Updates and quick reference (as of October 9, 2025)

• New: See our 50-state small-estate directory for current caps, wait periods, and real-property rules. Use this guide for deep dives on Texas, Florida, and New York, then consult the directory for any other state.
• California note: The California small-estate affidavit cap adjusts every three years for inflation (Cal. Prob. Code §13101; see also §890). Verify the current dollar amount with the statute or your local clerk; the next triennial adjustment occurs in 2025.

Caps and waiting rules at a glance

Introduction

This guide summarizes three high‑volume small‑estate pathways—Texas Small Estate Affidavit, Florida Summary Administration and Disposition Without Administration, and New York Voluntary Administration (SCPA Art. 13). It captures statutory thresholds, timing, filing mechanics, county nuances, and example forms, and it maps where HelloSunset can accelerate discovery, paperwork, and disbursements. Statutes and clerk practices are current as of October 9, 2025; always confirm local clerk requirements before filing.

One‑page quick comparison

Texas: Small Estate Affidavit (SEA)

Statutory basis and threshold

• Texas Estates Code §205.001: Available only if the decedent died intestate; value of estate assets (excluding homestead and exempt property) does not exceed $75,000; assets (excluding homestead/exempt) exceed known liabilities (excluding liabilities secured by homestead/exempt); ≥ 30 days have elapsed; no personal representative (PR) is pending/appointed; judge approval required.

• §205.002: Affidavit must be sworn by all distributees with capacity and two disinterested witnesses; list all known assets and liabilities; identify exempt assets and provide heirship facts.

• §205.006: If the homestead is the only real property, SEA can transfer homestead title; record the approved affidavit in the deed records of any county where the homestead sits.

• §205.008–.009: SEA does not affect disposition under a will and (except for §205.006) does not transfer title to real property; “homestead/exempt” references align to Estates Code §353.051.

Eligibility checklist

• No will (intestate only).

• Total non‑exempt, non‑homestead assets ≤ $75,000.

• Known non‑exempt assets exceed known non‑exempt liabilities.

• 30+ days since death; no PR pending/appointed.

• All distributees (with capacity) and two disinterested witnesses will sign.

Practical county nuances (illustrative)

• Dallas County Clerk (Probate): requires 30 days since death; SEA must be signed and notarized with two disinterested witnesses; 2025 clerk guidance shows an SEA filing fee of approximately $360. Local practice stresses completeness at intake to avoid rejections.

• Travis County: attorneys must e‑file; pro se may e‑file or file in person. The clerk lists a “Small Estate Affidavit” filing line item (~$360) and posts probate e‑filing instructions and menus. Hearings and scheduling are managed by the Probate Court site; confirm current local rules before submission.

• Bexar County (San Antonio): publishes a Small Estate Affidavit form on the Probate Courts Orders & Forms page and highlights pro se availability for SEA; the County Clerk’s Probate Division provides filing logistics and maintains self‑help/clinic references for low‑income filers.

• Harris County: publishes an “Affidavit of Distributees / Small Estate with Judge’s Order of Approval” among downloadable probate forms; clerk and probate courts may require local formatting and supporting attachments.

Notes: Fees and intake rules are county‑controlled; bring certified death certificate(s), heirship details, asset/liability schedule, and, if clearing homestead title, ensure recordation of the court‑approved SEA in the county deed records to perfect the transfer.

Common pitfalls

• Attempting SEA when a will exists; SEA is for intestacy only.

• Exceeding the $75,000 cap once non‑exempt assets are tallied.

• Omitting distributee signatures or failing to provide two disinterested witnesses.

• Not recording the approved affidavit when using SEA to transfer the homestead.

Citations (Texas)

Texas Estates Code §§205.001–205.009 (Small Estate Affidavit); §353.051 (exempt property reference).

Florida: Summary Administration vs. Disposition Without Administration

Summary Administration (streamlined court administration)

• Statute: Florida Statutes §735.201 (Summary administration; nature of proceedings).

• Eligibility: value of entire estate subject to administration in Florida, less exempt property, does not exceed $75,000 OR the decedent has been dead for more than two years (the two‑year mark eliminates creditor claim exposure).

• With or without a will: permitted unless the will directs full administration under chapter 733.

