Small Estate Limits by State (2026): Affidavit Thresholds for All 50 States, With Statutes
This page lists the small estate limit for all 50 states and the District of Columbia: the dollar ceiling, whether real property is covered, the waiting period after death, and the statute. It holds 51 rows and every figure is traced to the statute text or to the state agency that publishes the adjusted number. Each row links to the state’s official code site. We review it quarterly and whenever a state amends its law.
Cite this page: Ridley Law, “Small Estate Limits by State (2026): Affidavit Thresholds for All 50 States, With Statutes,” ridleylawoffices.com/small-estate-limits-by-state/, October 2026.
What is the small estate limit in California?
California’s small estate affidavit limit is $208,850 for deaths on or after April 1, 2025, according to the Judicial Council of California’s table of adjusted amounts under Probate Code section 890 (2025).
The limit comes from Prob. Code, § 13100, which states a base of $166,250 and has the Judicial Council adjust it every three years. The successor has to wait 40 days after the death. A primary residence worth up to $750,000 passes by a separate court petition under § 13151, and that residence doesn’t count toward the $208,850. For deaths from April 1, 2022 through March 31, 2025, the limit was $184,500. Our guide to the California small estate affidavit covers the forms and the steps, and the California small estates law guide covers the rest of the shortcuts. Other year-sensitive California thresholds are on our 2026 California estate law changes page. Source: Judicial Council of California, Maximum Amounts for Determining Eligibility for Summary Succession Procedures (2025).
Which states have the highest small estate limits?
Wyoming has the highest small estate affidavit limit at $400,000, followed by California at $208,850 and Arizona at $200,000 (state statutes, 2026).
The chart ranks the flat dollar ceilings for affidavit procedures that apply to any successor. Ten states tie at $100,000 and fill the rest of the top 15. Court-supervised small estate proceedings, such as Oklahoma at $200,000 and Florida at $150,000, are in the table below but not in the chart, and so are limits that depend on who the claimant is, such as Nevada’s $150,000 for a surviving spouse. Source: Wyo. Stat. Ann. § 2-1-201 (Wyoming Legislature).
| Rank | State | Small estate affidavit limit | Statute |
|---|---|---|---|
| 1 | Wyoming | $400,000 | Wyo. Stat. Ann. § 2-1-201 |
| 2 | California | $208,850 | Cal. Prob. Code §§ 13100, 13151, 890 |
| 3 | Arizona | $200,000 | Ariz. Rev. Stat. § 14-3971 |
| 4 | Illinois | $150,000 | 755 ILCS 5/25-1 |
| 5 | Louisiana | $125,000 | La. Code Civ. Proc. arts. 3421, 3431, 3432 |
| 6 | Arkansas | $100,000 | Ark. Code Ann. § 28-41-101 |
| 6 | Hawaii | $100,000 | Haw. Rev. Stat. § 560:3-1201 |
| 6 | Idaho | $100,000 | Idaho Code § 15-3-1201 |
| 6 | Indiana | $100,000 | Ind. Code § 29-1-8-1 |
| 6 | Montana | $100,000 | Mont. Code Ann. § 72-3-1101 |
| 6 | Nebraska | $100,000 | Neb. Rev. Stat. § 30-24,125 |
| 6 | North Dakota | $100,000 | N.D. Cent. Code § 30.1-23-01 |
| 6 | South Dakota | $100,000 | S.D. Codified Laws § 29A-3-1201 |
| 6 | Utah | $100,000 | Utah Code § 75-3-1201 |
| 6 | Washington | $100,000 | Wash. Rev. Code § 11.62.010 |
How long do you have to wait to use a small estate affidavit?
The most common waiting period is 30 days after death, which 21 jurisdictions require, while California requires 40 days and Virginia requires 60 days (state statutes, 2026).
