Small Estate Affidavit: How to Collect a Bank Account Without Probate

Someone died with money in a bank account in their name alone, and nobody was named on it. That money belongs to their estate, and the bank needs to know who has the right to collect it. If the estate is small, most states give the family a shortcut: a sworn statement called a small estate affidavit, which lets an heir collect the property without opening a probate case.

The rules are set state by state. Each state picks its own dollar limit, its own waiting period after the death, and what the person signing has to swear to. This page walks through how it works, with the statutes from six states, and points you to your own state's figures.

Before any affidavit, ask the bank one question: did the account name a payable-on-death beneficiary, or have a joint owner? If it did, the money goes to that person directly, and none of this applies. Our guide to payable-on-death accounts explains how that works.

An affidavit is for property that's still in the dead person's name alone, with no one named to receive it.

An affidavit is a statement you sign under oath. The person collecting the property gives it to the bank or whoever holds the property, and that institution can pay out on it. The statements differ by state, but they follow a pattern. In Washington, the person signing swears that:^[1]

• the property subject to probate, less liens and encumbrances, is worth $100,000 or less
• 40 days have passed since the death
• no one has applied to be appointed personal representative, or been appointed, anywhere
• all of the person's debts, including funeral and burial expenses, have been paid or provided for

Minnesota and Virginia ask for a similar list with their own limits and waiting periods.^[2][3] Virginia adds a requirement worth knowing before you start: the affidavit has to be made by all of the known successors.^[2]

Read every line before you sign. You're swearing that the debts are handled and the estate is under the limit, so check both first.

Here's how six states set it, from their statutes, read November 4, 2026:

• Missouri: an estate of $40,000 or less, less liens, debts and encumbrances, 30 days after the death. When the property listed is worth more than $15,000, the clerk publishes a notice to creditors in a local newspaper.^[4]
• Minnesota: a probate estate of $75,000 or less, 30 days after the death.^[3]
• Virginia: a personal probate estate of $75,000 or less, 60 days after the death.^[2]
• Washington: $100,000 or less, 40 days after the death.^[1]
• Wyoming: $400,000 or less, 30 days after the death, the highest limit of the 51 jurisdictions in MORTL's state guides.^[6]
• Florida: no affidavit. A short court process called summary administration covers an estate of $150,000 or less, after property exempt from creditors is set aside, or any estate when the person has been dead more than 2 years.^[5]

Every state's limit, waiting period and form are in its state guide. Some states use an affidavit you hand to the bank. Others, like Florida, use a quick court filing instead. A few count only certain kinds of property toward the limit, so read your state's note before you add things up.

In Washington, Virginia and Minnesota, the affidavit collects personal property: bank accounts, money someone owed the person, and other belongings.^[1][2][3] Many states leave real estate out of the shortcut, so an estate with a house in it can need probate even when its total value is modest. Missouri is one that reaches real estate: the affidavit is recorded with the recorder of deeds in each county where the property sits.^[4] Your state guide says how your state handles a house.

The affidavit also stops working once someone has applied to be personal representative. Every statute above requires that no appointment is pending or has been granted.^{[1][2][3][4][6]}

If the probate estate is worth more than your state's limit, or it includes property the affidavit can't move, someone has to open a probate case and be appointed personal representative before the bank will release the money. Our guides to how probate works and what an executor does cover that process.

Not sure whether the estate is over the limit? The free Do I need probate? checker walks through the basic questions.

1. Ask the bank whether the account had a payable-on-death beneficiary or a joint owner.
2. If it didn't, look up your state's limit and waiting period in your state guide.
3. Add up what's in the person's name alone, the property that would go through probate.
4. Make sure the debts, including the funeral, are paid or provided for.
5. Wait out the waiting period, then ask the bank which affidavit form it accepts and what it needs with it.

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This page is general information from the state statutes it cites, read November 4, 2026. It isn't legal advice for your situation. If the estate is close to the limit, includes real estate, or the family disagrees, talk to a probate attorney in the state where the person lived.