Small Estates Laws and Procedures: 50-State Survey

Recognizing that probate can be expensive and time-consuming, each state provides ways for a small estate to be distributed without going through the full probate process. The complexity of the streamlined procedures varies by state. For example, a court may or may not need to be involved. Some states offer more than one process for a small estate. The size of the estate or the types of assets that it contains may determine which process should be followed in a certain situation. In other cases, a person seeking to distribute an estate may be able to choose among multiple procedures.

The maximum size of an estate that qualifies for streamlined procedures also varies greatly by state. If a state offers more than one type of streamlined procedure, each type may have a separate limit. Many states set a specific dollar maximum, while other states make streamlined procedures available if the value of the estate does not exceed certain costs and exemptions. Several states even provide procedures that are specific to a certain type of asset, such as wages or bank accounts.

Not every nuance of every state law is covered in this overview. A person or family hoping to use small estate procedures should carefully review the relevant statutes (and ideally consult a probate attorney) to ensure that they follow each of the required steps. Failing to comply with the technicalities could result in the dismissal of a petition or other difficulties.

Click on a state below to learn more about the streamlined procedures for small estates there.

Alabama

  • Key laws: Code of Alabama Section 43-2-690 et seq.
  • Court involvement: Required
  • Maximum size: $25,000 (adjusted annually for changes in the consumer price index)

Alabama probate law provides that the surviving spouse or the distributees of an estate of only personal property may initiate a proceeding for summary distribution by filing a verified petition in the office of the judge of probate in the county where the decedent was domiciled when they died. The petition must describe the estate of the decedent and allege certain statutorily required conditions. For example, the value of the estate must fall within the $25,000 limit above, 30 days must have passed since the notice of the filing of the petition was published, and no petition for the appointment of a personal representative must be pending or granted. If these conditions and the others are met, the probate judge will enter an order directing summary distribution.

Alaska

  • Key laws: Alaska Statutes Section 13.16.680 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (details below) for summary administration; $100,000 for total value of vehicles and $50,000 for other personal property for affidavit

If the value of the entire estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses from the last illness of the decedent, Alaska probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it and file a closing statement with the court that meets statutory requirements.

Alternatively, a person indebted to the decedent or possessing tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the personal property or instrument to a person claiming to be the successor of the decedent if they receive an affidavit made by or for the successor that states certain facts. Among other things, the estate (after subtracting liens and encumbrances) must fall within the cap for affidavits stated above, and 30 days must have elapsed since the death of the decedent. The affidavit also must state that no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery of the property.

Arizona

  • Key laws: Arizona Revised Statutes Section 14-3971 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (details below) for summary administration; $75,000 for personal property or $100,000 for real property for affidavit; $5,000 for wages

If the value of the entire estate, subtracting liens and encumbrances, does not exceed the allowance in lieu of homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses for the last illness of the decedent, Arizona probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it and file a closing statement that meets statutory requirements.

Alternatively, a person indebted to the decedent or possessing tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person claiming to be the successor of the decedent if they receive an affidavit made by or for the successor that states certain facts. Among other things, the estate must fall within the $75,000 cap for personal property described above, and 30 days must have elapsed since the death of the decedent. The affidavit also must state that the claiming successor is entitled to payment or delivery of the property, and the funeral expenses and expenses of the last illness of the decedent have been paid.

Arizona law also provides for an affidavit of succession to real property. This allows a person claiming to be a successor to the decedent’s interest in real property to file an affidavit in the court in the county where the decedent was domiciled when they died, or in a county where real property of the decedent is located if they were not domiciled in Arizona. The affidavit must not be filed sooner than six months after the death. (A certified copy of the death certificate must be attached to the affidavit.) The affidavit must describe the real property and the interest of the decedent in the property, in addition to stating certain facts. For example, no federal estate tax must be due on the decedent’s estate, expenses from the funeral and last illness must have been paid, their unsecured debts must have been paid, and no other person must have a right to the interest of the decedent in the property, among other conditions.

In addition, an employer that owes wages or other compensation for personal services of the decedent must pay this amount (up to $5,000) to the surviving spouse of the decedent upon receiving an affidavit made by or for the spouse. The affidavit must state that the affiant is the surviving spouse of the decedent or is authorized to act on their behalf, and no application or petition for the appointment of a personal representative is pending or has been granted.

Arkansas

Arkansas probate law provides that the distributee of an estate may collect and distribute the assets of the estate without the appointment of a personal representative if certain conditions are met. Among other things, the estate must fall within the $100,000 cap above after subtracting encumbrances and excluding the decedent’s homestead and the value of any statutory allowances for the benefit of a spouse or minor children. In addition, 45 days must have elapsed since the death of the decedent, and no petition for the appointment of a personal representative must be pending or granted. If all the conditions are met, a distributee may file an affidavit with the probate clerk of the circuit court of the county of proper venue for administration. The affidavit must state certain statutorily required facts to be certified by the clerk.

Meanwhile, if the court determines upon the petition of an interested person that the personal property owned by a decedent does not exceed that to which any surviving spouse or minor children are entitled by law free of debt, as dower or curtesy and statutory allowances, the court may enter an order vesting the entire estate in the surviving spouse or children.

California

If the value of the decedent’s real and personal property (with certain exclusions) falls within the $184,500 limit above, and if 40 days have passed since the death of the decedent, California probate law provides that their successor may collect any item of property that is money due to the decedent, receive any item of property that is tangible personal property of the decedent, or have any item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred. This requires providing certain statutorily required information to the holder of the decedent’s property in an affidavit or declaration. If the estate includes any real property, the affidavit or declaration must be accompanied by an inventory or appraisal of the real property.

If a decedent leaves real property (with the same exclusions as above), and the total value of their real and personal property falls within the $184,500 limit above, the successor of the decedent to an interest in an item of property that is real property may file a verified petition in the superior court seeking a court order determining that they have succeeded to that real property. The petition also may include a request that the court make an order determining that the petitioner has succeeded to personal property described in the petition. The petition must contain certain statutorily required information, and it must not be filed for 40 days after the death.