Michigan sets 28 days. Arkansas, Indiana and Tennessee set 45 days. Colorado has the shortest period at 10 days. Seventeen jurisdictions state no waiting period in the section we checked, which usually means a court procedure or a statute that keeps the period in another section, so check the court’s own rules before you file. Alabama, Connecticut and West Virginia tie the 30 days to a court step or to who is signing, and the table says how. Source: Va. Code Ann. § 64.2-601 (Virginia General Assembly).
Does a small estate affidavit cover real estate?
In most states the small estate affidavit moves personal property only, and 11 jurisdictions in the table have a procedure that covers real property: Arkansas, District of Columbia, Florida, Georgia, Louisiana, Maryland, Missouri, New Jersey, Oklahoma, Oregon and Wisconsin (state statutes, 2026).
Arizona has a separate court-filed affidavit for real property up to $300,000 after six months, and Oregon sets its own $200,000 limit for real property. California handles a primary residence by petition, not by affidavit. Our table of California small estate limits against home values by county shows where that petition still works. Source: Ariz. Rev. Stat. § 14-3971 (Arizona Legislature).
Which states changed their small estate limits recently?
Michigan raised its small estate base from $15,000 to $50,000 in 2024 Public Act 1, and the figure is $53,000 for deaths in 2026 (Michigan Legislature and Michigan Department of Treasury, 2026).
Maine, Colorado, Michigan and Alabama index the limit to inflation outside California’s three-year cycle. Maine’s figure is $52,500 for deaths in 2026 (Maine Probate Courts), Colorado’s is $88,000 for deaths in 2026, twice its $44,000 exempt property amount (Colorado Department of Revenue, January 2026), Michigan’s is $53,000, and Alabama’s is $47,000 today, the sum of three Treasurer amounts shown in the table, and becomes $51,175 for claims on or after April 1, 2027 (Alabama State Treasurer, 2026). Florida amended its summary administration section in 2026 (chapter 2026-57), and the District of Columbia amended its small estate section in 2025 (D.C. Law 25-302). For other state-by-state thresholds, see our tables of executor fees by state and estate and inheritance tax by state. Source: Michigan Department of Treasury, Estates and Other Protected Individuals notice (2026).
Small estate limits, state by state
The limit column shows the figure for a death in 2026 unless it says otherwise. Where a state adjusts the figure for inflation, the cell gives the published adjusted amount. “None stated” means the section we checked doesn’t set a waiting period.
| State | Limit | Real property | Waiting period after death | Route | Statute |
|---|---|---|---|---|---|
| Alabama | $47,000 (homestead $18,800 plus exempt property $9,400 plus family allowance $18,800, for claims on or after April 1, 2024, rising to $51,175 from April 1, 2027) | Excluded. The decedent must own no real property | 30 days after notice is published and after the Medicaid agency receives notice | Court petition for summary distribution | Ala. Code §§ 43-2-691, 43-2-692, 43-8-116 |
| Alaska | $50,000 personal property, plus vehicles up to $100,000 | Excluded. The estate must consist only of vehicles and personal property | 30 days | Affidavit to the holder | Alaska Stat. § 13.16.680 |
| Arizona | $200,000 personal property and $300,000 real property | Separate affidavit for real property up to $300,000, filed in court | 30 days for personal property and 6 months for real property | Affidavit for personal property, court-filed affidavit for real property | Ariz. Rev. Stat. § 14-3971 |
| Arkansas | $100,000, excluding the homestead and statutory allowances | Included. The affidavit lists real property | 45 days | Affidavit filed with the probate clerk | Ark. Code Ann. § 28-41-101 |
| California | $208,850 personal property for deaths on or after April 1, 2025, and $750,000 for a primary residence by petition | Counted toward the limit. The affidavit moves personal property only. A primary residence up to $750,000 passes by separate court petition (§ 13151) | 40 days | Affidavit to the holder, with a court petition for the residence | Cal. Prob. Code §§ 13100, 13151, 890 |
