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The four things that decide whether the affidavit fits.

Each state page surfaces the threshold and the form. These four pages explain the rules behind that figure — what enters the probate estate, what does not, and when a different procedure is the right one.

Verified 2026-05-04
  1. 01Jointly 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.

  2. 02Beneficiary-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.

  3. 03Intestate 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.

  4. 04When 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.