Introduction

A small‑estate affidavit is a statutory shortcut for transferring a decedent’s probate personal property without opening a full court probate. It is usually limited by dollar thresholds and has a short waiting period before use. Real property is often excluded or handled by different summary procedures. This guide gives a universal, state‑agnostic checklist; explains what counts (and what does not); clarifies the common 30‑ or 40‑day waits; defines the “holder packet” you present to a bank, broker, or agency; and includes quick‑starts for California, Texas, and New York.

Universal checklist (works in most states)

• Confirm that the asset is probate property.

• Non‑probate assets (e.g., Pay‑on‑Death/Transfer‑on‑Death accounts, joint tenancy with right of survivorship, and assets passing by beneficiary designation or revocable trust) generally bypass probate and do not count toward small‑estate caps. Resources from the American College of Trust and Estate Counsel describe POD/TOD mechanics, pitfalls, and how beneficiary forms override wills.

• Verify your state’s eligibility conditions and wait period.

• Examples of 40‑day states: California small‑estate affidavits for personal property require 40 days after death; Washington’s “successor” affidavit is valid after 40 days.

• Examples of 30‑day states: Arizona allows collection of personal property by affidavit after 30 days; Texas permits a court‑approved Small Estate Affidavit when 30 days have elapsed and other statutory conditions are met.

• Check the dollar limit for your decedent’s date of death.

• Limits vary by state and are sometimes inflation‑adjusted. California, for example, updates small‑estate thresholds triennially; for deaths on or after April 1, 2025, the personal‑property affidavit limit is $208,850 per Judicial Council Form DE‑300.

• Confirm no probate is pending (or obtain written consent from the appointed personal representative if your state allows affidavit use despite a pending case).

• Draft the affidavit with all required statements for your jurisdiction (typical elements include: affiant’s identity and status as successor, date/place of death, that the wait period has elapsed, that no personal representative has been appointed, a description of each asset claimed, and—where required—that debts/final expenses are paid or provided for). See state content rules for example language.

• Assemble the “holder packet.” In most states, plan to present:

• Government ID for the successor(s).

• Certified death certificate.

• The executed affidavit (notarization often requested by institutions even if the statute does not require it). In California, notarization is not mandatory but commonly requested by institutions.

• Any state‑specific extras (e.g., court‑certified SEA copies in Texas, or Surrogate’s Court certificates in New York).

• Present to the right place:

• “Direct‑to‑holder” states (e.g., CA, WA, AZ): deliver the packet to the bank, broker, transfer agent, or agency that holds the property.

• “Court‑first” states (e.g., TX SEA; NY voluntary administration): file with the court, obtain certified copies/certificates, then deliver to holders.

• Retain records and distribute properly. Holders are generally discharged if they rely in good faith on a compliant affidavit. Affiants are accountable to persons with superior rights and to any later‑appointed personal representative (see WA and TX statutes for details).

What counts (and what’s excluded)

• Typically counts toward the small‑estate cap: solely owned bank/brokerage cash and securities; titled personal property in the decedent’s name alone; miscellaneous personal property; certain debts owed to the decedent.

• Common exclusions (do not count toward caps and transfer outside probate):

• POD/TOD accounts, beneficiary‑designated assets (life insurance, many retirement accounts), and joint tenancy with right of survivorship; see American College of Trust and Estate Counsel discussions about POD/TOD.

• Assets already titled to (or payable to) a living trust.

• In many states, the primary residence may be handled under distinct summary procedures rather than the basic “personal‑property” affidavit. California’s 2025 updates adjust several summary paths.

State quick‑starts (examples)

California (personal‑property affidavit)

• Wait period: 40 days after death.

• Dollar cap for personal property by date of death (Probate Code § 13100 adjusted via § 890/DE‑300):

• Before Apr 1, 2022: $166,250; Apr 1, 2022–Mar 31, 2025: $184,500; On/after Apr 1, 2025: $208,850.

• Real property: do not use the basic affidavit to retitle real estate; distinct procedures apply (e.g., DE‑305 for small‑value real property; 2025 legislation added a primary‑residence pathway).

• Holder duties and protection: a compliant affidavit generally compels transfer and discharges the holder.

Texas (Small Estate Affidavit “SEA”)

• Wait period: at least 30 days since death.

• Eligibility core: decedent died intestate; estate’s assets (excluding homestead and exempt property) do not exceed $75,000 and exceed known liabilities (excluding those secured by homestead or exempt property); no personal‑representative petition is pending.

• Formalities: affidavit sworn by two disinterested witnesses and all adult distributees, filed in the proper court and approved by the judge before use; deliver certified copies to each holder.

• Effects: holders who pay/transfer under an approved SEA are released; distributees/affiants are accountable to persons with prior rights and any later‑appointed representative.

New York (Voluntary Administration “small estate”)

• Court‑facilitated process (not a direct‑to‑holder affidavit). File an Affidavit of Voluntary Administration in Surrogate’s Court (often a $1 filing fee).

• Threshold: personal property ≤ $50,000 (real property generally excluded unless jointly owned).

• Output: the court issues certificates authorizing collection; present those to holders to collect and distribute.

The “holder packet,” by pathway (what to take and where)

How Hello

Sunset helps (fast, accurate, always free to families)

• Automated probate document generation for all 50 states and 3,000+ counties, with e‑notarization where available.

• End‑to‑end estate workflow: asset discovery across banks, brokerages, insurance, property records, vehicles, business interests, and debts; setup of an FDIC‑insured estate account; consolidation and distribution. Always 100% free to users—funded by bank‑partner interest.

• Security and compliance: SOC 2 Type II; rigorous identity/fraud controls.

• Authorized assistance when you want it: per Terms of Use, an executor can authorize HelloSunset to act for the estate for discovery/closure, preserving user control at each step.

Additional references (official rules cited above)

• California: Probate Code §§ 13100–13106.5; DE‑300; California small‑estate guide.

• Texas: Estates Code ch. 205.

• Washington: RCW 11.62.010.

• Arizona: A.R.S. § 14‑3971.

• New York: Small Estate—Voluntary Administration; New York DIY program.