| Colorado | $88,000 for deaths in 2026 (twice the $44,000 indexed exempt property amount) | Counted toward the limit. The affidavit moves personal property only | 10 days | Affidavit to the holder | Colo. Rev. Stat. §§ 15-12-1201, 15-11-403, 15-10-112 |
| Connecticut | $40,000 | Excluded. The decedent can have no solely owned real property in Connecticut | 30 days after the court sends a copy to the state before it issues a decree | Affidavit filed in probate court | Conn. Gen. Stat. § 45a-273 |
| Delaware | $50,000 personal estate | Excluded. The decedent can own no Delaware real estate | 30 days | Affidavit to the holder | Del. Code tit. 12, § 2306 |
| District of Columbia | $80,000 | Included. Covers property subject to administration | None stated in § 20-351 | Court petition (small estate proceeding) | D.C. Code § 20-351 |
| Florida | $150,000, or the decedent has been dead more than 2 years | Included. Covers the entire estate subject to administration | None stated | Court petition (summary administration) | Fla. Stat. § 735.201 |
| Georgia | No dollar limit for a court order that no administration is necessary (intestate, no debts, all heirs agree), and $15,000 for bank deposits by affidavit | Included in the court order. The bank affidavit covers deposits only | None stated | Court order (§ 53-2-40) or bank affidavit (§ 7-1-239) | O.C.G.A. §§ 53-2-40, 7-1-239 |
| Hawaii | $100,000 | Counted toward the limit. The affidavit moves personal property only | None stated | Affidavit to the holder | Haw. Rev. Stat. § 560:3-1201 |
| Idaho | $100,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | Idaho Code § 15-3-1201 |
| Illinois | $150,000 personal estate, plus registered vehicles of any value | Excluded. Covers the personal estate only | None stated | Affidavit to the holder | 755 ILCS 5/25-1 |
| Indiana | $100,000 for deaths after June 30, 2022 | Counted toward the limit. The affidavit moves personal property only | 45 days | Affidavit to the holder | Ind. Code § 29-1-8-1 |
| Iowa | $50,000 personal property | Excluded. For deaths on or after January 1, 2025 the decedent can have no real property | 40 days | Affidavit to the holder | Iowa Code § 633.356 |
| Kansas | $75,000 | Counted toward the limit. The affidavit moves personal property only | None stated | Affidavit to the holder | Kan. Stat. Ann. § 59-1507b |
| Kentucky | $30,000 exemption. A court may dispense with administration when it equals or exceeds the probatable assets | Not addressed. The exemption covers personal property and money | None stated | Court order | Ky. Rev. Stat. §§ 395.455, 391.030 |
| Louisiana | $125,000 | Included. Covers immovable property | None stated | Affidavit for small succession | La. Code Civ. Proc. arts. 3421, 3431, 3432 |
| Maine | $52,500 for deaths in 2026 ($40,000 base, adjusted for inflation each year) | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | Me. Rev. Stat. tit. 18-C, § 3-1201 |
| Maryland | $50,000 ($100,000 if the surviving spouse is the sole heir or legatee) | Included. Covers property subject to administration | None stated in § 5-601 | Court petition (small estate procedure) | Md. Code, Est. & Trusts § 5-601 |
| Massachusetts | $25,000 (plus a motor vehicle) | Excluded. The estate must consist entirely of personal property | 30 days | Statement filed with the probate court | Mass. Gen. Laws ch. 190B, § 3-1201 |
| Michigan | $53,000 for deaths in 2026 ($50,000 base, adjusted for inflation) | Excluded. The estate can include no real property | 28 days | Sworn statement to the holder | Mich. Comp. Laws § 700.3983 |
| Minnesota | $75,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | Minn. Stat. § 524.3-1201 |
| Mississippi | $75,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | Miss. Code Ann. § 91-7-322 |
| Missouri | $40,000 | Included. Distributees are entitled to real property | 30 days | Affidavit filed with the probate clerk, with a bond unless waived | Mo. Rev. Stat. § 473.097 |
