Small estate affidavit limits by state
Every state sets its own dollar ceiling, its own waiting period, and its own answer to whether a house can pass this way. Pick your state for the full rules and the statute behind them.
Check if you qualify| State | Limit | Wait after death | Court filing | Real property |
|---|---|---|---|---|
| Alabama | $47,000 | None | Required | Court required |
| Alaska | $150,000 | 30 days | Not required | Court required |
| Arizona | $200,000 | 30 days | Not required | Included |
| Arkansas | $100,000 | 45 days | Required | Included |
| California | $208,850 | 40 days | Not required | Court required |
| Colorado | $88,000 | 10 days | Not required | Court required |
| Connecticut | $40,000 | 30 days | Required | Court required |
| Delaware | $50,000 | 30 days | Optional | Court required |
| District of Columbia | $40,000 | 60 days | Not required | Court required |
| Florida | $20,000 | 365 days | Required | Court required |
| Georgia | $15,000 | None | Not required | Court required |
| Hawaii | $100,000 | None | Not required | Court required |
| Idaho | $100,000 | 30 days | Not required | Court required |
| Illinois | $150,000 | None | Not required | Court required |
| Indiana | $100,000 | 45 days | Not required | Court required |
| Iowa | $100,000 | 40 days | Not required | Court required |
| Kansas | $75,000 | None | Not required | Court required |
| Kentucky | $30,000 | None | Required | Court required |
| Louisiana | $125,000 | None | Not required | Included |
| Maine | $52,500 | 30 days | Not required | Court required |
| Maryland | $50,000 | None | Required | Included |
| Massachusetts | $25,000 | 30 days | Required | Court required |
| Michigan | $53,000 | 28 days | Not required | Court required |
| Minnesota | $75,000 | 30 days | Not required | Court required |
| Mississippi | $75,000 | 30 days | Not required | Court required |
| Missouri | $40,000 | 30 days | Required | Included |
| Montana | $100,000 | 30 days | Not required | Court required |
| Nebraska | $100,000 | 30 days | Not required | Court required |
| Nevada | $25,000 | 40 days | Optional | Court required |
| New Hampshire | No flat limit | None | Required | Court required |
| New Jersey | $50,000 | None | Required | Included |
| New Mexico | $50,000 | 30 days | Not required | Court required |
| New York | $50,000 | None | Required | Court required |
| North Carolina | $20,000 | 30 days | Required | Court required |
| North Dakota | $100,000 | 30 days | Not required | Court required |
| Ohio | $35,000 | None | Required | Included |
| Oklahoma | $50,000 | 10 days | Not required | Court required |
| Oregon | $75,000 | 30 days | Required | Included |
| Pennsylvania | $50,000 | None | Optional | Court required |
| Rhode Island | $15,000 | 30 days | Required | Court required |
| South Carolina | $45,000 | 30 days | Required | Court required |
| South Dakota | $100,000 | 30 days | Not required | Court required |
| Tennessee | $50,000 | 45 days | Required | Court required |
| Texas | $75,000 | 30 days | Required | Included |
| Utah | $100,000 | 30 days | Not required | Court required |
| Vermont | $45,000 | None | Required | Court required |
| Virginia | $75,000 | 60 days | Not required | Court required |
| Washington | $100,000 | 40 days | Not required | Court required |
| West Virginia | $50,000 | 60 days | Required | Court required |
| Wisconsin | $50,000 | None | Not required | Included |
| Wyoming | $400,000 | 30 days | Not required | Court required |
Figures are the ones in force on each state’s page as of its last verification date. Thresholds change, always confirm on the state page before you sign.
Not sure which of these applies to you?
The eligibility check compares your situation against your state’s statute and gives you a straight answer in two minutes.
Check if you qualify