Editorial
Editorial process and review schedule
What we publish
Estate Affidavit Guide publishes state-specific informational operational guides for two instruments: the small estate affidavit (used to collect a decedent's bank accounts, vehicles, and other personal property without full probate, capped by a statutory dollar ceiling) and the affidavit of heirship (used to establish heirship, most often for real property title, with no statutory dollar cap). Every state guide states the statutory cap or requirement, the citation to the governing probate code section, the official form where the state publishes one, any statutory waiting period after death, and documented friction points when presenting the affidavit to a bank, DMV, or title company.
Sourcing standards
- Every operational claim cites the state's own probate code section, a state court self-help page, or a recognized industry aggregator — never a secondhand summary.
- Citations point directly to the statute text or source URL, not to an intermediate blog post.
- Where a state publishes an official fill-in form, we link to it. We never host or "improve" the form.
- Where a state does not publish a fill-in form, we say so plainly and describe the statutory requirements a compliant affidavit must meet, sourced to the statute itself.
The governing statute behind each state we cover:
- Alabama — Small Estates Act (Summary Distribution) (Ala. Code §§43-2-690 through 43-2-698 (Revised Alabama Small Estates Act, Act 2025-431, eff. 10/1/2025))
- Arizona — Small Estate Affidavit (A.R.S. §§ 14-3971(B)–(D), 14-3972)
- California — Small Estate Affidavit (Probate Code § 13100)
- California — Affidavit re Real Property of Small Value (Probate Code § 13200)
- California — Petition to Determine Succession to Primary Residence (Probate Code §§ 13150-13158)
- Colorado — Small Estate Affidavit (C.R.S. §§ 15-12-1201, 15-12-1202)
- Florida — Summary Administration (Florida Statutes § 735.201)
- Florida — Disposition of Personal Property Without Administration (Florida Statutes § 735.301)
- Georgia — Petition for Order Declaring No Administration Necessary (O.C.G.A. § 53-2-40 et seq.)
- Georgia — Banking Affidavit of Surviving Relative (O.C.G.A. § 7-1-239)
- Hawaii — Affidavit for Collection of Personal Property of the Decedent (HRS § 560:3-1201 (Collection of Personal Property by Affidavit))
- Indiana — Small Estate Affidavit (Indiana Code § 29-1-8-1)
- Indiana — Devolution Affidavit (Indiana Code § 29-1-7-23)
- Iowa — Distribution of Property by Affidavit (Iowa Code § 633.356)
- Iowa — Summary Administration (Iowa Code § 635.1)
- Kansas — Small Estates Affidavit (K.S.A. 59-1507b)
- Kansas — Determination of Descent (K.S.A. 59-2250)
- Louisiana — Small Succession Affidavit (La. Code Civ. Proc. arts. 3421, 3431, 3432, 3432.1, 3433, 3434 (Small Successions))
- Maine — Collection of Personal Property by Affidavit (18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit))
- Michigan — Small Estate Affidavit (MCL 700.3983)
- Michigan — Petition for Assignment (MCL 700.3982)
- Minnesota — Small Estate Affidavit (Minn. Stat. §§ 524.3-1201, 524.3-1202)
- Minnesota — Decree of Descent (Minn. Stat. §§ 525.31-525.313)
- Mississippi — Small Estate Affidavit (Affidavit of Successor) (Miss. Code Ann. § 91-7-322)
- Missouri — Small Estate Affidavit (RSMo § 473.097)
- Missouri — Determination of Heirship (RSMo § 473.663)
- New Jersey — Small Estate Affidavit (N.J.S.A. 3B:10-3 / 3B:10-4)
- New Mexico — Collection of Personal Property by Affidavit (NMSA 1978 §§ 45-3-1201, 45-3-1202 (Collection of Personal Property by Affidavit))
- North Carolina — Small Estate Affidavit (N.C. Gen. Stat. §§ 28A-25-1 and 28A-25-1.1)
- Ohio — Release from Administration (R.C. 2113.03)
- Ohio — Summary Release from Administration (R.C. 2113.031)
- Ohio — Survivorship Affidavit (R.C. 5302.17; R.C. 5302.20)
- Oklahoma — Small Estate Affidavit (58 O.S. § 393)
- Oklahoma — Petition for Summary Administration (58 O.S. §§ 245-247)
- Pennsylvania — Payments to Family and Funeral Directors (20 Pa. C.S. § 3101)
- Pennsylvania — Settlement of Small Estates on Petition (20 Pa. C.S. § 3102)
- Pennsylvania — Affidavit of Heirship for Real Property (21 P.S. §§ 451-453)
- Tennessee — Small Estate Affidavit (Tenn. Code Ann. §§ 30-4-101 to 30-4-105 (The Small Estate Probate Act))
- Texas — Small Estate Affidavit (Estates Code Chapter 205)
- Texas — Muniment of Title (Estates Code Chapter 257)
- Texas — Affidavit of Heirship (Estates Code Chapter 203)
- Virginia — Small Estate Affidavit (Va. Code Ann. §§ 64.2-600 to 64.2-605 (the Virginia Small Estate Act))
- Washington — Small Estate Affidavit (RCW 11.62.010)
- Wisconsin — Transfer by Affidavit (Wis. Stat. § 867.03)
- Wisconsin — Termination of Decedent's Interest (Wis. Stat. §§ 867.045, 867.046(2))
Author and how we verify accuracy
Author: James Whitfield, researcher. The author is not an attorney and does not advise on individual situations. The author is solely responsible for content.
Unlike some sites, we don't put an attorney's name on this content to imply a legal sign-off — because we've built something we think is actually more verifiable than that: every operational claim on this site links directly to the state's own published probate code or official form, not a summary or a paraphrase you have to take on faith. You can check any claim yourself against the primary source in a click. It's also how we stay inside our own editorial rules: we explain and cite what the state has already published; we never draft affidavit language or tell a reader whether their specific estate qualifies — so there's no legal-judgment layer in this content for a reviewer to bless in the first place.
Annual update cadence
Each state page is reviewed annually, immediately after any legislative session that could change a statutory dollar cap or filing requirement. Statutory cap figures and waiting-period lengths are re-verified against the current probate code text. State agency and form URL citations are re-checked for validity.
In addition to the annual refresh, pages are reviewed quarterly for citation rot, broken statute links, and reader-reported corrections.
Correction policy
If you find content on this site that does not match what your state's probate code publishes, please email support@estateaffidavitguide.com with the page URL, the disputed claim, and the statute citation that supports your correction. Confirmed corrections are made within five business days, and the page's last-reviewed date is updated to reflect it.
What we will not do
- Draft, host, or distribute affidavit instrument text.
- Customize a kit based on a buyer's family situation.
- Tell a reader whether their estate qualifies — we cite the statutory threshold; the reader compares their own facts.
- Give advice over phone, chat, or email about an individual situation.
- Sell email addresses or share buyer data with attorneys, preparers, or referral services.
- Publish a state's product until we've confirmed the state actually provides a statutory small estate or heirship affidavit mechanism, cited to the probate code itself.
Conflicts of interest
Estate Affidavit Guide accepts no advertising, no affiliate revenue, no referral fees, and no sponsorships. Our only revenue is direct sale of state kits and the professional subscription tier described on our for organizations page. We do not pay for placement on attorney directories or aggregators. We do not pay for backlinks.