Probate can be time-consuming and expensive — but not all estates have to go through the full probate process. Most states offer simplified procedures for small estates that reduce or eliminate the cost, time, and court involvement involved in settling an estate.
What Is a Small Estate?
The definition of a "small estate" varies dramatically by state — thresholds range from as low as $5,000 in some states to $200,000 or more in others. Most states cluster around $50,000–$75,000, but it's essential to check your specific state's current threshold.
Importantly, only assets that would otherwise go through probate count toward this threshold. Jointly held assets, accounts with TOD/POD designations, retirement accounts, and life insurance all pass outside of probate and don't count.
Common Simplified Procedures
Small Estate Affidavit (Affidavit of Heirship)
The most common simplified procedure. An heir or executor swears an affidavit stating that the estate qualifies as a small estate, that they're entitled to the asset, and that they'll pay valid creditors. Financial institutions and other entities can transfer assets to the affiant without probate court involvement.
Requirements vary by state — some require waiting 30–40 days after death, some require notarization, and some require the affidavit to be filed with the court. Most states provide a form for this purpose.
Summary Administration (Summary Probate)
Some states offer a streamlined probate process for estates below a threshold — faster and less expensive than full probate, but still involving the court. The executor files a petition, inventories assets, pays debts, and receives court approval to distribute assets — all on a simplified timeline.
Spousal Set-Aside
Many states allow a surviving spouse to claim a portion of the estate (or the entire estate, for small estates) with a simplified court procedure. Some states also allow similar procedures for minor children.
How to Determine Whether Your Estate Qualifies
- Identify all assets that would pass through your will or intestate succession (excluding jointly-owned assets, POD/TOD accounts, etc.)
- Look up your state's small estate threshold
- If the probate-eligible assets are below the threshold, your heirs may be able to use simplified procedures
Helping Your Heirs Qualify for Simplified Procedures
You can structure your estate to help keep probate-eligible assets below the small estate threshold:
- Add TOD/POD designations to bank and investment accounts
- Ensure retirement accounts and insurance have current beneficiary designations
- Consider adding joint ownership to property
- Fund a living trust (assets in a trust avoid probate entirely)
See our guide on strategies for avoiding probate for more options.
For the complete picture of financial planning, see our complete guide to organizing your finances for your heirs.