Background
The four things that decide whether the affidavit fits.
- 01
Jointly held vs solely owned
How property title — joint tenancy, tenancy by the entirety, community property, tenancy in common — controls whether an asset enters the probate estate at all. The single most important decision-shaping rule, with a worked example for a married homeowner.
- 02
Beneficiary-designated assets
Life insurance, IRAs, 401(k)s, transfer-on-death brokerage and vehicle accounts, payable-on-death bank accounts. How these designations route assets directly to the named person, why they supersede the will, and what happens when no beneficiary is named.
- 03
Intestate succession
What happens when there is no will. The default order of heirs across the U.S., the boundary cases that complicate it (per stirpes vs per capita, half-blood siblings, adopted and stepchildren), and how the rules decide who is allowed to file the affidavit.
- 04
When full probate is unavoidable
The honest page. Six scenarios in which the small-estate-affidavit pathway is the wrong tool — estate exceeds the cap, real property excluded, contested heirship or will, debts exceeding assets, out-of-state property, minor or incapacitated heirs — and what to do instead.