Small Estate Qualification Checker
Find out if your estate qualifies for simplified probate procedures. Small estate affidavits can help you avoid full probate and save $2,000-$10,000 in legal fees.
Check Small Estate Eligibility
Find out if your estate qualifies for simplified probate procedures
About Small Estate Procedures
What are Small Estate Procedures?
Small estate procedures (also called small estate affidavits or summary probate) are simplified processes that allow estates below a certain threshold to bypass full probate court proceedings. This can save thousands of dollars and months of time.
How Much Can You Save?
Full probate typically costs 3-7% of the estate value, while small estate procedures often cost $500-$2,000 in total fees. For a $50,000 estate, this could mean savings of $2,000-$5,000.
Typical Requirements
- Estate value below state threshold
- Certain waiting period after death (usually 30-45 days)
- No real property, or minimal real property value
- All heirs agree to the distribution
- No will contest or disputes
State Thresholds Vary Widely
Thresholds updated as of 2025. Use the tool above to check your specific state.
Frequently Asked Questions
What is a small estate affidavit?
A small estate affidavit is a legal document that allows heirs to claim estate assets without going through full probate court proceedings. It's available when the estate value is below a state-specific threshold and typically requires filing a sworn statement with supporting documents.
How much can I save by using small estate procedures?
Small estate procedures typically cost $500-$2,000 in total fees, compared to full probate which averages 3-7% of estate value. For a $50,000 estate, you could save $2,000-$5,000. For a $100,000 estate, savings could be $5,000-$10,000 or more.
What assets count toward the small estate threshold?
Only probate assets count toward the threshold. This includes assets solely in the deceased's name without beneficiary designations. It does NOT include jointly owned property, assets with designated beneficiaries (life insurance, retirement accounts), or assets in a living trust.
Do I need a lawyer for a small estate affidavit?
While it's possible to complete a small estate affidavit without a lawyer in many states, consulting with a probate attorney is recommended to ensure you meet all requirements and properly value the estate. Many attorneys offer flat-fee services for small estate assistance at $500-$1,500.
How long does the small estate process take?
Small estate procedures typically take 2-4 months from start to finish, compared to 6-18 months for full probate. Most states require a waiting period of 30-45 days after death before you can file the affidavit.
What if my estate is just over the threshold?
If your estate is close to but slightly over the threshold, consult with an estate planning attorney about strategies to reduce the probate estate value. This might include transferring assets before death using beneficiary designations, joint ownership, or a living trust.