Finally, California provides an affidavit procedure for real property of small value, capped at $61,500. This allows a person claiming as a successor of the decedent to a particular item of real property to file an affidavit in the superior court in the county where the decedent was domiciled, or where real property is located if the decedent was not domiciled in California. The affidavit must be filed no sooner than six months after the death.

Colorado

  • Key laws: Colorado Revised Statutes Section 15-12-1201 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (details below) for summary administration; $60,000 (subject to cost of living adjustments) for affidavit

If the value of the entire estate, subtracting liens and encumbrances, does not exceed the value of personal property held by or in the possession of the decedent as fiduciary or trustee, exempt property allowance, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses for the last illness of the decedent, Colorado probate law provides that the personal representative may disburse and distribute the estate to people entitled to it and file a closing statement with the court that meets statutory requirements.

Alternatively, a person indebted to the decedent or possessing personal property, tangible personal property, or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand belonging to the decedent must pay or deliver this property to a person claiming to be a successor of the decedent or acting on behalf of a successor if they receive an affidavit made by or for the successor that states certain facts. Among other things, 10 days must have elapsed since the death of the decedent, no application or petition for the appointment of a personal representative must be pending or granted, and the fair market value of property owned by the decedent and subject to disposition by will or intestate succession (subtracting liens and encumbrances) must not exceed the $60,000 cap above.

Connecticut

Connecticut probate law provides that the process for small estates is available when a decedent’s solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, does not exceed the $40,000 cap above. The decedent also must not have had any solely owned real property in Connecticut at their death. People who can start the process are, in order of priority, the surviving spouse of the decedent, their next of kin, and any person whom the court deems to have a sufficient interest in the decedent’s estate. The process involves filing a signed affidavit in the probate court in the district where the decedent resided. The affidavit must provide certain information, including a statement of whether the decedent received aid or care from the state, a list of their solely owned assets, and a list of all claims, expenses, and taxes due from their estate in certain categories.

Delaware

Delaware probate law provides that certain people are entitled to the personal estate of the decedent for the purpose of making a distribution of the estate in accordance with their will or intestate succession rules without awaiting the appointment of a personal representative or probating a will. Eligible individuals include a spouse, a grandparent, a lineal descendant of a grandparent, a personal representative of one of the preceding people, a guardian or trustee of one of the preceding people, a trustee of a trust created by the decedent, and potentially the named executor in the decedent’s will. An eligible individual must execute an affidavit attesting to certain facts under oath. Among other things, the value of the personal estate of the decedent (with some exclusions) must not exceed the $30,000 cap above, the decedent must not have owned real estate in Delaware, at least 30 days must have elapsed since their death, no petition for the appointment of a personal representative must be pending or granted, and all known debts of the decedent must have been paid or taken into account.

Florida

  • Key laws: Florida Statutes Section 735.201 et seq.; Section 735.301
  • Court involvement: Required
  • Maximum size: $75,000 (minus property exempt from claims of creditors) for summary administration; see below for disposition without administration

Florida probate law provides that a petition for summary administration may be filed by any beneficiary or any person nominated as a personal representative in the will of the decedent. Generally, the petition must be signed and verified by a surviving spouse and any beneficiaries. A beneficiary is not required to join the petition if they will receive a full distributive share under the proposed distribution, but formal notice of the petition must be served on a beneficiary who does not join. The petition for summary administration may be filed at any time during the administration of the estate.

A process known as disposition without administration may be available for an estate that does not have non-exempt personal property that exceeds the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. An interested party may make an informal application to the court, such as an affidavit or letter, and the court then may authorize the payment, transfer, or disposition of tangible or intangible personal property belonging to the decedent.

Georgia

  • Key laws: Georgia Code Section 53-2-40 et seq.; Section 7-1-239
  • Court involvement: Required, except in limited situations involving bank accounts
  • Maximum size: None with order that no administration is necessary; $15,000 for bank account affidavit

When a decedent dies intestate, and no personal representative has been appointed, Georgia probate law provides that an heir of the decedent may file a petition asking for a court order that no administration is necessary. They must file the petition in the probate court of the county of the domicile of the decedent, or in the county where real property of the decedent is located if they were not domiciled in Georgia. The petition must contain certain information, such as the names and domiciles of the decedent and their heirs, and a description of property owned by the decedent in Georgia. If the estate has known debts, creditors must have consented or must be served as required by statute. The heirs must have agreed on a division of the estate, and their signed agreement must be attached to the petition.

A specific procedure applies only to deposits in financial institutions. When a financial institution holding a deposit within the $15,000 cap above receives an affidavit, it is authorized to pay the proceeds of the deposit to certain specified people. In order of priority, these are a surviving spouse, children, parents, and siblings. The affidavit must state that the recipient qualifies as the proper relation to the decedent, there is no known will of the decedent, and there are no other known corresponding claimants to the deposit.

Hawaii

  • Key laws: Hawaii Revised Statutes Section 560:3-1201 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; $100,000 for affidavit, except that vehicles may be transferred regardless of value; $100,000 for clerk of court administration

If the value of the estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Hawaii probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person indebted to the decedent or possessing tangible personal property (or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person claimed to be the successor of the decedent when they receive a death certificate for the decedent and an affidavit made by or for the claimed successor. The affidavit must state that the value of the estate falls within the affidavit limit described above, no application or petition for the appointment of a personal representative is pending or has been granted, and the claimed successor is entitled to the property. It also must explain their relationship to the decedent.

Hawaii also provides for situations in which a decedent leaves property worth no more than $100,000, and no personal representative has been appointed. In this case, upon a verified petition of the clerk or any interested person, the clerk of the court of the judicial circuit where the decedent lived can get an order authorizing them to administer the estate.

Idaho

  • Key laws: Idaho Code Section 15-3-1201 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; $100,000 for affidavit

When the value of the estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Idaho probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court. Idaho also provides specific rules for situations in which a surviving spouse is the sole beneficiary.

Alternatively, a person indebted to the decedent or possessing tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person or entity claiming to be the successor of the decedent upon receiving an affidavit made by or for the successor. The affidavit must establish that the fair market value of the estate that is subject to probate falls within the $100,000 limit above, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative or for summary administration is pending or has been granted, and the claiming successor is entitled to payment or delivery.

