Small-estate affidavit
A sworn statement a state allows instead of a full probate case for an estate under its ceiling. What it is called, what it reaches and whether a court is involved differ by state.
What it means
Most states provide a simplified route for an estate below a stated size. In many of them an entitled person signs a sworn statement and presents it to whoever holds the property; in others — Ohio and Florida among them — the simplified route still runs through a court. Read the state before assuming which kind it is.
The form is usually short. The conditions attached to it are the substance, and they are where families come unstuck.
Why it matters
Where it applies it can turn months into an afternoon, and it is often available where a family assumed probate was unavoidable. What it takes is set by the state.
Signing one is a legal act with consequences. It is normally sworn under penalty of perjury, and it usually leaves the person who collects the property accountable to anyone with a better claim.
When you are likely to meet it
- When the estate looks small and the deceased owned things in their own name.
- When a bank or motor vehicle agency mentions an affidavit procedure.
- When somebody says 'you probably do not need probate for this'.
For example
A state allows the procedure where the estate is under a set figure, at least thirty days have passed, and nobody has applied to be appointed anywhere. All three have to be true, not just the first.
Three procedures, often given the same name
Every ranking page treats these as one thing. They have different thresholds, different consequences and different amounts of risk to whoever signs.
| What is being compared | Affidavit, no court | Summary procedure | Full administration |
|---|---|---|---|
| A court is involved | No | Yes, briefly | Yes, throughout |
| Anybody is appointed | No | Sometimes not | Yes |
| Typical trigger | The estate is under a threshold | Larger, or the estate has real property | Above both, or contested |
| Waiting period first | Often, measured from the death | Sometimes | No |
| Real property | Usually excluded | Sometimes included | Included |
| Who signs | The person claiming, under oath | The applicant | Whoever is appointed |
| Creditors | The claimant may become answerable | Usually addressed by the order | Notice and a claim period |
| Typical time | Days | Weeks | Months |
Which of the three a state offers, at what threshold, and what counts toward it are all set by state law. Sahvelo names the route state by state for vehicle transfer.
How the simplified route works
- First The estate is measured against the state's threshold, on the state's own definition of what counts Most states count only property that would have gone through probate, which excludes anything with a surviving joint owner or a named beneficiary.
- Then A waiting period runs from the date of death, before the affidavit may be used at all
- The affidavit is signed The person entitled swears to the facts — the death, the value, their entitlement, and that no appointment has been made It is sworn, and a false statement in it is a false statement made under oath.
- It is presented The institution or agency holding the asset is given the affidavit and a certified death certificate The institution decides whether to accept it; the affidavit is not a court order.
- Afterwards The person who collected the property is answerable to anybody with a better claim to it
The threshold, the waiting period, what counts toward the total and who may sign are all set by state law and vary widely. Sahvelo publishes each state's separately for that reason.
How this varies by state
The threshold, the waiting period, what counts toward the figure, and who may sign are all state-specific — and the differences are large. Several states also apply a separate, lower limit to vehicles.
Below is how the states Sahvelo has published describe it, in their own words, each linked to the guide that sources it.
Alabama
Small estate amount
Alabama's ceiling for summary distribution, defined in section 43-2-691 as the sum of the homestead allowance, the exempt property and the family allowance, adjusted from time to time on the Consumer Price Index formula in section 43-8-116. It is a calculation rather than a printed figure, which is why Sahvelo states the components and not the total.
Primary source (opens in a new tab) Code of Alabama 1975, § 43-2-691
Alaska
Small estate (Alaska Court System sense)
Not a dollar threshold and not the Division's affidavit. A kind of informal probate: the case is opened, the personal representative inventories the estate, and it qualifies if the homestead allowance, family allowance and exempt property, less probate, funeral and last-illness costs, exceed the estate value. It removes the notice to creditors and is closed by a Sworn Statement of Personal Representative Closing Small Estate — a certified copy of which the DMV then requires.
