Small Estate Probate Exhibit Checklist
Every document you need to settle a small estate by affidavit, from death certificates to asset transfers.
What's Inside
- Certified death certificate
- Original will (if one exists)
- Bank account statements
- Small estate affidavit form
- Total estate value calculation
- + 1 more sections
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Why Use This Checklist?
Confirm your estate qualifies for simplified small estate procedures
Gather every document banks and institutions require before releasing assets
Calculate total estate value against your state's threshold
Complete the small estate affidavit with supporting documentation
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Probate (Small Estate) Exhibit Checklist FAQ
What is the small estate threshold in my state?
Small estate thresholds vary widely. California allows simplified procedures for estates up to $184,500 (Probate Code § 13100). Texas uses $75,000 for small estate affidavits. Many states fall between $25,000 and $100,000. The Uniform Probate Code § 3-1201 provides a model framework, but each state sets its own dollar threshold.
How long do I have to wait before filing a small estate affidavit?
Most states require a waiting period of 30-45 days after the date of death before you can file a small estate affidavit. California requires 40 days, Texas requires 30 days. Filing before the waiting period expires can void the affidavit and force you to start over.
Can I use a small estate affidavit if the decedent owned real property?
In most states, real property does not qualify for small estate affidavit procedures, even if the total estate value is below the threshold. Some states like California have a separate petition for real property valued under $184,500 (Probate Code § 13150). Check your state's specific rules — you may need a different procedure for the house.