Illinois

Illinois probate law provides that summary administration may be available upon the filing of a petition by any interested person and after ascertainment of heirship of the decedent and the admission of any will to probate. To trigger this process, all of the heirs and legatees of the decedent must consent in writing to distribution of the estate on summary administration. Each distributee must give bond in the value of their distributive share, and the court must find that certain other requirements are met, such as requirements involving notice, taxes, and claims against the estate.

Alternatively, Illinois provides for a small estate affidavit process. The wording of the affidavit is stipulated by statute. When a person or entity that is indebted to the decedent or holds personal estate of the decedent receives an affidavit in the appropriate form, the person or entity must pay the indebtedness or deliver the personal estate. (Similar rules apply to a person or entity that controls the right of access to the decedent’s safe deposit box, or that acts as a registrar or transfer agent of any evidence of interest, indebtedness, property, or right.)

Indiana

Indiana provides for a process known as administration without court supervision. A court may grant a petition for administration without supervision if the heirs of an intestate decedent or the legatees and devisees of a testate decedent all join in the petition, the estate is solvent, the personal representative is qualified to administer the estate without court supervision, and certain other requirements are met. There is no size limit.

If the value of an estate falls within the $100,000 limit above, after subtracting liens, encumbrances, the costs and expenses of administration, and reasonable funeral expenses, Indiana probate law provides that the personal representative of an unsupervised estate or a person appointed by a court to act on behalf of the decedent or their distributees may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the personal property or instrument to a distributee claiming to be entitled to payment or delivery of property as alleged in an affidavit. The affidavit must be made by or for the distributee and must state that the value of the estate falls within the $100,000 limit above, 45 days have passed since the death of the decedent, and no application or petition for the appointment of a personal representative is pending or has been granted, among other things.

Iowa

When the value of the estate falls within the $200,000 limit above, Iowa probate law provides that the clerk of court will issue letters of appointment for administration to the proposed personal representative named in a petition for this form of administration. A related statute provides the required contents of a petition. Ultimately, the personal representative will need to file a closing statement with the court.

Alternatively, when there is no real property in an estate (or the real property passes to people exempt from inheritance tax as joint tenants with full rights of survivorship), a successor to the decedent may prepare an affidavit once 40 days have passed since the death of the decedent. The affidavit will entitle the successor to receive tangible personal property of the decedent, have evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, or collect the proceeds from a life insurance policy or another item of property for which a beneficiary has not been designated. The statute outlines the specific requirements that the affidavit must meet.

Kansas

  • Key laws: Kansas Statutes Section 59-1507 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain costs and other items (detailed below) for summary proceedings; $40,000 for affidavit

When the estate of a decedent, subtracting the homestead and allowances to the spouse and minor children, does not exceed amounts required for funeral expenses, expenses of the last sickness of the decedent, wages of employees during the last sickness, cost of administration, debts with preference, and taxes, Kansas probate law provides that the executor or administrator of the estate may pay these amounts by order of the court. The executor or administrator may present their account with an application for the settlement and allowance of the account. The court then may adjust, correct, settle, allow, or disallow the account. If the account is allowed, the court will summarily determine the heirs, legatees, and devisees and close the administration.

Alternatively, when the estate does not exceed the $40,000 limit above, any personal property transferable to the decedent’s estate by any entity or person will be transferred to a successor of the decedent if they are entitled to the property by will or intestate succession if the successor provides the entity or person with an affidavit showing their entitlement to the property.

A more general law provides that a court will determine whether an estate will be administered as a simplified estate or as a supervised estate on the hearing of a petition for the appointment of an administrator or for the probate of a will when administration is sought under the Kansas Simplified Estates Act. In making this determination, the court may consider certain factors provided by statute, such as the size and solvency of the estate, the nature of the estate, the wishes of the heirs and devisees, and the probable cost of estate administration and settlement.

Kentucky

  • Key laws: Kentucky Revised Statutes Section 395.455
  • Court involvement: Required
  • Maximum size: Assets do not exceed exemption of surviving spouse (or exemption combined with preferred claims paid by widow or by widower when wife’s estate is legally liable for payment)

When the estate falls within the limit described above, Kentucky probate law provides that the court may order that the assets of the estate be transferred without administration to the surviving spouse, or to a person designated by the surviving spouse to receive all or part of the assets. This does not depend on whether there is a will. If the court finds that no probatable estate will pass through the hands of the personal representative, it may order that no letters of administration be issued and, for a testate estate, that the will be probated only. The statute also describes a situation in which assets may be transferred without administration to a person other than a surviving spouse.

Louisiana

Louisiana probate law provides that the heirs of an intestate decedent will be recognized by the court and sent into possession of the decedent’s property without administration when the heirs file an ex parte petition. All of the heirs must be competent and accept the succession, and the succession must be relatively free of debt. This means that the only debts are administration expenses, mortgages not in arrears, and debts of the decedent that are relatively small. A related statute provides the requirements for a petition. (There are more complex rules when not all of the heirs are competent, in which case the court has a discretionary power to send the heirs into possession without administration.)

A small succession does not need to be judicially opened when the decedent died intestate (or testate in limited situations), and the sole heirs are the descendants, ascendants, siblings (or descendants of siblings), surviving spouse, or legatees under a testament. When these requirements are met, at least two people (including any surviving spouse and one or more competent major heirs) may execute one or more multiple originals of an affidavit that provides certain information required by statute. This affidavit will provide full authority for the payment or delivery of money or property of the deceased described in the affidavit to the heirs or legatees of the deceased and any surviving spouse.

Maine

  • Key laws: 18-C Maine Revised Statutes Section 3-1201 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; $40,000 for affidavit

If the value of the estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Maine probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the personal property or instrument to a person claiming to be the successor of the decedent when they receive an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $40,000 limit above, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery of the property.

