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What is a Small Estate Affidavit & the limits for each state?

Small Estate Affidavit Definition

A Small Estate Affidavit is a legal document that allows for the transfer of assets from a deceased individual without the need to go through a formal probate process. It’s a simpler, more streamlined method designed for estates that fall below a certain value and meet specific criteria.

When it applies varies from state to state, as each has its own definition of what constitutes a “small estate” and its own requirements. However, the following general points typically determine its applicability:

  1. Value of the Estate: Most states have a maximum value for which an estate can qualify as “small.” This value can range widely and only accounts for assets that would typically go through probate (i.e., excluding non-probate assets like those held in a living trust, life insurance proceeds, retirement accounts, and other assets with designated beneficiaries).
  2. Types of Assets: Some states limit the use of a Small Estate Affidavit to specific kinds of property, such as personal property, and exclude real estate.
  3. Waiting Period: Often, there’s a required waiting period after the death before the affidavit can be used, ensuring that no probate proceedings are underway.
  4. Heirs and Debt: The affidavit usually requires that all the estate’s debts, including funeral and burial expenses, have been paid or will be paid shortly. Also, it often lists all heirs and their relationship to the deceased.
  5. No Will or Will Provisions: Depending on the state, a Small Estate Affidavit may be available only if the deceased died intestate (without a will) or if the will contains provisions for such a process.

Using a Small Estate Affidavit can be a significant advantage when dealing with modest estates, as it expedites the asset transfer process and avoids the time and expenses associated with traditional probate. However, it’s essential to consult with legal counsel familiar with the specific regulations and limits of the state in question to ensure that it’s the right option for a given situation.

Small Estate Affidavit Limits by State

  • Alabama Small Estate Affidavit Limit – $25,000
  • Alaska Small Estate Affidavit Limit – $150,000
  • Arizona Small Estate Affidavit Limit – $75,000
  • Arkansas Small Estate Affidavit Limit – $100,000
  • California Small Estate Affidavit Limit – $184,500
  • Colorado Small Estate Affidavit Limit – $66,000
  • Connecticut Small Estate Affidavit Limit – $40,000
  • Delaware Small Estate Affidavit Limit – $30,000
  • District of Columbia Small Estate Affidavit Limit – $40,000
  • Florida Small Estate Affidavit Limit – $75,000
  • Georgia Small Estate Affidavit Limit – $10,000
  • Hawaii Small Estate Affidavit Limit – $100,000
  • Idaho Small Estate Affidavit Limit – $100,000
  • Illinois Small Estate Affidavit Limit – $100,000
  • Indiana Small Estate Affidavit Limit – $50,000
  • Iowa Small Estate Affidavit Limit – $100,000
  • Kansas Small Estate Affidavit Limit – $40,000
  • Kentucky Small Estate Affidavit Limit – $15,000
  • Louisiana Small Estate Affidavit Limit – $75,000
  • Maine Small Estate Affidavit Limit – $20,000
  • Maryland Small Estate Affidavit Limit – $50,000 – $100,000
  • Massachusetts Small Estate Affidavit Limit – $25,000
  • Michigan Small Estate Affidavit Limit – $21,000
  • Minnesota Small Estate Affidavit Limit – $50,000
  • Mississippi Small Estate Affidavit Limit – $50,000
  • Missouri Small Estate Affidavit Limit – $40,000
  • Montana Small Estate Affidavit Limit – $50,000
  • Nebraska Small Estate Affidavit Limit – $50,000
  • Nevada Small Estate Affidavit Limit – $25,000 – $100,000
  • New Hampshire Small Estate Affidavit Limit – $10,000
  • New Jersey Small Estate Affidavit Limit – $50,000
  • New Mexico Small Estate Affidavit Limit – $50,000
  • New York Small Estate Affidavit Limit – $30,000
  • North Carolina Small Estate Affidavit Limit – $30,000
  • North Dakota Small Estate Affidavit Limit – $50,000
  • Ohio Small Estate Affidavit Limit – $100,000
  • Oklahoma Small Estate Affidavit Limit – $50,000
  • Oregon Small Estate Affidavit Limit – $275,000
  • Pennsylvania Small Estate Affidavit Limit – $50,000
  • Rhode Island Small Estate Affidavit Limit – $15,000
  • South Carolina Small Estate Affidavit Limit – $25,000
  • South Dakota Small Estate Affidavit Limit – $50,000
  • Tennessee Small Estate Affidavit Limit – $25,000
  • Texas Small Estate Affidavit Limit – $75,000
  • Utah Small Estate Affidavit Limit – $100,000
  • Vermont Small Estate Affidavit Limit – $10,000
  • Virginia Small Estate Affidavit Limit – $50,000
  • Washington Small Estate Affidavit Limit – $100,000
  • West Virginia Small Estate Affidavit Limit – $100,000
  • Wisconsin Small Estate Affidavit Limit – $50,000
  • Wyoming Small Estate Affidavit Limit – $200,000
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