• Output: Court enters an order directing distribution to those entitled; a PR is not appointed.

• Typical filings: Petition for Summary Administration; proposed order; creditor proof/notice as applicable; death certificate; will (if any).

County fee examples (illustrative; confirm locally):

• Miami‑Dade: Summary Admin < $1,000: $236; ≥ $1,000: $346; Disposition Without Administration: $232.

• Broward (17th Circuit): Summary Admin < $1,000: $236; ≥ $1,000: $346; Disposition Without Administration: $232; “opening an estate” (no Letters or summary order) $232.

Disposition Without Administration (informal clerk/court authorization)

• Statute: Florida Statutes §735.301.

• Use case: Decedent leaves only exempt personal property (see §732.402 and Florida Constitution exemptions) plus non‑exempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical/hospital expenses from the last 60 days of the final illness.

• Mechanics: Any interested party applies informally (affidavit/letter). If satisfied, the court authorizes payment/transfer of the decedent’s personal property to pay the qualifying expenses or to those entitled. Authorization protects payors who rely on it.

• Not for real property; not for general distribution beyond statutory limits.

Choosing the right Florida path

• Use Disposition Without Administration when assets are minimal and needed to satisfy allowable final expenses (and otherwise exempt). It is often clerk‑facilitated and pro se friendly.

• Use Summary Administration for estates up to $75,000 (excluding exemptions) or any estate where the decedent has been deceased > 2 years, especially to direct distribution of assets (including Florida real property) without appointing a PR.

Common pitfalls

• Misclassifying exempt vs. non‑exempt items when calculating Summary Administration thresholds.

• Attempting Disposition Without Administration when non‑exempt personal property exceeds eligible expense limits or when real property administration is required.

Citations (Florida)

Florida Statutes §§735.201–735.2063 (Summary Administration) and §§735.301–735.304 (Disposition Without Administration); §732.402 (exempt property).

New York: Voluntary Administration (Small Estates under SCPA Article 13)

Statutory basis and threshold

• SCPA §1301(1): “Small estate” means personal property with a gross value of $50,000 or less, exclusive of property set off under EPTL 5‑3.1(a). Applies to domiciliary or non‑domiciliary decedents with property in New York.

• Availability with or without a will; voluntary administrator is appointed.

• Filing fee: $1 statewide (SCPA §1304(4)).

• Property scope: Solely owned real property is outside Article 13. Jointly held real estate is handled outside the VA proceeding; co‑op shares are treated as personal property in New York and may be handled within VA.

Who may serve and how it works

• With a will: the nominated executor typically applies as Voluntary Administrator; if not, priority passes per SCPA §1303.

• Without a will: closest distributee (priority order per SCPA §1303) may apply.

• Mechanics: File the Affidavit of Voluntary Administration and certified death certificate in the Surrogate’s Court of the decedent’s domicile; the clerk issues short certificates for each asset listed; those certificates evidence authority to collect and distribute.

• No statutory waiting period after death to commence Article 13 (SCPA §1304(1)).

County practice examples

• NYC (New York County): “Small Estates/Voluntary Administration” unit provides checklists, accepts filings in person, by mail, and via NYSCEF; expressly excludes authority to sue for wrongful death/personal injury and to administer real property.

• Statewide support: CourtHelp “Small Estate” guidance and DIY program walk filers through the Article 13 affidavit and instructions.

Common pitfalls

• Counting exempt property toward the $50,000 cap (spousal/minor child exemptions under EPTL 5‑3.1 don’t count toward the limit).

• Attempting to administer solely owned real property via Voluntary Administration.

• Omitting assets from the affidavit; certificates are issued only for listed assets.

Citations (New York)

SCPA §§1301–1306, §1304 (fee); EPTL 5‑3.1 (exempt property). Practice resources: NY Courts CourtHelp “Small Estate” and county Small Estates Departments.

Example forms and what clerks expect (by pathway)

• Texas SEA

• Common titles: “Small Estate Affidavit”; “Affidavit of Distributees/Small Estate with Judge’s Order of Approval” (Harris County); county SEA forms (Bexar, Dallas, etc.).

• Core fields: decedent identity; date/place of death; marital/family/heirship facts; complete asset and liability inventory with exemptions identified; confirmation of no pending PR; distributee signatures; two disinterested witness affidavits; proposed order (if required locally).