Maryland

Maryland probate law provides that a petition for administration of a small estate must contain a statement that the petitioner has made a diligent search to discover the property and debts of the decedent. It also must list the known property and its value, list the known creditors of the decedent and the amount of each claim, and discuss any pending legal proceedings in which the decedent was a party. If the register finds that the petition and additional information filed in the proceeding are accurate, the register will direct that the petitioner serve as personal representative of the small estate and issue additional letters of administration as needed. The register also will direct the payment of allowable funeral expenses and family allowances and direct the sale of property as needed to satisfy expenses and allowances. If property will remain, the register will admit any will to probate and take further steps as required by statute.

If the only property owned by a decedent is not more than two motor vehicles, and the surviving spouse is the decedent’s only heir or legatee, administration of the estate is not required.

Massachusetts

If the value of the estate, subtracting liens and encumbrances, does not exceed the value of family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Massachusetts probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, if an estate consists entirely of personal property within the limit for an affidavit described above, any interested person may file a statement or affirmation with the court in the county where the decedent resided no sooner than 30 days after the death of the decedent. (No petition for the appointment of a personal representative must have been filed.) The contents of the statement are defined by statute. Once this statement has been submitted to the court, together with a death certificate of the deceased and the payment of a fee, the register will docket these documents in the court records. For a fee, the register will issue an attested copy of the statement. This will allow a voluntary personal representative to receive payment of any debt or obligation, or delivery of any chattel or asset, scheduled in the statement upon presenting an attested copy of the statement and certain other documents.

Michigan

  • Key laws: Michigan Compiled Laws Section 700.3983 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; $15,000 (adjusted for inflation) for sworn statement

If the value of the estate, subtracting liens and encumbrances, does not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reasonable and necessary medical and hospital expenses of the decedent’s last illness, Michigan probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must pay the indebtedness or deliver the personal property or instrument to a person claiming to be the decedent’s successor if they are presented with the decedent’s death certificate and a sworn statement made by or for the successor. The statement must establish that the estate does not include real property, the value of the estate falls within the $15,000 limit above, 28 days have passed since the decedent’s death, an application or petition for the appointment of a personal representative is not pending or has not been granted, and the claiming successor is entitled to payment or delivery. The statement also must provide the name and address of each other person entitled to a share of the property and the portion to which they are entitled.

A related law provides for a court order to distribute a small estate when specific conditions are met. For example, when there is a showing of evidence that the expenses for the decedent’s funeral and burial have been paid, and the balance of the estate consists of property worth $15,000 or less, the court may order the property to be turned over to the surviving spouse, or to the heirs if there is no spouse.

Minnesota

Minnesota probate law provides that an estate may be summarily closed and the property assigned to the proper persons if the probate estate, exclusive of any exempt homestead and any exempt property as defined elsewhere by statute, falls within the $150,000 limit above. If the closing and distribution are made pursuant to the terms of a will, no decree may issue until a hearing has been held for formal probate of the will. No summary closing may be made unless a showing is made by the personal representative or the petitioner that certain obligations defined by statute have been paid. A bond must be filed by the personal representative or the petitioner, conditioned on the fact that these obligations have been paid.

Alternatively, a person who is indebted to the decedent or who has possession of tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person claiming to be the successor of the decedent upon receiving a certified death record of the decedent and an affidavit made by or for the successor. (There is a parallel rule for a safe deposit company that controls the right of access to the decedent’s safe deposit box.) The affidavit must state that the value of the probate estate falls within the $75,000 limit above, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery.

Mississippi

Mississippi probate law provides that a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment when due of the indebtedness or deliver the tangible personal property or instrument to a person claiming to be the successor of the decedent upon receiving an affidavit made by the successor. The affidavit must state that the value of the estate falls within the limit above, 30 days have passed since the death of the decedent, and no application or petition for the appointment of a personal representative is pending or has been granted. It also must provide the facts of relationship establishing the affiant as a successor of the decedent.

Missouri

Missouri probate law provides that distributees of an estate have a defeasible right to the personal property of the estate and are entitled to the real property of the estate without waiting for a grant of letters testamentary or letters of administration if certain conditions are met. The value of the estate must fall within the limit above, 30 days must have passed since the death of the decedent, and no application for letters or for administration must be pending or granted. Moreover, a bond must be filed by the person making the required affidavit, conditioned on the payment of the debts of the decedent, among other things. The bond must be in an amount not less than the value of the personal property and must be approved by the judge or clerk of the probate division.

Montana

  • Key laws: Montana Code Section 72-3-1101 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; generally $50,000 for affidavit

If the value of the estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Montana probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person claiming to be the successor of the decedent upon being presented with an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $50,000 limit above, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery.

Nebraska

  • Key laws: Nebraska Revised Statutes Section 30-24,125 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; $50,000 for personal property / $50,000 for real property for affidavit

If the value of the estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Nebraska probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person claiming to be the successor of the decedent upon being presented with an affidavit made by or for the successor. The affidavit must state that the value of the personal property in the estate falls within the $50,000 limit above, 30 days have passed since the death of the decedent (shown in a certified or authenticated copy of the death certificate), no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery. The affidavit also must state the successor’s relationship to the decedent or the basis of their claim to the property.

There is a similar law for succession to real property by affidavit. This allows a person claiming to be a successor to the decedent’s interest in real property to file an affidavit describing the real property and the interest of the decedent in the property with the register of deeds office in the county where the real property that is the subject of the affidavit is located. The affidavit must meet several specific requirements.

Nevada

  • Key laws: Nevada Revised Statutes Section 146.070 et seq.
  • Court involvement: Not required
  • Maximum size: $100,000 for setting aside without administration; $25,000 for affidavit ($100,000 if the claimant is the surviving spouse), excluding vehicles; $300,000 for summary administration at discretion of court

Nevada probate law provides that an estate worth no more than $100,000 may be set aside without administration by an order of the court. It generally must be assigned and set apart in a specific order: the payment of the petitioner’s attorney’s fees and costs related to the proceeding; the payment of funeral expenses, expenses of last illness, and money owed to the Department of Health and Human Services; the payment of other creditors; and any remaining balance to claimants entitled to it pursuant to a will or intestate succession rules. Proceedings under this statute must not begin until at least 30 days after the death of the decedent and must be originated by a petition that contains a specific description of all property in the decedent’s estate, a list of all known liens and encumbrances, an estimate of the value of the property, a statement of the decedent’s debts, and other information.

