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A reference for U.S. probate small estates

Find your state’s small-estate threshold and the procedure to skip probate.

Most U.S. states let heirs settle a modest estate with a sworn affidavit instead of full probate. We document the threshold, the form, and the court for each of the 50 states and the District of Columbia.

51 jurisdictions documented. Sources last verified 2026-05-04.

  • Statute-cited
  • No account required
  • No email capture

What this site is

Reference, not advice
  • Free. No account, no email capture, no upsell.

  • Cited. Each state page links the governing statute.

  • Reviewed. Pending editorial review by a licensed probate attorney.

  • Honest. A page on when this path doesn't fit.

Browse by state

Your state's small-estate threshold, at a glance

Search or filter all 50 states and the District of Columbia by threshold band, then open a state for the form, the court, the wait period, and the statute.

How it works

From estate total to filed affidavit

A small-estate affidavit follows the same four steps in every state. The figures and forms differ; the shape does not.

  • Find your state

    Open your state page for its small-estate threshold, the wait period, how real property is treated, and the governing statute.

  • Total the probate estate

    Count only assets that pass through probate. Jointly held, beneficiary-designated, and trust assets are excluded.

  • Confirm the path fits

    If the qualifying total is at or under the cap and any waiting period has passed, the affidavit path is likely available.

  • File the form

    Use the named affidavit or petition with the court of filing. Each state page links the official form where one is published.

Common questions

What people ask before they file

General answers to the questions that come up most. The state-specific figure always lives, cited, on the state page.

Start with your state

See your state's threshold and procedure

Open the threshold finder, or jump straight to the side-by-side comparison of all 51 jurisdictions.

SmallEstateMap is a reference, not a law firm. Nothing here is legal advice.

  • 50 states + DC documented
  • Governing statute on every page
  • No account, no email capture
  • Verified against primary sources
  • A page on when probate is unavoidable