Prepare the affidavit that collects a small estate without probate — the official state form or an affidavit drafted to statute, plus presentation letters. PDF.
Step 1 of 2
The affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.
It is the sworn statement a successor presents to a bank, employer, or other holder of a deceased person's property to collect it without opening probate. The affidavit states that the estate is under the state's dollar limit, the waiting period has run, no personal representative has been appointed, and the signer is entitled to the property.
Each state sets a dollar limit and, in most states, a waiting period after the death. This tool checks the entered estate value and date of death against your state's numbers before preparing the affidavit — an estate over the limit does not qualify, and probate administration applies instead.
Some states publish an official form, which we complete for you. Others enumerate the required contents in statute, so the affidavit is drafted to those requirements with the statutory checklist printed alongside. This tool prepares the document in 38 of 51 jurisdictions; in the rest, the small-estate shortcut runs through a court process or a mandatory form we do not substitute — the state page explains the procedure.
It depends on the state. In most states the affidavit is presented directly to whoever holds the property, with a certified death certificate. In a set of states it is filed with a court, clerk, register, or surrogate first, and collection runs on certified copies. The prepared packet includes your state's presentment or filing instructions.
The affidavit prepared here covers personal property — accounts, final paychecks, vehicles, and similar assets. Most states handle real property through a separate procedure; the state page states how your state treats it.
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