Alternatively, if the decedent did not leave any real property, and the value of their property does not exceed the applicable amount for an affidavit listed above, a person who has a right to succeed to the property of the decedent may collect money due to the decedent, receive the property of the decedent, and have evidences of interest, indebtedness, or right transferred to the claimant if they provide the appropriate party with an affidavit. This must show the right of the affiant to receive the money or property, or to have the evidence transferred. The statute outlines the statements that the affidavit must contain.

A separate provision allows a court to enter an order for summary administration of an estate with a gross value no greater than $300,000 (after deducting encumbrances) if the court finds that this is advisable considering the nature, character, and obligations of the estate.

New Hampshire

New Hampshire probate law provides that an administrator of an estate may file a motion for summary administration to close an estate no less than six months after the administrator is appointed. The motion must state under oath that the estate has been open for at least six months, there are no outstanding debts, obligations, or unpaid or unresolved claims attributable to the estate, no estate taxes are due (or estate taxes have been paid), court supervision of the administration of the estate is no longer necessary, and the administration of the estate will be completed without further court supervision in accordance with the will and applicable law. Receipts or assents from all specific legatees, as well as assents from all other persons beneficially interested, must be attached.

In certain situations, New Hampshire also provides for a waiver of administration, which means that there is no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets. If one of these situations applies, the administration of the estate will be completed upon the approval of an affidavit of administration by the probate court. The administrator must file the affidavit six months to one year after their appointment.

New Jersey

New Jersey probate law contains two separate provisions on summary administration. The first provision allows a surviving spouse, civil union partner, or domestic partner to receive the real and personal assets of an intestate decedent’s estate without administration when the total value of the real and personal assets falls within the $50,000 limit above. The spouse or partner must execute an affidavit before the Surrogate of the county where the decedent resided when they died, or before the Superior Court. The affidavit must state that the affiant is the surviving spouse or partner of the decedent, and the assets will not exceed the cap. It also must list the residence of the decedent at their death and describe the nature, location, and value of their assets. The affidavit will be filed and recorded in the office of the Surrogate or the clerk of the Superior Court.

The second provision allows an heir of an intestate decedent with no surviving spouse or partner to receive the assets of the decedent of the benefit of all the heirs and creditors without administration or entering into a bond. The heir must have obtained the consent in writing of any remaining heirs and must execute an affidavit before the Surrogate of the county where the decedent lived when they died, or before the Superior Court. The affidavit must state that the value of the assets will not exceed the $20,000 limit above and list the residence of the decedent when they died, as well as the names, residences, and relationships of all the heirs and the nature, location, and value of the assets. The consent and affidavit will be filed and recorded in the office of the Surrogate or the clerk of the Superior Court.

New Mexico

  • Key laws: New Mexico Statutes Section 45-3-1201 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain costs and other items (detailed below) for summary administration; $50,000 for affidavit

If the value of an estate, subtracting liens and encumbrances, does not exceed the family allowance, personal property allowance, costs and expenses of administration, reasonable and necessary medical and hospital expenses of the last illness of the decedent, and reasonable funeral expenses, New Mexico probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the personal property or instrument to a person claiming to be the successor of the decedent upon being presented with an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $50,000 limit above, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery.

Under a related statute, when a husband and wife own a homestead as community property, the homestead passes to the surviving spouse without probate or administration when a spouse dies intestate, or dies testate and by their will devises their interest in the homestead to the surviving spouse.

New York

New York probate law defines a “voluntary administrator” as a person who qualifies and undertakes to settle the estate of the decedent without the formality of court administration. A person may qualify as a voluntary administrator by making an affidavit in the form provided by the Official Forms attached to the statute, as well as a certified copy of the death certificate of the decedent. The affidavit must be filed with the clerk of the court in the county where the decedent was domiciled or the county where their personal property is located. A certificate of the court showing the filing of the affidavit shall prove their qualification and authority to act. The voluntary administrator then can deliver a certificate to any person or entity that possesses or controls personal property of the decedent that the voluntary administrator seeks to reduce to possession, or for which they seek to affect the title.

North Carolina

  • Key laws: North Carolina General Statutes Section 28A-25-1 et seq.; Section 28A-28-1 et seq.
  • Court involvement: Required
  • Maximum size: No limit specified for summary administration, but surviving spouse must be sole devisee or heir; $20,000 of personal property for affidavit ($30,000 if affiant is surviving spouse and sole heir)

When a decedent leaves a surviving spouse as their sole devisee or heir, North Carolina probate law provides that the surviving spouse may file a petition for summary administration with the clerk of superior court of the county where the decedent was domiciled when they died. A statute provides specific requirements for the contents of the petition.

Alternatively, when an intestate decedent leaves personal property that does not exceed the limit for affidavits above, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the personal property or instrument to an heir or creditor of the decedent upon being presented with a certified copy of an affidavit made by or for the heir or creditor. The affidavit must state that the value of the personal property in the estate falls within the limit for an affidavit above, 30 days have passed since the death of the decedent, and no application or petition for appointment of a personal representative is pending or has been granted, among other things. Prior to the recovery of any assets of the decedent, a copy of the affidavit must be filed in the office of the clerk of superior court of the county where the decedent was domiciled when they died.

There is a similar law for when a decedent dies with a will, although the requirements for the affidavit are slightly different. For example, the affidavit must state that the decedent’s will has been admitted to probate in the court of the proper county, and a certified copy of the will must be attached to the affidavit. The executor of the will or a devisee, heir, or creditor may receive the payment or property. The same requirements for filing in court apply.

North Dakota

  • Key laws: North Dakota Century Code Section 30.1-23-01 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs (detailed below) for summary administration; $50,000 for affidavit

If the value of the estate, subtracting liens and encumbrances, does not exceed the homestead, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, North Dakota probate law allows the personal representative to disburse and distribute the estate to the persons entitled to it, while filing a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the personal property or instrument to a person claiming to be the successor of the decedent upon being presented with an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $50,000 limit above, 30 days have passed since the death of the decedent, an application or petition for the appointment of a personal representative is not pending or has not been granted, and the claiming successor is entitled to payment or delivery.

