North America
Heirs liquidating a manifestly solvent succession by agreement
No value threshold applies. If the succession is manifestly solvent, the heirs may agree to liquidate it without following the Code's liquidation rules (inventory, notices, delays). In exchange they become personally liable for the succession's debts even beyond the value of what they receive. This is the closest Québec statutory analogue to a simplified small-estate procedure.
- Assigned
- All heirs agree to liquidate outside the prescribed rules Deceased
- Starts
- On the heirs' agreement after the opening of the succession Deceased
- Ends
- Property distributed and debts paid (the heirs remain liable personally for any unpaid debts) Estate closed
Something missing or wrong for Canada — Québec?
Civil Code of Québec, art 779; Civil Code of Québec, art 613
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — uniform/model law + federal?
UPC §3-1201; UPC §3-1202
US — Arizona differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- Wages to a surviving spouse (≤$5,000) at any time after death; personal property (≤$200,000 net) 30 days after death; real property (≤$300,000 net) six months after death by affidavit of succession filed with the court Deceased
- Ends
- Property paid, delivered or title changed; the rights of heirs and devisees under §14-3901 are unaffected Estate closed
Something missing or wrong for US — Arizona?
UPC §3-1201; A.R.S. § 14-3971
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Successor of decedent signs affidavit or declaration under penalty of perjury Deceased
- Starts
- 40 days have elapsed since death, no administration pending (or PR consents), and gross California real and personal property (excluding §13050 property) is within the cap for the date of death Deceased
- Ends
- Property collected/transferred; affiant remains answerable to a later-appointed personal representative or persons with superior right Estate closed
Something missing or wrong for US — California?
Cal. Prob. Code §13101; Cal. Prob. Code §13100; Cal. Prob. Code §13050
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Colorado?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Delaware?
UPC §3-1201; UPC §3-1202
US — Florida differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Surviving spouse, else adult child, else adult descendant, else parent, signs sworn affidavit to a financial institution for qualified sole-name accounts totaling no more than $2,000 Deceased
- Starts
- Financial institution may not pay earlier than 6 months after death Deceased
- Ends
- Payment made (affiant personally liable to creditors and rightful takers for excess) Estate closed
Something missing or wrong for US — Florida?
Fla. Stat. §735.303 (2026); Fla. Stat. §735.303(2) (2026)
US — Idaho differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, the successor presents an affidavit stating that the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000 and that no personal representative has been appointed or applied for Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Idaho?
UPC §3-1201; Idaho Code § 15-3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Affiant executes statutory small estate affidavit: no letters outstanding or contemplated; personal estate (excluding registered motor vehicles) not over $150,000 Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Holder pays or delivers per affidavit; refusal recoverable by civil action Estate closed
Something missing or wrong for US — Illinois?
755 ILCS 5/25-1; 755 ILCS 5/25-1(a-5)(1); UPC §3-1201; 755 ILCS 5/25-3
US — Indiana differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- A distributee, or someone acting on their behalf, makes the §29-1-8-1(b) affidavit — having first notified every other distributee named in it Deceased
- Starts
- Forty-five days after the death, on presentation of the affidavit; five days for a motor vehicle or watercraft Deceased
- Ends
- Delivery or payment of the property; or an application for a personal representative, which the affidavit must swear is not pending Estate administration
Something missing or wrong for US — Indiana?
Ind. Code § 29-1-8-1
US — Iowa differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Iowa?
UPC §3-1201; UPC §3-1202
US — Kansas differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Kansas?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Kentucky?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Small succession affidavit where the gross value is $200,000 or less, or of any value where death occurred at least twenty years earlier Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Louisiana?
La. Code Civ. Proc. art. 3421; UPC §3-1201; UPC §3-1202
US — Maine differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents an affidavit that the entire estate wherever located, less liens and encumbrances, does not exceed $40,000 as adjusted for inflation, and that no personal representative application is pending or granted Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Maine?
