General information · not a substitute for the advice of an attorney · Valoren is a publisher, not a law firm.
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The small estate affidavit, and each state’s own route for a smaller estate
Where a state’s law lets a smaller estate be settled without full probate, this page carries that state’s own words on how, one state at a time: who may use the route, what it covers and what the paperwork must say. Each card is headed with the state’s own name for its route, which is an affidavit in some states and something else in others. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in that state; nothing on this page decides it.
Every fact dated, in the official words
Each state’s own law
Every quotation checked October 11, 2026 – October 16, 2026
Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.
§1Small estates in California
if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will…
California · general information · checked October 11, 2026 · Cal. Prob. Code §13100
The values in the left column apply to property of a decedent who died between April 1, 2022, and March 31, 2025. The values in the right column apply to property of a decedent who died on or after April 1, 2025.
these values will next be adjusted April 1, 2028.
What it applies to
Died on or after April 1, 2022 and before April 1, 2025
Died on or after April 1, 2025
§§13100/13101 affidavit
$184,500
$208,850
§13151 primary residence petition
$184,500
$750,000
§13200 real property of small value
$61,500
$69,625
§§6602/6609 set-aside
$95,325
$107,900
§13050(c) wages excluded
$18,450
$20,875
For a death before the earlier of those dates, the court’s simple-transfer page gives these amounts:
What it applies to
Died before April 1, 2022
§§13100/13101 affidavit
$166,250
§13151 primary residence petition
$166,250
§13200 real property of small value
$55,425
§§6602/6609 set-aside
$85,900
§13050(c) wages excluded
$16,625
California · general information · checked October 11, 2026 · Judicial Council form DE-300
Assembly Bill 2016 made two important changes to the law for real property. It raised the maximum value of real property for certain petitions to $750,000. It limited this procedure to the decedent's main home in California. This applies to real property petitions under Probate Code sections 13150–13157.
an affidavit or declaration furnished under Probate Code section 13101
Petition to Determine Succession to Primary Residence (form DE-310)
Affidavit re: Real Property of Small Value (form DE-305)
Spousal or Domestic Partner Property Petition (form DE-221)
California · general information · checked October 11, 2026 · selfhelp.courts.ca.gov; form DE-300
The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative … if: (1) 30 days have elapsed since the date of the decedent's death; (2) no petition for the appointment of a personal representative is pending or has been granted;
(3) the value of the estate assets on the date of the affidavit …, excluding homestead and exempt property, does not exceed $75,000;
(4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate; (5) the judge approves the affidavit as provided by Section 205.003; and (6) the distributees comply with Section 205.004.
be sworn to by: (A) two disinterested witnesses; (B) each distributee of the estate who has legal capacity; and (C) if warranted by the facts, the natural guardian or next of kin of any minor distributee…
include: (A) a list of all known estate assets and liabilities; (B) the name and address of each distributee; and (C) the relevant family history facts concerning heirship…
(b) A list of all known estate assets … must indicate which assets the applicant claims are exempt.
The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of this chapter.
If a decedent's homestead is the only real property in the decedent's estate, title to the homestead may be transferred under an affidavit…
Each person who executed the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.
Texas · general information · checked October 11, 2026 · Tex. Est. Code §§205.003, 205.006(a), 205.007(c)
Upon the filing of a petition therefor in the court of the proper county by any interested person and after ascertainment of heirship of the decedent and admission of the will, if any, to probate, if it appears to the court that: (a) the gross value of the decedent's real and personal estate subject to administration in this State as itemized in the petition does not exceed $100,000;
(b) there is no unpaid claim against the estate, or all claimants known to the petitioner … are listed in the petition; (c) no tax will be due…
Illinois · general information · checked October 16, 2026 · 755 ILCS 5/9-8 (P.A. 99-143, eff. 7-27-15)
if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will…
California · general information · checked October 11, 2026 · Cal. Prob. Code §13100
be sworn to by: (A) two disinterested witnesses; (B) each distributee of the estate who has legal capacity; and (C) if warranted by the facts, the natural guardian or next of kin of any minor distributee…
include: (A) a list of all known estate assets and liabilities; (B) the name and address of each distributee; and (C) the relevant family history facts concerning heirship…
(b) A list of all known estate assets … must indicate which assets the applicant claims are exempt.
Texas · general information · checked October 11, 2026 · Tex. Est. Code §205.002