Ohio

  • Key laws: Ohio Revised Code Section 2113.03 et seq.
  • Court involvement: Required, except for payment of wages
  • Maximum size: Generally $35,000 for release from administration, but $100,000 when surviving spouse is sole heir or devisee; $5,000 or funeral and burial expenses for summary release from administration

Ohio probate law allows any interested party to file an application to release an estate from administration. Notice of the filing of the application must be provided to the surviving spouse and heirs at law in the manner and for the length of time directed by the court, and notice must be provided to all interested parties by publication in a newspaper of general circulation in the county, unless the notices are waived or found unnecessary. Afterward, if the court is satisfied that the estate falls within the applicable limit above, the court may enter an order relieving the estate from administration and directing the delivery of personal property and the transfer of real property to the people entitled to it.

A related law provides that a person who is not a surviving spouse and who has paid or is obligated to pay the decedent’s funeral and burial expenses may apply to the probate court for an order granting a summary release from administration if the value of the estate does not exceed $5,000 or the amount of the funeral and burial expenses, whichever is less.

Another law allows an employer to pay wages or personal earnings due to a deceased employee to a spouse, child, or parent of the decedent without requiring letters testamentary or letters of administration to be issued, and without requiring an Ohio estate tax release if the wages do not exceed $5,000.

Oklahoma

  • Key laws: Oklahoma Statutes Section 58-245 et seq.; Section 58-393 et seq.
  • Court involvement: Not required
  • Maximum size: Generally $200,000 for summary administration; $50,000 for affidavit; $150,000 for dispensing with regular proceedings; $50,000 for bank deposits

Oklahoma probate law provides that a petition for summary administration may be filed by any person interested in an estate if the value of the estate falls within the $200,000 limit, or in certain other situations. The statute provides specific information that the petition must contain. If the court determines that summary proceedings are appropriate, the court may issue an order approving the petition for summary administration after proof of payment of funeral expenses, expenses of last sickness and of administration, and allowed claims.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person claiming to be the successor of the decedent upon being presented with an affidavit made by or for the successor. The affidavit must state that the property located in Oklahoma owned by the decedent and subject to disposition by will or intestate succession falls within the $50,000 limit, no application or petition for the appointment of a personal representative is pending or has been granted, each claiming successor is entitled to payment or delivery, and all taxes and debts of the estate have been resolved. This process may occur at any time 10 or more days after the date of death.

If the value of the estate, including real and personal property, does not exceed $150,000, Oklahoma allows a personal representative to apply to have the court dispense with the regular proceedings. The court shall dispense with the regular proceedings upon this application. It shall order notice to creditors and issue an order for hearing upon the final accounting and petition for determination of heirship, distribution, and discharge.

Meanwhile, when a deposit has been made in a bank or credit union in the name of a sole individual without designating a payable-on-death beneficiary, and the sole owner of the account dies, the bank or credit union may transfer the funds to the known heirs of the deceased if the amount of the aggregate deposits held in single ownership accounts in the name of the decedent does not exceed $50,000. This requires an affidavit sworn by the known heirs, which must establish jurisdiction and relationship and state that the owner of the account left no will. (This process is not available if probate proceedings are pending.)

Oregon

When an estate falls within the limits above, Oregon probate law provides that a claiming successor of the decedent or any person named as personal representative in their will may file a small estate affidavit with the clerk of the probate court in any county where there is venue for a proceeding seeking the appointment of a personal representative for the estate. However, the affidavit may not be filed for 30 days after the death of the decedent. A specific statute provides the content of the affidavit. The affiant then may deliver a certified copy of the affidavit to any person who possesses personal property belonging to the estate or who was indebted to the decedent. Upon receipt of the certified copy, the person generally must pay the debt or transfer, deliver, provide access to, and allow possession of the property to the affiant.

The affiant or any claiming successor of the estate who has not been paid the full amount owed to the claiming successor may file a petition for summary review of administration of the estate with the probate court within two years after the filing of a small estate affidavit. Moreover, a person may file a petition for summary review for the purpose of compelling the affiant to distribute property of the estate within 60 days after the end of this two-year period. At a hearing, the court shall review administration of the estate in a summary manner. It may order the affiant to sell property of the estate and pay creditors, to pay creditors of the estate from property of the estate or the affiant, or to distribute property of the estate to the claiming successors. The court also may order any person who has received property of the estate to pay amounts owed to claiming successors of the estate.

Pennsylvania

  • Key laws: 20 Pennsylvania Consolidated Statutes Section 3101 et seq.
  • Court involvement: Required, except in limited situations such as bank accounts, wages, and life insurance
  • Maximum size: $50,000 for settlement of small estate; $10,000 in wages; $10,000 in deposit accounts; $10,000 in patient care accounts; $11,000 in life insurance; $11,000 in unclaimed or abandoned property

Pennsylvania probate law allows for the settlement of a small estate when a person dies while domiciled in Pennsylvania and owning property no greater than the $50,000 limit, excluding real estate and certain other items. Upon the petition of any party in interest, the orphans’ court division of the county where the decedent was domiciled when they died has the discretion to direct distribution of the property to the parties entitled to it. A court has this discretion regardless of whether letters have been issued or a will probated. The resulting decree of distribution provides sufficient authority to parties dealing with the property of the estate to recognize the people named in the decree as entitled to receive the property to be distributed without administration.

Meanwhile, an employer of a person who died while domiciled in Pennsylvania may pay wages due to the deceased (up to $10,000) to their spouse, child, parent, or sibling, in that order of preference. After the death of a depositor, a bank must pay the amount on deposit (up to $10,000) to the same relatives in the same order of preference.

If the decedent received medical assistance from the Department of Public Welfare, the facility in which they were a patient may pay any remaining funds in the patient’s care account (up to $10,000) for their burial expenses to a licensed funeral director. If there are any funds remaining in the account, the facility may pay them (up to $10,000 including burial expenses) to the decedent’s spouse, child, parent, or sibling, in that order of preference. If an insurance company owes funds to the decedent’s estate (up to $11,000) under a policy, the insurer generally may pay all or part of the amount to the same relatives in the same order of preference, once 60 days have passed following the death. Finally, a complex provision applies to unclaimed or abandoned property of the decedent.

