Small Estate Affidavit by State
When a loved one passes away leaving a modest amount of property, many states let you collect their assets with a simple notarized affidavit, instead of a full, expensive probate. Choose your state below to get a free step-by-step guide.
Choose your state
Find your state’s limit, then fill it out, pay, and get it notarized online today
More states are being added. Don’t see yours? You can still notarize an affidavit online from any state.
Does a small estate affidavit need to be notarized?
In almost every state, yes. The affidavit is a sworn statement, and banks and courts require it to be signed in front of a notary before they will release the assets. Online notarization lets you do this over secure video, from anywhere, in minutes.
Ready to notarize your affidavit?
Once your affidavit is prepared, notarize it online in minutes with a commissioned notary, from any state.
Frequently asked questions
What is a small estate?
An estate small enough to skip full probate under your state’s dollar limit. The limit and process vary by state, so use the guide for your state above.
Does it cover real estate?
Usually no. Small estate affidavits generally cover personal property only. Real estate is handled through a separate procedure.
Do I have to wait after the death?
Most states require a waiting period (often 28 to 40 days) before you can use the affidavit. Check your state’s guide.
Can I notarize it if I am out of state?
Yes. Online notarization lets a commissioned notary verify your signature over video from anywhere in the U.S.
This page is general information, not legal advice, and is not affiliated with any government agency or court. Limits and rules change and vary by state; confirm current requirements, or consult an attorney in the relevant state. If you use our online notary partner, NotarEase NYC may earn a referral credit at no extra cost to you.
Small estate affidavit guides
How the process works, whatever state you are in.