Determine Eligibility for Small Estate Affidavit

The Small Estate Affidavit is an outstanding tool for executors settling smaller estates. The Small Estate Affidavit can prevent the need to file the will in probate court. This will greatly simplify the estate settlement process. Depending on which state the deceased lived in, estate assets can range in value from $10,000 to $275,000 and be eligible to use a Small Estate Affidavit. Please see below for forms and individual state guidelines.

IMPORTANT: The dollar limit in some states is broken down by property type. For example, a state may allow for a Small Estate Affidavit total of $100,000 in assets – $50,000 of which can be in real property (real estate) and $50,000 of which can be personal property. You’ll need to click on your state below or speak with an estate attorney in the state where the estate is being settled for details and clarification.