Rhode Island

When the estate of a Rhode Island resident consists only of personal property, and the total value excluding tangible personal property owned by the decedent falls within the limit above, Rhode Island probate law allows any interested party to file a verified statement with the probate court on a form prescribed by the court. (This must be the probate court of the city or town where the decedent lived.) The statement must contain certain information required by statute, such as a schedule of every asset known to the affiant that is titled solely in the decedent’s name and all assets that are known or believed to be titled in their name as of their date of death, as well as the estimated value of each asset. This statement must not be filed sooner than 30 days after the death of the decedent, and it may be filed only if no petition for letters testamentary or letters of administration has been filed with the probate court.

South Carolina

  • Key laws: South Carolina Code of Laws Section 62-3-1201 et seq.
  • Court involvement: Required
  • Maximum size: Value of estate does not exceed $25,000 once numerous items have been subtracted (see below) for summary administration; $25,000 for affidavit

If the value of an estate falls within the $25,000 limit, subtracting liens, encumbrances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, South Carolina probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it and file a closing statement with the court. Also, if it appears from an appointment proceeding that the appointed personal representative is the sole heir or devisee of the decedent, the personal representative may disburse and distribute the estate to the people entitled to it and file a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or the instrument to a person who claims to be the successor of the decedent when they are presented with an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $25,000 limit, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery. The affidavit must be approved and countersigned by the probate judge upon their satisfaction that the successor is entitled to payment or delivery, and it must be filed in the probate court.

South Dakota

South Dakota probate law provides that a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or instrument to a person who claims to be the successor of the decedent when they are presented with an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $50,000 limit, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, the decedent is not indebted to the Department of Social Services for medical assistance, and the claiming successor is entitled to payment or delivery.

Alternatively, an application for informal probate of a will may be directed to the clerk of court. It must contain certain information required by statute. No size limit applies for informal probate.

Tennessee

If no petition is filed for the appointment of a personal representative of a decedent within 45 days after their death, and the estate falls within the $50,000 limit, Tennessee probate law provides that certain individuals may file an affidavit with the clerk of the court. These people include a legatee, devisee, personal representative, heir, or next of kin of the decedent, as well as a creditor who proves their debt on oath before the court. The affidavit must provide certain information, such as whether the decedent left a will, a list of their unpaid debts, an itemized description and the value of the decedent’s property, and the identities of each devisee, legatee, or heir. If the decedent left a will, the original instrument must be presented to the court for examination by the clerk.

Meanwhile, if an employee does not designate a beneficiary to receive payment for any wages or salary that they are due at the time of their death, an employer must pay any wages or other compensation owed to the decedent (up to $10,000) directly to the surviving spouse, or to the surviving children of the decedent if there is no surviving spouse. Moreover, any person owing a decedent up to $10,000 (or holding funds for a decedent up to that amount) must pay this amount directly to the surviving spouse or to the surviving children when there is no surviving spouse if six months have passed since the death of the decedent when no application has been made for the appointment of a personal representative. If this amount exceeds $10,000, the remainder must be paid to the personal representative or as ordered by the court.

Texas

  • Key laws: Texas Estates Code Section 354.001; Section 205.001 et seq.
  • Court involvement: Required
  • Maximum size: Value does not exceed claims (details below) for summary proceedings; $75,000 (excluding homestead and exempt property) for affidavit

If it is established that the decedent’s estate (excluding any homestead, exempt property, and family allowance) does not exceed the amount sufficient to pay certain claims against the estate, Texas probate law allows a personal representative, on order of the court, to pay those claims in the order provided and to the extent permitted. Then, the personal representative can present to the court their account with an application for the settlement and allowance of the account. The court may adjust, correct, settle, allow, or disallow the account. If it settles and allows the account, it may decree final distribution, discharge the representative, and close the administration.

Texas law also provides that the distributees of the estate of a decedent who died intestate are entitled to the estate without waiting for the appointment of a personal representative to the extent that the estate assets (excluding homestead and exempt property) exceed the known liabilities of the estate (excluding liabilities secured by homestead and exempt property), and the value of the estate assets falls within the $75,000 limit. To trigger this process, 30 days must have passed since the decedent’s death, no petition for the appointment of a personal representative must be pending or granted, and an affidavit that meets certain requirements must be filed with the clerk of the court that has jurisdiction and venue of the estate. A judge must examine the affidavit and may approve it if they determine that it meets the statutory requirements.

Finally, if a will provides for independent administration, or if all of the distributees of the decedent agree to it, an estate may be distributed through this process. Independent administration means that no other action will be taken in the probate court in relation to the settlement of the decedent’s estate other than the probating and recording of the will and the return of an inventory, appraisement, and list of claims of the decedent’s estate.

Utah

  • Key laws: Utah Code Section 75-3-1201 et seq.
  • Court involvement: Not required
  • Maximum size: Value of estate does not exceed certain exemptions and costs for summary administration; $100,000 for affidavit

If the value of an estate, subtracting liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, Utah probate law provides that the personal representative may disburse and distribute the estate to the people entitled to it and file a closing statement with the court.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must pay the indebtedness or deliver the tangible personal property or instrument to a person who claims to be the successor of the decedent after being presented with an affidavit made by or for the successor. The affidavit must state that the value of the estate falls within the $100,000 limit, 30 days have passed since the death of the decedent, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is entitled to payment or delivery. (This type of affidavit also may be used to transfer title of up to four vehicles, which do not need to be included in the $100,000 limit for this purpose.)

Vermont

  • Key laws: 14 Vermont Statutes Section 1901 et seq.
  • Court involvement: Required
  • Maximum size: $45,000 (entirely personal property, other than a timeshare estate)

When an estate meets the requirements above, Vermont probate law provides that a small estate proceeding may be commenced by filing a petition to open a probate estate, a list of interested persons, a filing fee, an original death certificate, an inventory of the estate, an affidavit of paid and outstanding funeral expenses and any other known or reasonably ascertainable debts of the decedent, a bond without surety in the amount of the fair market value of the estate, and the will if the decedent left such an instrument. An interested party who did not consent in writing must receive notice of the petition and may file an objection with the court within 14 days after notice. Otherwise, the court will approve the fiduciary appointment and any will without further notice or hearing.