| Montana | $100,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | Mont. Code Ann. § 72-3-1101 |
| Nebraska | $100,000 personal property | Excluded. Covers personal property only | 30 days | Affidavit to the holder | Neb. Rev. Stat. § 30-24,125 |
| Nevada | $25,000, or $150,000 if the claimant is the surviving spouse | Excluded. The decedent can leave no real property | 40 days | Affidavit to the holder | Nev. Rev. Stat. § 146.080 |
| New Hampshire | No dollar-limit affidavit route. The old voluntary administration statute (RSA 553:31) was repealed effective January 1, 2006. Waiver of administration under RSA 553:32 has no dollar limit. | Not addressed | Closing affidavit filed 6 to 12 months after appointment | Waiver of administration (court) | N.H. Rev. Stat. Ann. § 553:32 |
| New Jersey | $50,000, intestate estates, surviving spouse or partner only | Included. Covers real and personal assets | None stated | Affidavit before the county surrogate | N.J. Stat. Ann. § 3B:10-3 |
| New Mexico | $50,000 | Counted toward the limit. The affidavit can’t be used to perfect title to real estate | 30 days | Affidavit to the holder | N.M. Stat. Ann. § 45-3-1201 |
| New York | $50,000 personal property, excluding property set off under EPTL 5-3.1 | Excluded. Article 13 doesn’t apply to real property | None stated in § 1301 | Voluntary administration (Surrogate’s Court) | N.Y. Surr. Ct. Proc. Act §§ 1301, 1302 |
| North Carolina | $20,000 personal property ($30,000 if the affiant is the surviving spouse and sole heir), intestate estates only | Excluded. Covers personal property only | 30 days | Affidavit filed with the clerk of superior court | N.C. Gen. Stat. § 28A-25-1 |
| North Dakota | $100,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | N.D. Cent. Code § 30.1-23-01 |
| Ohio | $35,000 ($100,000 if the surviving spouse takes everything) | Counted as an estate asset | None stated | Court order releasing the estate from administration | Ohio Rev. Code § 2113.03 |
| Oklahoma | $200,000 for summary administration (a separate simplified proceeding applies at $150,000) | Included. The petition lists real property | None stated | Court petition (summary administration) | Okla. Stat. tit. 58, §§ 245, 241 |
| Oregon | $75,000 personal property and $200,000 real property and manufactured homes | Included, under its own $200,000 limit | 30 days | Simple estate affidavit filed with the probate clerk | Or. Rev. Stat. §§ 114.510, 114.515 |
| Pennsylvania | $50,000, not counting real estate | Excluded. The court can distribute personal property even if the decedent owned real estate | None stated | Court petition (orphans’ court) | 20 Pa. Cons. Stat. § 3102 |
| Rhode Island | $15,000 | Excluded. The estate must consist entirely of personal property | 30 days | Statement filed with the probate court | R.I. Gen. Laws § 33-24-1 |
| South Carolina | $45,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit approved by the probate judge | S.C. Code Ann. § 62-3-1201 |
| South Dakota | $100,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | S.D. Codified Laws § 29A-3-1201 |
| Tennessee | $50,000 personal property | Excluded. Covers personal property only | 45 days | Affidavit filed with the court clerk | Tenn. Code Ann. §§ 30-4-102, 30-4-103 |
| Texas | $75,000, excluding homestead and exempt property, intestate estates only | Counted toward the limit, except homestead and exempt property | 30 days | Affidavit filed with the court, approved by the judge | Tex. Est. Code §§ 205.001, 205.002 |
| Utah | $100,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit to the holder | Utah Code § 75-3-1201 |
| Vermont | $45,000, estates consisting entirely of personal property | Excluded. The estate must consist entirely of personal property | None stated | Court petition (small estate) | Vt. Stat. Ann. tit. 14, § 1901 |
| Virginia | $75,000 personal probate estate | Excluded. Covers the personal probate estate only | 60 days | Affidavit to the holder | Va. Code Ann. § 64.2-601 |