Primary source (opens in a new tab) Alaska Court System — small estates
Arizona
Affidavit of heirship
A sworn written statement, signed by a person with personal knowledge of the decedent's family history, that identifies the heirs under intestate succession and establishes their right to inherit specific Arizona property. Used in Arizona to transfer titled property (including vehicles) outside formal probate when the estate qualifies as a small estate under A.R.S. §14-3971 (cap and conditions described in §14-3971(B)).
Primary source (opens in a new tab) A.R.S. §14-3971, A.R.S. §14-3901
Small estate (A.R.S. §14-3971)
An Arizona estate whose personal property, minus liens and encumbrances, is valued at $200,000 or less ("value" defined in A.R.S. §14-3971(B)(2)(a)). When the estate qualifies, an heir can collect personal property (including a vehicle) by signing an affidavit under §14-3971(B) — no probate court filing required for the property itself. Note: a vehicle's "value" is determined per §14-3971(B)(2)(a). A.R.S. §14-3971 sets no deadline for filing the affidavit — only a 30-day wait after the death before it may be used.
Primary source (opens in a new tab) A.R.S. §14-3971
Affidavit of successor
Under A.R.S. §14-3971(B), an affidavit signed by a person who would be entitled to property of the decedent under intestate succession (or under a will), which when properly recorded or delivered to a third party (such as the AZ MVD) establishes the affiant's right to receive that property without probate. The required contents are set out at A.R.S. §14-3971(B); MVD supplies Form 32-6901 for vehicles.
Primary source (opens in a new tab) A.R.S. §14-3971(B), A.R.S. §14-3971(D)
California
Affidavit for collection of personal property (Probate Code §13100)
A sworn affidavit used in California to collect a decedent's personal property (including a vehicle) without probate, when the gross value of the decedent's estate does not exceed the §13100 cap (currently $208,850, indexed periodically). The affidavit is signed by a successor (heir or devisee) and must include the specific contents required by §13101. The DMV accepts this affidavit under CVC §5910 to transfer a vehicle title.
Primary source (opens in a new tab) Cal. Prob. Code §13100, Cal. Prob. Code §13101, Cal. Veh. Code §5910
Small estate (Probate Code §13100)
A California estate whose gross value (less liens, encumbrances, and certain exempt property) does not exceed the §13100 cap (currently $208,850, adjusted every three years). The §13100 affidavit procedure allows heirs and devisees to collect personal property (including a vehicle) without formal probate. The affidavit must be signed 40 days or more after death and must contain the specific items required by §13101.
Primary source (opens in a new tab) Cal. Prob. Code §13100, Cal. Prob. Code §13101
Hawaii
Affidavit for Collection of Personal Property of the Decedent
City and County of Honolulu form CS-L(MVR)39, used where a vehicle was registered only in the name of the person who died. Sworn on oath, it identifies the claimant as the successor of the decedent, attaches a certified copy of the death certificate, states the entitlement by virtue of HRS section 560:3-1201, describes the vehicle, and confirms that the claimant has read section 560:3-1202 — which is printed on the form in full.
Primary source (opens in a new tab) form CS-L(MVR)39
Idaho
Small Estate Affidavit
Idaho form ITD 3413, drawn from the probate code rather than the motor vehicle code. It asks nothing about a will, identifies the claimant as the successor defined in Idaho Code § 15-1-201(5), and turns on value and time: the estate subject to probate wherever located, less liens and encumbrances, not exceeding $100,000, more than thirty days elapsed, and no personal representative or summary administration pending or granted in any jurisdiction.
Primary source (opens in a new tab) Idaho Code § 15-3-1201, form ITD 3413
Illinois
Small estate affidavit
A sworn statement, on a form furnished by the Secretary of State, that tells an institution or the Secretary of State to hand over the dead person's property to the people named in it — with no court and no appointment. It cannot be used if letters of office are outstanding or are being contemplated. It normally carries a ceiling of $150,000 on the personal estate excluding vehicles, and where it is used solely for the vehicles that ceiling does not apply. The person who signs it takes on personal responsibility for the estate's debts.
