Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
It's a small estate
Most states offer simplified procedures for estates under a certain dollar threshold. These can save months and thousands of dollars compared to full probate — but only if you actually qualify and follow the right process.
The threshold and how it's calculated
Every state defines this differently, but the basic idea is consistent across the country.
Generally
Most states define a 'small estate' as one whose probate assets fall under a specific dollar threshold — often somewhere between $50,000 and $200,000, though it varies substantially by state and is sometimes higher for surviving spouses.
Probate assets only
The threshold counts only probate assets. Things that pass outside probate — joint property, beneficiary-designation accounts, trust assets — don't count toward the limit.
Real estate often excluded
Many states' small-estate procedures don't apply to real estate, or treat it differently. Even modest homes in expensive markets often push estates above the threshold.
Check your specific state. The thresholds change periodically, and the procedures vary widely. Your county probate court website is usually the authoritative source. Search "[your state] small estate affidavit threshold."
Three simplified paths, depending on the situation
Small estate affidavit
After a waiting period (often 30-45 days from death), an heir signs a sworn affidavit listing the estate's assets and identifying themselves as entitled to receive them. The affidavit is presented to whoever holds the asset (bank, brokerage), who releases it.
Best for
Bank accounts, brokerage accounts, vehicles, and tangible personal property where there's no real dispute.
Typical cost
$0–$300
Typical timeline
30–60 days
Summary administration
A simplified court process — fewer hearings, less paperwork, faster than full probate. Usually requires a petition to the court, but the court may waive most of the formal probate steps.
Best for
Estates that need court involvement (real estate transfer, contested matters) but where complexity is low.
Typical cost
$500–$2,500
Typical timeline
60–120 days
Transfer by affidavit (real estate)
A few states allow real estate to transfer via affidavit if the estate is small enough. Most don't.
Best for
Real estate in small-estate-friendly states where it's allowed.
Typical cost
$100–$500
Typical timeline
30–90 days
Documents and information to gather
Death certificate (certified copy)
Order multiple — most institutions want originals.
Decedent's last known address and date of death
Determines which county/state has jurisdiction.
Inventory of estate assets
Bank accounts, brokerage, vehicles, personal property of value. Approximate values.
List of known debts
Most small-estate procedures still require addressing debts before distribution.
Information about other heirs
Other heirs typically must consent or be notified.
Will if one exists
Even small-estate procedures usually require submitting any existing will, even if probate is otherwise simplified.
Tax ID for the estate
May be needed for accounts with any income — apply for an EIN at irs.gov.
Four situations where small-estate procedures backfire
Don't use small-estate procedure if there's a will contest brewing
If anyone might challenge the will, formal probate offers procedural protections that a small-estate affidavit doesn't.
Don't use it if you're uncertain about debts
Small-estate procedures often skip the formal creditor-notification step. If significant debts surface later, the heir who took assets may be personally liable.
Don't use it for real estate (in most states)
Most states require formal title transfer for real property. Check your state — a few allow it, most don't.
Don't use it across states
Small-estate procedures are state-specific. If the deceased owned property in another state, ancillary probate there usually still applies.
What to do this week
- • Add up the probate-only assets (excluding jointly-owned property and beneficiary-designation accounts).
- • Look up your state's small-estate threshold. County probate court website or state bar website.
- • If under the threshold and the estate is uncomplicated, find your state's small-estate affidavit form.
- • Wait the required period after death (often 30-45 days) before filing.
- • If real estate is involved or the estate is contested, consult an attorney instead.
- • Keep meticulous records of what you receive and what you distribute. Even simplified procedures have fiduciary duties.
Read Chapter 13 of the book
The full chapter on probate covers the spectrum from small-estate affidavits to full formal probate, with state-by-state guidance, cost expectations, and the executor's complete checklist. Get the book →
Free resource
Start with the checklist
Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide.
No spam. One email with the checklist, then occasional updates.
Founding 10,000 Members
Free during our launch.
We capped it at 10,000 founding members. Permanent free access. Every family who joins helps us prove this category exists. Join the launch.