pay when using a small estate affidavit. Court fees, if any, are usually nominal. A notary, often required to validate the signatures on the affidavit, typically costs $20 or less.

A small estate affidavit can be downloaded from the website of the county court where the death occurred. Financial institutions and state agencies such as motor vehicle departments also have them. Affiants can even create their own affidavits.

Small Estate Affidavit Requirements at a Glance

The requirements for using a small estate affidavit vary by state, so heirs should check the rules that apply where the deceased person lived or owned property. Common requirements can include staying below a state-specific estate value limit, waiting a certain period after death and showing that the person signing the affidavit is legally entitled to the assets.

The table below summarizes some of the factors that commonly determine whether a small estate affidavit can be used.

Requirement	What It Generally Means
Estate value limit	The value of the qualifying estate must generally fall below the maximum amount allowed under state law
Waiting period	Some states require heirs to wait a set number of days after the death before using an affidavit
Eligible claimant	The person using the affidavit generally must be an heir, beneficiary, surviving spouse or another person authorized under state law
Probate status	A small estate affidavit may be unavailable if a formal probate proceeding has already begun, depending on state law
Qualifying assets	Rules can limit which assets may be collected, such as bank accounts, vehicles, securities or other personal property
Real estate	Many states restrict or prohibit using a small estate affidavit to transfer real property, although some provide separate simplified procedures
Proof of death	A certified copy of the death certificate is commonly required
Proof of entitlement	The claimant may need to provide a will, heirship information or other evidence showing a legal right to the assets
Notarization	The affidavit may need to be signed under oath and notarized
Court filing	Some states allow the affidavit to be presented directly to an asset holder, while others may require filing or approval through a court

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What Is Summary Administration?

A couple reviewing the requirements for a small estate affidavit.

Summary administration is a shortcut to the often lengthy and usually expensive process of administering an estate through probate. It is the form of estate settlement that uses small estate affidavits. Some states require that a petition to employ summary administration in settling an estate be submitted to the court before the small estate affidavit can be used.

Summary administration can be completed in a week or a month, rather than taking months or years as probate can. However, there is usually a waiting period that must be finished before summary administration can begin.

What’s Included in a Small Estate Affidavit?

Most people can fill out a small estate affidavit without an attorney’s help. The form usually needs to state the following:

The value of the estate
The completion of the required waiting period
The affiant’s right to the assets
That probate has not been initiated

Various attachments may also need to be included, such as:

Bank statements, vehicle titles or other proof that the decedent owned the assets
Details such as statements establishing the extent of any debts or claims against the estate
Death certificate
Identification papers such as a driver’s license or passport for the affiant
Proof such as a will that the affiant is entitled to the assets
A list of heirs such as offspring or spouses, with their signatures agreeing to the use of the small estate affidavit

The affidavit may also need to be notarized.

Pros of Small Estate Affidavit

Small estate affidavits offer some notable benefits, including:

Reduced time to administer the estate
Less cost compared to probate

Small estate affidavits can be very helpful when a person dies intestate, that is, without a will.

Con of Small Estate Affidavit

Small estate affidavits are not available in all states. Other limits and drawbacks include:

The affidavit signer is agreeing to be personally liable for up to the estate’s value, in case a creditor demands payment of a debt.
Small estate affidavits can’t be used to transfer real estate in most states.

Using a small estate affidavit can require some time and energy. For instance, the affiant is usually required to notify other heirs and interested parties, such as creditors, and get their consent to use the streamlined administration process.

Bottom Line

A small estate affidavit can provide a simpler way to transfer certain assets after someone dies when the estate meets the requirements established by state law. Eligibility can depend on the estate’s value, the assets being transferred, applicable waiting periods and whether another probate proceeding has begun. Rules also vary considerably from one state to another, including whether real estate can be transferred through a simplified procedure. Before using an affidavit, heirs should verify their state’s current requirements and understand any responsibilities they assume for estate debts or competing claims.

Estate Planning Tips

A financial advisor can provide expert assistance with estate planning. SmartAsset’s free tool matches you with financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
For larger estates, a trust can be used to avoid having to go through probate. Setting up a trust requires forethought and some expense. However, assets placed in a trust go directly to the named beneficiaries without the delay and expense of probate.