Primary source (opens in a new tab) 755 ILCS 5/25-1
Minnesota
Claiming successor
The person who collects a small Minnesota estate by affidavit under § 524.3-1201. They must certify that the entire probate estate at the date of death, wherever located and less liens and encumbrances, is within the ceiling; that thirty days have passed; that no application for a personal representative is pending or granted in any jurisdiction; and that they are entitled to the property. What they collect is not theirs to keep outright — they must disburse to anybody with a superior claim.
Primary source (opens in a new tab) Minn. Stat. § 524.3-1201
Mississippi
Affidavit of Heirship
Mississippi form 78-014, attached to and made a part of the application for assignment of title where the owner dies without a will being probated, no personal representative appointed and no widow's allotment made. It is sworn before a notary, lists all of the kin by name, address, relation and age, carries the odometer certification, and records the desire of the next of kin that the vehicle be registered in one named person.
Primary source (opens in a new tab) Mississippi DOR — Form 78-014
Missouri
Small estate certificate
The clerk's certificate annexed to or endorsed on a Missouri small estate affidavit. It shows the names and addresses of the people entitled to the described property and recites that the will has been probated or that none has been presented, and that any estate taxes due have been paid. The Department of Revenue accepts it in place of letters, in the original or as a certified copy.
Primary source (opens in a new tab) Mo. Rev. Stat. § 473.097
Nebraska
Claiming successor
The person who takes a Nebraska vehicle on the affidavit under section 30-24,125. They state their relationship to the deceased or, where there is none, the basis of their claim; that no other person has a right to the deceased's interest; and that they are entitled to the title. The title issues in their name and cannot issue in a purchaser's.
Primary source (opens in a new tab) Neb. Rev. Stat. § 30-24,125, Affidavit for Transfer of Decedent's Vehicle/Motorboat
New Mexico
Claiming successor
The person who may collect a New Mexico decedent's tangible personal property on an affidavit under §§ 45-3-1201(A) and 66-3-105(C), thirty days after the death, where the entire estate wherever located and less liens and encumbrances does not exceed $50,000 and no personal representative has been appointed anywhere. The Division adds that the claimant does not need to be related to the deceased.
Primary source (opens in a new tab) MVD Vehicle Procedures Manual ch.8 §F
New York
Small estate (SCPA §1301)
A New York estate whose gross value (excluding certain exempt property) does not exceed the SCPA §1301 cap (currently $50,000, indexed periodically). The voluntary administrator procedure under SCPA §1301 allows a distributee to collect personal property (including a vehicle) without formal probate, provided at least 30 days have elapsed since death and no prior application has been made.
Primary source (opens in a new tab) SCPA §1301
North Carolina
Affidavit for collection of personal property
North Carolina's small estate affidavit, written twice — once for an intestate estate and once for a testate one — so that a will would not close the route. It is filed with the clerk of superior court, indexed, and posted to everybody it names. Presenting a certified copy of it is sufficient by statute to require the transfer of the car, the bank account and the rest of the personal estate. It cannot be used until thirty days after the death, and it closes the moment anybody applies to be appointed anywhere.
Primary source (opens in a new tab) N.C.G.S. 28A-25-1, N.C.G.S. 28A-25-1.1
Oklahoma
Claiming successor
The person who presents Oklahoma's small estate affidavit under section 393. The affidavit sets out the proportions in which each claiming successor is entitled to the property, and the official holding the registered title of any personal property shall change the registered ownership on presentation of it. Knowingly signing a false affidavit carries a fine of up to $3,000, up to six months' imprisonment, or both, plus restitution.