Virginia

Virginia probate law provides that a person who possesses a “small asset” must pay or deliver it to the designated successor of the decedent after being presented with an affidavit made by all of the known successors. The affidavit must state that the value of the estate falls within the $50,000 limit, at least 60 days have passed since the decedent’s death, no application for the appointment of a personal representative is pending or has been granted, the claiming successor is entitled to payment or delivery, and any will was duly probated, among other required information.

State law provides a more streamlined process when a person possesses a small asset worth $25,000 or less. They may pay or deliver the small asset to any successor if at least 60 days have passed since the death of the decedent, and no application for the appointment of a personal representative is pending or has been granted. No affidavit is needed for this process.

Virginia also provides an affidavit procedure for transferring real estate that was part of an intestate decedent’s estate. This requires a person who has an interest in real estate that is part of an intestate decedent’s estate to execute an affidavit setting forth a description of the real estate owned by the decedent in the jurisdiction, stating that the decedent died intestate, and providing the names and last known addresses of the decedent’s heirs at law.

Washington

Washington probate law provides that a person who is indebted to the decedent or who possesses personal property belonging to the decedent (or the decedent and their surviving spouse or domestic partner as a community) must pay this indebtedness or deliver the personal property to a person who claims to be a successor of the decedent upon receiving proof of death and an affidavit made by the claimed successor. The affidavit must state that the estate (excluding the community property interest of a surviving spouse or domestic partner in any assets subject to probate in the estate) falls within the $100,000 limit, 40 days have passed since the death of the decedent, they were a resident of the state of Washington when they died, all debts of the decedent have been paid or taken into account, no application or petition for the appointment of a personal representative is pending or has been granted, and the claiming successor is a “successor” as defined by statute, among other things. A copy of the affidavit must be mailed to the Washington Department of Social and Health Services.

Washington also offers a somewhat simplified procedure known as settlement without court intervention if certain requirements are met. For example, the decedent’s estate must be solvent, taking into account probate and non-probate assets. There is no size limit.

Washington, D.C.

Washington, D.C. probate law provides that a person who is eligible for appointment as the personal representative of an estate may file a verified petition for administration of a small estate if the decedent’s estate falls within the $40,000 limit. The petition must contain a statement that the petitioner has made a diligent search to discover the property and debts of the decedent, a list of the known creditors of the decedent with the amount of each claim, and a statement of any pending legal proceedings in which the decedent was a party.

West Virginia

  • Key laws: West Virginia Code Section 44-3A-5; Section 44-1A-1 et seq.
  • Court involvement: Not required
  • Maximum size: $100,000 under traditional process (no limit if personal representative or surviving spouse is sole beneficiary); $50,000 in personal assets and $100,000 in real property interests under newer process

West Virginia probate law traditionally provides that the county commission must not remove an estate from supervision by a fiduciary supervisor and refer it to a fiduciary commissioner if the value of the estate (excluding real property unless the will requires the administration of real property) falls within the $100,000 limit. An estate also will not be referred to a fiduciary commissioner if the personal representative or the surviving spouse is the sole beneficiary, or if certain other complex requirements provided by statute are met.

A more recent streamlined procedure allows an applicant to submit an affidavit to the clerk of the county commission. The affidavit generally may be submitted no sooner than 60 days after the death of the decedent, although this period is reduced to 30 days when the applicant is the nominated executor in a will. When the applicant completes the affidavit, it is sent to the clerk’s office with any attached wills or codicils. The clerk will review the affidavit to determine whether it meets the statutory requirements. After receiving the required fees, the clerk will issue a certification letter and send out copies of the affidavit.

Wisconsin

  • Key laws: Wisconsin Statutes Section 867.01 et seq.
  • Court involvement: Not required
  • Maximum size: $50,000 (or value of estate does not exceed costs, expenses, allowances, and claims) for summary settlement; generally $50,000 for affidavit

Wisconsin probate law provides that a person who has standing to petition for administration of an estate has standing to petition for an abbreviated process known as summary settlement. The petition for summary settlement must establish that the estate falls within the $50,000 limit (or does not exceed costs, expenses, allowances, and claims), provide a detailed statement of all property subject to administration and the related encumbrances or liens, and list the names and addresses of all interested persons, in addition to providing other information. The provision based on the $50,000 limit applies only when the decedent is survived by a spouse, domestic partner, or minor child.

Alternatively, when a decedent leaves property subject to administration that does not exceed $50,000 in gross value, certain qualifying individuals may collect money due to the decedent, receive the property of the decedent, and have any evidence of interest, obligation to, or right of the decedent transferred to them. Qualifying individuals include an heir, a person named as a personal representative in a will, a person who was the guardian of the decedent when they died, or the trustee of a revocable trust created by the decedent. This requires an affidavit that contains information such as the total value of the decedent’s property and a description of the property to be transferred and its value. However, a person named as a personal representative in a will may not receive any real property of the decedent by providing this affidavit or have any evidence of interest, obligation to, or right of the decedent in real property transferred to them.

Wyoming

When an estate falls within the $200,000 limit, including personal property, Wyoming probate law provides that a person claiming to be the distributee of the decedent may file an application for a decree of summary distribution of property no sooner than 30 days after the decedent’s death. The application must be sworn and signed by the claimed distributee and must fully describe any real property, including any mineral interests, being claimed. The application also must state the facts that must be stated in the affidavit described below.

Alternatively, a person who is indebted to the decedent or who possesses tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) belonging to the decedent must make payment of the indebtedness or deliver the tangible personal property or the instrument to a person claiming to be a distributee of the property or the attorney for the distributee upon being presented with an affidavit made by or for the distributee. The affidavit must state that the value of the estate falls within the $200,000 limit, 30 days have passed since the death of the decedent, no application for appointment of a personal representative is pending or has been granted, and the person claiming to be a distributee is entitled to payment or delivery. The affidavit must be filed with the county clerk to take effect.

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