• Attachments: certified death certificate; supporting proofs for assets/liabilities; identification for signers; if transferring the homestead, ensure post‑approval recordation.

• Florida Summary Administration

• Common titles: “Petition for Summary Administration”; “Proposed Order of Summary Administration”; “Notice to Creditors” (when applicable); inventory/valuation schedules.

• Attachments: certified death certificate; original will (if any); consents/waivers from beneficiaries; creditor statements/resolutions or two‑year rule statement.

• Florida Disposition Without Administration

• Common titles: “Disposition of Personal Property Without Administration Verified Statement/Affidavit”; clerk cover sheet (varies by county).

• Attachments: itemized funeral invoices/receipts; last 60 days’ medical/hospital bills; asset statements showing amounts to be released; certified death certificate.

• New York Voluntary Administration (SCPA Art. 13)

• Common titles: “Affidavit in Relation to Settlement of Estate Under Article 13 (Small Estate)”; small‑estate checklists; request for short certificates.

• Attachments: certified death certificate; original will (if any); asset list with values and payors; heirship/beneficiary details; address and relationship information for distributees/beneficiaries.

How Hello

Sunset accelerates small‑estate filings

• Asset discovery in days: Automated discovery across bank, investment, insurance, retirement, property, vehicles, and business records helps verify that the estate actually qualifies for a small‑estate path and ensures nothing material is missed. Most families locate assets and liabilities within a business day to a week using Sunset. See How it works.

• County‑specific probate packets: Sunset generates county‑specific probate forms for all 50 states and 3,000+ counties—including SEA packets, Summary Administration petitions, and NY Article 13 affidavits—with e‑notarization where allowed. See How it works.

• Safe consolidation and disbursement: FDIC‑insured estate accounts (up to $3 million) streamline collection and distribution once orders or authorizations issue. Sunset is free to families; revenue comes from partner‑bank interest. See How it works.

• Security and authority: SOC 2 Type II; comprehensive identity/fraud controls; Sunset can act under limited power of attorney for discovery/closures where authorized. See Terms of Use and Privacy Policy.

Practical checklists

Texas SEA quick checklist

• [ ] Decedent died intestate; 30+ days since death; no PR pending/appointed.

• [ ] Non‑exempt, non‑homestead assets ≤ $75,000 and exceed non‑exempt liabilities.

• [ ] All distributees ready to sign; two disinterested witnesses available.

• [ ] Asset/liability schedule and exempt property identified; death certificate attached.

• [ ] If homestead is only real property, plan to record the approved affidavit in deed records.

Florida selection quick checklist

• If assets are needed only to pay funeral/last‑illness bills and otherwise exempt → use Disposition Without Administration (§735.301).

• If estate ≤ $75,000 (excluding exemptions) or death > 2 years → consider Summary Administration (§735.201).

New York VA quick checklist

• [ ] Personal property ≤ $50,000 (exclude EPTL 5‑3.1 exempt property); no solely owned NY real property to administer.

• [ ] Identify eligible filer (executor if will; otherwise closest distributee).

• [ ] Prepare Article 13 affidavit, asset list, and obtain $1 fee; request short certificates for each asset.

References (selected primary authorities and official clerk guidance)

• Texas Estates Code ch. 205 (Small Estate Affidavit); §353.051 (exempt property reference).

• Florida Statutes ch. 735: §§735.201–735.2063 (Summary Administration); §§735.301–735.304 (Disposition Without Administration).

• New York SCPA §§1301–1306; SCPA §1304(4) ($1 fee); EPTL 5‑3.1(a) (exempt property); NY Courts CourtHelp “Small Estate.”

• County examples: Dallas County Clerk Small Estates intake guidance and fee schedule; Travis County Clerk probate e‑filing/menu and SEA fee line item; Bexar County Probate Courts Orders & Forms (Small Estate Affidavit); New York County Surrogate’s Court Small Estates Department (forms, checklists, NYSCEF options).

Important notes

• This content summarizes law and clerk practices and is not legal advice. Eligibility turns on detailed facts (e.g., exemptions, secured debts, jointly held assets). Statutes and fees change; verify with the governing statute and the local clerk before filing.