UPC §3-1201; Me. Rev. Stat. tit. 18-C, §3-1201; Me. Rev. Stat. tit. 18-C, §1-108; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Maryland?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Affidavit filed after 30 days where the estate is entirely personal property not exceeding $25,000, plus a motor vehicle Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Massachusetts?
Mass. Gen. Laws ch. 190B, §3-1201; UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Successor presents the death certificate and a sworn statement, no earlier than 28 days after death Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Michigan?
Mich. Comp. Laws §700.3983; UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, on a certified death record and an affidavit that the entire probate estate net of liens does not exceed $75,000 — claimable by a successor or by a state or county agency with a §256B.15 medical-assistance claim Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Minnesota?
UPC §3-1201; Minn. Stat. § 524.3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Missouri?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Nebraska?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Affidavit executed before the county surrogate or the Superior Court; the threshold and conditions depend on whether a spouse or partner survives Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — New Jersey?
N.J. Stat. §3B:10-3; N.J. Stat. §3B:10-4; UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Eligible person (spouse; adult distributee relatives; guardian of distributee; county chief fiscal officer; named executor if testate) files affidavit and death certificate with Surrogate's Court Deceased
- Starts
- No waiting period after death; authority evidenced by short certificate. Personal property gross value $50,000 or less (excluding EPTL 5-3.1(a) set-off) Deceased
- Ends
- Appointment and qualification of another fiduciary (voluntary administrator's powers cease) Estate administration
Something missing or wrong for US — New York?
N.Y. Surr. Ct. Proc. Act §1303; N.Y. Surr. Ct. Proc. Act §1304; N.Y. Surr. Ct. Proc. Act §1301; N.Y. Surr. Ct. Proc. Act §1306
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, where intestate personal property net of liens does not exceed $20,000 Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — North Carolina?
UPC §3-1201; N.C. Gen. Stat. §28A-25-1; UPC §3-1202
US — Ohio differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- Probate court orders the estate released from administration Estate administration
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Ohio?
UPC §3-1201; Ohio Rev. Code §2113.03; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Oklahoma?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Any party in interest petitions the orphans' court division where gross personal property does not exceed $50,000 Deceased
- Starts
- Court directs distribution, in its discretion, whether or not letters have issued or a will has been probated Estate administration
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Pennsylvania?
20 Pa.C.S. §3102; UPC §3-1202; UPC §3-1201
US — Texas differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- All capable distributees and two disinterested witnesses swear to affidavit listing assets, liabilities and heirship facts Deceased
- Starts
- Decedent died intestate, 30 days have elapsed, no PR petition pending or granted, non-exempt assets (excluding homestead and exempt property) do not exceed $75,000, and the judge approves the filed affidavit Deceased
- Ends
- Assets delivered; distributees remain accountable to later-appointed PR and to persons with prior rights Estate closed
Something missing or wrong for US — Texas?
Tex. Est. Code §205.002; Tex. Est. Code §205.001; Tex. Est. Code §205.007
US — Utah differs from the US model
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Utah?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Virginia?
UPC §3-1201; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 40 days after death, where probate assets net of liens do not exceed $100,000 Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — Washington?
UPC §3-1201; Wash. Rev. Code §11.62.010; UPC §3-1202
Successor collecting personal property by small-estate affidavit
For a small estate, a person entitled to the decedent's personal property can collect it by affidavit 30 days after death, without court appointment. Anyone who pays or delivers property to them is protected as if they had dealt with a personal representative.
- Assigned
- Death; person is a successor entitled to payment or delivery Deceased
- Starts
- 30 days after death, presents affidavit (entire estate net of liens ≤ $25,000; no PR application pending or granted) Deceased
- Ends
- Property paid/delivered; affiant remains answerable to any PR or person with superior right Estate closed
- PR application filed or granted (affidavit condition fails) Estate administration
Something missing or wrong for US — West Virginia?
UPC §3-1201; UPC §3-1202