Free Small Estate Affidavit

Prepare the affidavit that collects a small estate without probate: the official state form or an affidavit drafted to statute, plus presentation letters. PDF.

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Your Information

The affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

Email Address*

FREE & PRIVATE: This form is free—no account or credit card required. Your document contents and generated PDF never leave your browser—SimplyTrust does not transmit or store them. Contact details you provide (name, email, phone, state) are transmitted only to send the updates you agree to receive at download. You are responsible for saving your completed document.

SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

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.

Frequently Asked Questions

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.

How Small Estates Skip Probate

Most states let a successor collect a small estate's property without opening probate: a sworn affidavit, presented to the bank or other holder of the property, that states the estate is under the state's dollar limit, the waiting period has run, and no personal representative has been appointed.

The mechanics vary by state. Some states publish an official affidavit form the successor completes; others enumerate the required contents in statute and the successor drafts the affidavit. In a set of states the affidavit is filed with a court or clerk first, and a few states run small estates through a court process with no affidavit at all — for those, the state page explains the procedure.

Each state sets its own dollar limit and waiting period. This tool checks both before preparing the affidavit — an estate over the limit is administered through probate instead.

Select your state to prepare the affidavit the way your statute prescribes, along with a presentation letter for each holder of property.

Is this your situation?

Get a complete guide for your specific circumstances.

Named as Executor

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Death of a Parent

A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.

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Loss of a Spouse

What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.

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Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Much Can an Executor Charge?

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Can I Self-File Probate?

Find out if you can handle probate yourself with estimated cost savings and a filing checklist.

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How Do I Get Appointed as Executor?

See the court, petition, bond, and documents needed to be appointed and receive your Letters.

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What Are the Creditor Claim Deadlines?

Find creditor claim deadlines, notice requirements, and payment priority order for your state.

Check Deadlines

What Happens When an Estate Is Insolvent?

See the order your state pays an insolvent estate's debts and which claims go unpaid.

Check the Payment Order

How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

See Bank Requirements

What Is the Estate's Personal Property Worth for Probate?

Estimate the fair market value of household items for probate and see how it affects fees.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate.

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All tools

Frequently Asked Questions

How Small Estates Skip Probate

Each state sets its own dollar limit and waiting period. This tool checks both before preparing the affidavit — an estate over the limit is administered through probate instead.

Select your state to prepare the affidavit the way your statute prescribes, along with a presentation letter for each holder of property.

Free Small Estate Affidavit

Your Information

Frequently Asked Questions

Is this your situation?

Named as Executor

Death of a Parent

Loss of a Spouse

Forms for Settling an Estate

Petition for Probate and Letters

Notice to Creditors

Renunciation of Executor

Affidavit of Heirship

Estate Inventory

Estate Closing

Letter of Instruction

Digital Assets Recovery Letter

Tools for Settling an Estate

How Much Can an Executor Charge?

Can I Self-File Probate?

How Do I Get Appointed as Executor?

What Are the Creditor Claim Deadlines?

What Happens When an Estate Is Insolvent?

How Do I Open an Estate Account When Someone Dies?

What Is the Estate's Personal Property Worth for Probate?

How Much Does Probate Cost?

Your kids shouldn't have to do this.

Free Small Estate Affidavit

Your Information

Frequently Asked Questions