Small Estate Affidavit Without a Will

Scope of this guide

This guide states intestate and will status rules only for Tennessee, West Virginia, Wyoming, Iowa, and Maryland. Those are the five states named in the plot for this guide. Nothing beyond those five sources is stated. No intestate share, heir order, or distribution rule is stated in this guide for any state, because no intestacy distribution text was opened in the cited sources for this question. The omission of every other state is disclosed at the end of this guide.

Tennessee: the intestate route and the testate fork

Tennessee runs no holder affidavit. A sworn petition goes to the clerk under the Small Estate Probate Act. The test is $50,000 in probate property, which means personal property only. The wait is 45 days from death. The petition must contain the information listed in section 30-1-117(a)(1) through (10), plus an itemized list of property with values and the identity and amount of each creditor. The clerk issues limited letters restricted to the itemized property. A bond with corporate surety in the amount of the property value applies, even if a will waives bond, subject to narrow exceptions for sole heirs, sole beneficiaries, or written consent of all adult heirs and beneficiaries.

The testate fork is called the B fork in the research file. It applies only where the estate is testate, the will distribution differs from intestacy, and the petitioner desires to follow the will. The petitioner must either probate the will as muniment of title under section 32-2-111, or file the original will with witness affidavits or handwriting affidavits deemed sufficient probate for this chapter. The B fork is the testate branch. It must never be described as the intestate route. The default petition route without a will is the intestate route. The word affiant belongs to the pre 2023 chapter and must never be used for the current petition procedure. The section 30-1-117 enumeration is a first open item in the research file. Its contents are not listed in this guide beyond the citation.

West Virginia: testate and intestate forms and the forked wait

West Virginia runs a clerk recorded, certificate issued model. A successor tenders a sworn affidavit for recording to the clerk of the county commission or the fiduciary supervisor. The clerk mails copies to the persons listed and issues a certificate and authorization of small estate. Only the certificate is presented to holders. The decedent must have died domiciled in West Virginia. The estate must own no probate real property and no interest in probate real property. Aggregate probate personal property must not exceed $50,000 at death.

The affidavit contents differ by will status. If a known will exists, the original will is attached and tendered for recording, and the affidavit lists the will nominated personal representative and the will beneficiaries entitled to estate assets. If no known will exists, the affidavit states intestacy with no known will and lists all intestate heirs at law and distributees under West Virginia intestacy law, with names, addresses, and relationships. The statutory form states the no probate real property attestation in a single did not statement. No did or did not checkbox and no $100,000 real estate listing appears in the current form. Older forms and republications carrying those items state dead law since July 9, 2025.

The wait forks by will status. A will nominated personal representative or executor affiant waits at least 30 days since death, with no personal representative appointment application pending or granted in any jurisdiction. Every other affiant waits at least 60 days, with the same no application condition plus the condition that no small estate affidavit has been filed by a will nominated successor. The nominated successor filing preempts the longer lane. A blanket 30 day statement for West Virginia is wrong. No bond, security, or oath is required where no personal representative is appointed. The certificate lives 6 months, with an extension of up to 6 additional months on good cause. Objection runs 30 days after the clerk mailing, not after filing.

Wyoming: one statute affidavit, two court forms

Wyoming has no statute that uses the words small estate. Article 2 of Title 2, Chapter 1 is titled Distribution by Affidavit and Summary Procedure. Section 2-1-201 states one affidavit for testate and intestate estates. No will or intestacy split appears in the section itself. The test is $400,000 for the entire estate located in Wyoming subject to administration, less liens and encumbrances. The wait is not earlier than 30 days after death. The affidavit states entitlement facts including relationship and legal basis, facts about intervening estates, and the absence of other distributees with a right to succeed. If a personal representative application was made outside Wyoming, the affidavit must disclose the proposed or appointed representative, dates, proceeding title, and court. Out of state proceedings do not bar the affidavit. They must be disclosed.

The court forms split by will status. The intestate instructions state eligibility as no will, at least 30 days, personal property owned, the entire Wyoming estate worth no more than $400,000 after debts are subtracted on the form wording, no Wyoming personal representative named or pending, and an affiant in a listed relationship category who is the only person with a right or who will complete the all heirs chart. The form wording after debts are subtracted expands the statute wording less liens and encumbrances. The fork is stated here, not resolved. The testate form allows a claim to all personal property or to specific items, states a Wyoming personal representative statement, mirrors the out of state representative disclosure, and carries an oath and notarial block. Form requirements, including notarization, the all heirs chart, and the filing county instruction, are form contents. None appears in the statute itself. The summary decree section states no geographic qualifier in its value test and covers real property including mineral interests. It is a separate court procedure with publication and objection clocks.

Iowa: filer prongs and will delivery

Iowa section 633.356 states three successor prongs. A testate reasonably ascertainable beneficiary qualifies, including a lifetime trust trustee. An intestate reasonably ascertainable taker qualifies. The Iowa Medicaid agency qualifies only through the Department of Health and Human Services lane in the same section. The test is $100,000 in gross value of personal property distributable by will or intestacy, measured historically at any time since death. No interest in real estate may exist. The wait is 40 days. The affidavit is furnished to the holder, not filed.

The affidavit contains 12 statements. They include the successor names, addresses, tax identification numbers, relationships, and disability status, a certified death certificate, will delivery without probate admission, Department of Health and Human Services and Medicaid statements, pre 2025 tax statements, a creditor promise to the extent of funds received, and a perjury affirmation. Will delivery is not probate admission. That distinction is stated in the section and must never be collapsed. The Department lane states a 90 day clock and a separate court filed variant for a deceased distributee. The vehicle lane is separate and is not stated in this guide.

Maryland: will admission is conditional, not a separate affidavit

Maryland has no affidavit lane. The procedure is a court petition to the Register of Wills by any person entitled under section 5-104. The section was unopened in the research file. No elaboration of the entitled person class is stated here beyond the cross reference. The petition must state a diligent search, a property list, a creditor list including contingent and disputed claims, and pending proceedings. The Register directs a personal representative and letters. Immediate funeral expenses and family allowances are directed at the start.

Will status in Maryland operates through objection and conversion rules, not through a separate affidavit. A will probate objection clock of 6 months appears on a form as a separate fork from the 30 day publication objection clock. The two objection clocks must never be merged. Conversion out of the small estate proceeding applies if the value exceeds $50,000, or exceeds $100,000 if all property is transferred to the spouse, in wording that differs from the test section. No statement is made here that a will must or must not be admitted before the petition, because the cited source states no such admission condition in the passages banked for this guide. The will admission conditional in the plot is therefore stated only as the objection and conversion fork described here, with the unopened section flagged.

Omitted states

No will status rule is stated in this guide for any state other than Tennessee, West Virginia, Wyoming, Iowa, and Maryland. That includes states whose research files state testate or intestate applicability in passing, states whose forms split by will status, and states whose live guides state a will condition in a directory summary. A passing mention is not a banked will status rule for this explainer. The omission is disclosed here. A reader who needs a will status rule for another state must use the state guide for that state.

For small estate procedures in other states, see the Small Estate Affidavits by State directory. For the questions each state procedure answers, see Small Estate Affidavit Questions.

Source

Sources: research files A412 (Tennessee), A432 (Iowa), A444 (Maryland), A448 and A457 (Wyoming), and A450, A451, and A454 (West Virginia). Nothing beyond those five sources is stated. Open flags are disclosed in the companion notes file. No new data was used.

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 in the state where the estate is handled or a lawyer.