Primary source (opens in a new tab) 58 O.S. § 393
South Carolina
Small estate affidavit
South Carolina's affidavit under § 62-3-1201, and a court document rather than a private one: it must be approved and countersigned by the probate judge of the county of domicile, only on the judge's satisfaction that the successor is entitled to the property, and then filed in that court. Its limit at the Department is narrow — it allows the vehicle to be titled only in the name of the person the court appointed, and does not allow that person to sign the title over to anybody else.
Primary source (opens in a new tab) S.C. Code Ann. § 62-3-1201; South Carolina DMV — inheriting a vehicle
Claiming successor
The person who presents South Carolina's small estate affidavit. The statute defines it more widely than most: it includes a person who remitted payment for reasonable funeral expenses. Whoever hands the property over is discharged as if they had dealt with a personal representative, but the successor who receives it remains answerable and accountable to any personal representative of the estate or to anybody with a superior right.
Primary source (opens in a new tab) S.C. Code Ann. §§ 62-3-1201, 62-3-1202
South Dakota
Collection of personal property by affidavit
The route in SDCL § 29A-3-1201. Thirty days after the death, anyone holding the decedent's tangible personal property must deliver it to a claiming successor on an affidavit stating the value of the entire estate wherever located less liens, the thirty days, the absence of any appointment in any jurisdiction, the absence of any debt to the Department of Social Services for nursing home or other institutional medical care, and the claimant's entitlement.
Primary source (opens in a new tab) SDCL § 29A-3-1201
Texas
Affidavit of heirship for a motor vehicle
The Texas no-court route, published as Form VTR-262 and authorized by §501.074(3). Every heir at law signs before one notary on the same date, swearing that no administration is necessary, that any will will not be offered for probate, and that they are the sole and only known heirs.
Primary source (opens in a new tab) Transportation Code §501.074(3); Form VTR-262
Affidavit of heirship (general)
A different instrument from the motor vehicle one, and not a substitute for it. The general affidavit does not transfer title and becomes prima facie evidence of the family facts only after five years on record.
Primary source (opens in a new tab) Estates Code, affidavit of heirship
Vermont
Small estate
Vermont's abbreviated probate under 14 V.S.A. § 1901, available where the estate has a fair market value of not more than the statutory figure and consists entirely of personal property. It is commenced by filing eight documents, including an original death certificate, an inventory, an affidavit of funeral expenses and other known debts, and a bond without surety in the amount of the estate.
Primary source (opens in a new tab) 14 V.S.A. § 1901
Virginia
Small estate affidavit
Virginia's affidavit route under § 64.2-601, reaching $75,000 of personal estate. Every known successor has to sign it, and the successor who collects the property takes on a fiduciary duty to the rest. The Department of Motor Vehicles accepts an affidavit that the estate falls under the small estate laws as one of the three documents on the no-qualification route, and states the figure differently — as under $50,000.
Primary source (opens in a new tab) Va. Code § 64.2-601, Virginia DMV — transfer vehicle ownership
West Virginia
Small estate administered upon affidavit
The route in W. Va. Code § 44-1A-2 for a decedent who owned no probate real property and whose entire personal probate estate, wherever located, does not exceed the statutory ceiling. The affidavit is made on oath and under penalty of perjury and tendered for recording to the clerk of the county commission, or that clerk's fiduciary supervisor, for the county which would have jurisdiction over the probate. Thirty days must have elapsed where the successor is nominated as personal representative or executor under the will; sixty where they are not.
Primary source (opens in a new tab) W. Va. Code § 44-1A-2
Wyoming
Distributee affidavit
The instrument in W.S. § 2-1-201. Sworn not earlier than thirty days after the death, it states the value of the estate located in Wyoming less liens, the elapsed thirty days, the absence of any Wyoming appointment, and the facts of the claimant's entitlement including any intervening estates. It is filed with the county clerk, and a certified copy of the filed affidavit is what gets presented to holders.
Primary source (opens in a new tab) W.S. § 2-1-201