Small Estate Probate Exhibit Checklist
Every document you need to settle a small estate by affidavit, from death certificates to asset transfers.
- California allows small estate affidavits for estates up to $208,850 where the death occurred on or after April 1, 2025 (Probate Code § 13100); Texas uses a $75,000 threshold.
- The Uniform Probate Code § 3-1201 provides a model framework, but each state sets its own dollar threshold for small estate procedures.
- Most states require a waiting period of 30-45 days after death before a small estate affidavit can be filed — California requires 40 days, Texas requires 30.
- Real property generally does not qualify for small estate affidavit procedures, even when the total estate value is below the threshold.
- California provides a separate court petition for a decedent's primary residence valued up to $750,000 for deaths on or after April 1, 2025 (Probate Code §§ 13150-13151).
- Filing before the state's waiting period expires can void the affidavit and force the process to restart.
- The small estate probate checklist download requires only an email address and delivers instantly.
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
Get Your Free Checklist
Enter your email and we'll send you the complete Small Estate Probate Exhibit Checklist instantly.
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
See How It Works
Watch how to batch-stamp your probate (small estate) exhibits in minutes.
Ready to Stamp Your Probate (Small Estate) Exhibits?
After organizing with the checklist, use ExhibitPrep to batch-stamp all your documents in minutes. Preview free—pay only when you're ready to download.
Probate (Small Estate) Exhibit Checklist FAQ
What is the small estate threshold in my state?
Small estate thresholds vary widely and are re-indexed periodically. California allows the affidavit procedure for estates up to $208,850 for deaths on or after April 1, 2025 (Probate Code § 13100, adjusted every three years under § 890); the limit was $184,500 for earlier deaths. 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 have a separate court petition for a home: California's, as amended by AB 2016 effective April 1, 2025, reaches only the decedent's primary residence and only up to $750,000 (Probate Code §§ 13150-13151). Check your state's specific rules — you may need a different procedure for the house.