| Washington | $100,000 | Counted toward the limit. The affidavit moves personal property only | 40 days | Affidavit to the holder | Wash. Rev. Code § 11.62.010 |
| West Virginia | $50,000 personal property (a small estate also needs real property of $100,000 or less) | Excluded. The affidavit route requires no probate real property | 30 days if the affiant is nominated as personal representative in the will, 60 days otherwise | Affidavit recorded with the county commission clerk | W. Va. Code §§ 44-1A-1, 44-1A-2 |
| Wisconsin | $50,000 | Included. 30 days’ notice is required before recording an affidavit that describes real property | None after death. See real property | Affidavit to the holder | Wis. Stat. § 867.03 |
| Wyoming | $400,000 | Counted toward the limit. The affidavit moves personal property only | 30 days | Affidavit filed with the clerk | Wyo. Stat. Ann. § 2-1-201 |
What this means in California
California has the second-highest affidavit limit in the table, behind Wyoming. The $208,850 figure covers personal property such as bank accounts and vehicles. Real property needs the separate residence petition under section 13151 (up to $750,000, primary residence only) or a formal probate. Nevada, North Carolina, Maryland and Ohio raise the ceiling when a surviving spouse is the successor, but California applies one limit to every successor. Whether a shortcut works for a given estate depends on the date of death, the asset mix and how title is held. Our small estate playbook walks through that choice.
Related pages on this site
- California Small Estate Affidavit 2026: Thresholds, Forms, and the Full Process
- Complete Guide to California Small Estates Law
- California Small Estate Limits vs. Home Values by County (2026): Where the Shortcuts Still Work
- The Small Estate Playbook
- Executor Fees by State (2026): How 45 States and DC Pay an Executor, With Statutes
- Estate and Inheritance Tax by State (2026): Exemptions, Rates, and Statutes
- California Estate Planning Numbers 2026: Probate, Estate Tax, and Medi-Cal Limits
- Small Estate Affidavit: Definition and How It Works in California
Methodology
Each row was checked on October 7, 2026 against the statute text on the state’s legislature or code site; secondary summaries, including law firm and legal publisher sites, were used only to find statutes and never as sources. California’s figure comes from the Judicial Council’s adjusted-amounts table. Where a state publishes an adjusted dollar amount outside the code, the row uses that agency’s table: the Alabama State Treasurer, the Colorado Department of Revenue (read from an archived copy of its January 2026 file because the department’s site blocks automated downloads), the Maine Probate Courts and the Michigan Department of Treasury. For Alabama, the $47,000 is our sum of the Treasurer’s published homestead ($18,800), exempt property ($9,400) and family allowance ($18,800) amounts. The legislature sites for Alabama, Arkansas, California, Colorado, Georgia, Hawaii, Indiana, Kentucky, Massachusetts, Mississippi, New Jersey, New Mexico, New York, Oklahoma, Pennsylvania, Tennessee, Texas, Utah and Vermont blocked automated reads, so for those states we confirmed the statute text in the DingDuff statute database. The links for Arkansas, Georgia, Indiana, Kentucky, Mississippi, New Jersey, New Mexico, Oklahoma and Tennessee go to the state’s official code site, because the section itself had no stable page we could reach. “Limit” means the flat dollar ceiling for the general successor, and relationship-based ceilings are named in the cell. Court-supervised small estate procedures are listed where a state has no affidavit with a dollar ceiling for the same job. We found no dollar-ceiling affidavit in New Hampshire or Georgia, and Kentucky uses a court order tied to a spousal exemption. The figure that applies is the one in effect on the date of death. This page is general information, not legal advice. The next review is January 2027. To report an error, email eric@ridleylawoffices.com.
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