How much can a small estate be worth?

It depends on the state and the lane. Virginia: $75,000 affidavit lane, $35,000 no-affidavit lane. Idaho and Nebraska: $100,000. Delaware: $50,000. New Jersey: $50,000 spouse track, $20,000 heirs track. Michigan: $50,000 as adjusted ($51,000 for 2025 deaths). Several states run formula tests with no flat cap at all.

How long must pass before a small estate affidavit?

60 days in Virginia's affidavit and no-affidavit lanes (30 days for the funeral lane), 30 days in Idaho, Nebraska, and Delaware, 28 days for Michigan's affidavit track, and no waiting period stated for New Jersey's tracks.

Does a small estate affidavit need a court filing?

Usually not for the affidavit lane itself: Virginia, Idaho, and Nebraska present the affidavit to the holder. Delaware issues through the Register of Wills. New Jersey executes before the Surrogate. Michigan's assignment track is a court order; its affidavit track is not.

Small Estate Affidavit Questions

How much? The limits, side by side

State	Limit	Test
Virginia	$75,000 affidavit / $35,000 no-affidavit	Entire personal probate estate (affidavit) / single small asset (no-affidavit); real property excluded
Idaho	$100,000	Fair market value of the entire estate subject to probate, less liens and encumbrances
Nebraska (personal)	$100,000	All personal property wherever located, less liens and encumbrances
Nebraska (real property)	$100,000	Nebraska real-property interest on assessment-roll value, less taxes and interest due at death
Michigan	$50,000 as adjusted ($51,000 for 2025 deaths)	Entire estate net of liens (affidavit, no real property) / balance of gross estate after funeral and burial (assignment)
Delaware	$50,000	Personal estate other than § 1901(b)/(c) and jointly owned property; no lien deduction stated
New Jersey (spouse/partner)	$50,000	Total real and personal assets; first $10,000 free from debts
New Jersey (heirs)	$20,000	Total real and personal assets; written consent of all remaining heirs
California, Texas, Arizona, Colorado, Oregon, Washington, Illinois	See the state guides	Formula and cap tests differ by state; the by-state directory links each guide

How long? The waiting periods

State	Waiting period
Virginia	60 days (affidavit and no-affidavit lanes); 30 days (funeral lane)
Idaho	30 days
Nebraska	30 days (both lanes)
Michigan	28 days (affidavit track)
Delaware	30 days
New Jersey	No waiting period stated in either track

Who may file, and where does the paper go?

State	Who	Where the affidavit goes
Virginia	All known successors (affidavit lane)	To the holder
Idaho	The claiming successor, including a trustee under a will; the Department of Health and Welfare as deemed successor for Medicaid recovery	To the holder
Nebraska	The claiming successor; all claiming successors sign the real-property affidavit	To the holder (personal) / register of deeds (real property)
Michigan	The successor (affidavit) / petitioner on Form PC 556 (assignment)	To the holder (affidavit) / the court (assignment)
Delaware	Broad class: spouse, grandparent, lineal descendant of a grandparent, their representatives, guardian/trustee, trust trustee, funeral director, named executor	Register of Wills affidavit, furnished to the holder
New Jersey	Surviving spouse/partner (Track 1) / one heir with all heirs' consent (Track 2)	Surrogate of the county, filed and recorded

Does real property count?

Virginia: excluded from every lane. Idaho: the affidavit test covers the entire estate subject to probate; the spouse track's real-property scope is unopened. Nebraska: real property has its own lane and test. Michigan: the affidavit track requires no real property; the assignment track includes it with a capped mortgage deduction. Delaware: Delaware real estate, solely or as a tenant in common, bars the affidavit. New Jersey: real property counts inside the single real-plus-personal test and passes under the affidavit.

What if the holder refuses?

Every state with an affidavit lane makes refusal compellable on proof of right: Virginia (§ 603, plus damages), Idaho (§ 1202, no damages multiple stated), Nebraska (§ 126, no damages multiple or fee-shifting stated), Michigan (§ 3984), Delaware (Court of Chancery, § 2307), New Jersey (the affiant holds administrator rights and is suable and accountable). A holder that pays on a compliant affidavit is discharged as if dealing with a personal representative in all six states.

What does it cost?

No affidavit-lane filing fee is stated in the Virginia, Idaho, Nebraska, or Michigan affidavit sections. Delaware states no statewide fee; county fees differ. New Jersey's fee statute states $5 per $100 capped at $50, waived at $200 or less, in bracketed text naming pre-2016 thresholds — quoted, never corrected — with restructuring bills proposed only. Do not budget from a secondary site's fee figure; the court, Register, or Surrogate states the current figure.

The state guides behind the answers

Small Estate Affidavits by State. Every state guide in the family, including the six new states in this batch: Virginia, Idaho, Nebraska, Michigan, Delaware, and New Jersey.

Source

Sources: the state small-estate guides on this site, verified on the dates stated in their own Source sections; the six new state guides in this batch, verified 2026-10-31–2026-11-01. Facts verified 2026-11-01. Open flags: the table compresses section-level rules — where a table cell and a state guide differ, the state guide controls; the California, Texas, Arizona, Colorado, Oregon, Washington, and Illinois cells link to the state guides rather than restating their tests here.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the court or a lawyer.