Using a Small Estate Affidavit to Claim Unclaimed Property
Most unclaimed-property claims for deceased relatives can skip probate entirely. Here's how small-estate affidavits work, state by state.
Updated
What the affidavit does
A small-estate affidavit is a sworn statement by the heir (or heirs) that (a) the deceased person's total estate is below the state's small-estate threshold, (b) the affiant is entitled to inherit under the will or intestacy rules, and (c) all other potential heirs consent or have been notified.
Once signed and notarized, it substitutes for a probate court order — banks, states, and other holders are required to honor it.
State thresholds (2026)
California: $184,500 total estate. Texas: $75,000. New York: $50,000. Florida: summary administration up to $75,000. Ohio: $45,000. Illinois: $100,000. Pennsylvania: $50,000.
Thresholds count the GROSS estate value — everything the deceased owned outright. Retirement accounts with named beneficiaries don't count; jointly owned property usually doesn't count.
Filing with the state unclaimed-property office
Submit the affidavit, a certified death certificate, your photo ID, and proof of the deceased's identity. The state verifies against the claim data (name, last address) and usually approves within 30–90 days.
If the combined claim value exceeds the small-estate threshold, you must go through probate. HeirClaim's wizard checks this automatically as claims are added.
Frequently asked questions
Do I need all other heirs to sign?
Most states require it, either directly or via notice. Texas and California are stricter; some states allow a single affiant if they swear no other heirs exist.
What if other heirs disagree?
You must probate formally. A contested small-estate affidavit will be rejected by the state.
How long is the affidavit valid?
No expiration, though some states require it be signed within a year of the decedent's death.
Related guides
How to Claim Unclaimed Money from a Deceased Parent
A step-by-step guide for heirs claiming a deceased parent's unclaimed property, including required documents and probate alternatives.
Unclaimed Property vs. Probate: What's the Difference?
Probate and unclaimed-property claims are separate but overlap. Here's how to tell which process applies and how to use both together.
How to Find Unclaimed Money for a Deceased Relative
Heirs often don't know where a relative had accounts. Here's a systematic way to find unclaimed money in a deceased loved one's name.
Joint Owner Unclaimed Property Claims: What You Need to Know
Joint accounts, survivorship rules, and split claims — what you need to know when filing unclaimed property held jointly.
Check your state's database
Every state runs a free unclaimed-property database. Start with the state where you (or your relative) last lived.