Small Estate Affidavits by State
Every state runs its own version of the small estate affidavit, with its own cap, wait, and channel. Texas files with a judge. Colorado never files at all. Oregon files a simple estate affidavit that can move real property. Start with the state where the decedent lived and the property sits.
The six new state guides
Texas. Intestate only, $75,000 on the affidavit date excluding homestead and exempt property, 30 days, filed with the court clerk for judge approval. See Texas Small Estate Affidavit.
Arizona. One statute, two tracks: $200,000 for personal property, presented to the holder after 30 days, and $300,000 for real property, filed in court not sooner than six months, with a certified copy recorded. See Arizona Small Estate Affidavit.
Colorado. Form JDF 999, 10 days, no court filing, notarized and presented to holders, with a year-of-death cap of $88,000 for 2026 deaths. The DMV needs form DR 2712 instead. See Colorado Small Estate Affidavit.
Oregon. Called a simple estate affidavit, $75,000 for personal property plus $200,000 for real property and manufactured homes combined, filed with the probate court after 30 days, with a four-month claim window. See Oregon Simple Estate Affidavit.
Washington. No court filing, $100,000 for the entire probate estate excluding the surviving spouse or domestic partner community property interest, 40 days plus 10 days notice to other successors, with a DSHS copy. See Washington Small Estate Affidavit.
Illinois. Statutory-form affidavit, no court filing, $150,000 for non-vehicle personal property with Secretary of State vehicles listed separately, and a six-item vehicle carve-back for deaths on or after January 1, 2027. See Illinois Small Estate Affidavit.
California guides already on this site
California personal property. A holder-presented affidavit for personal property, with a death-date cap and a 40-day wait stated in the guide. See California Small Estate Affidavit for Personal Property.
California real property of small value. A court-filed affidavit on form DE-305 for one item of real property, with a six-month wait stated in the guide. See California Real Property Small Value Affidavit, Form DE-305.
California primary residence petition. A court petition on form DE-310 for a primary residence, with a hearing and court order, as stated in the guide. See California Petition to Determine Succession to a Primary Residence, Form DE-310.
Tools
Use the Small Estate Affidavit Eligibility Checker to test the cap and wait for Texas, Arizona, Colorado, Oregon, Washington, and Illinois on the numbers you enter. For California, the checker directs you to the California guides, because California figures were not re-verified from official court pages this run. The earlier California Small-Estate Limits Checker covers California death-date limits by procedure.
A bonded title is a different procedure
A bonded title backs a vehicle title with a surety bond where ownership proof is missing. It is not a lien sale and not a small estate procedure. See Bonded Title for a Vehicle With No Title for the Texas procedure and the Colorado contrast.
Source
State guides linked above, each with its own statute sources and open flags. Facts verified 2026-10-31.
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 your state motor vehicle agency or court.
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