In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Alaska, the law provides a simplified process for administering small estates through the use of a small estate affidavit or a summary administration procedure. If the value of the estate is below a certain threshold, which is $50,000 for personal property and $100,000 for real property (as of the knowledge cutoff in 2023), the beneficiaries may use an affidavit to collect the assets without going through formal probate. This affidavit can be presented to the person or institution holding the assets, such as a bank, and upon receipt, they are authorized to release the assets to the beneficiaries. Additionally, Alaska Statutes provide for a summary administration process for small estates, which is a more streamlined court procedure that may be available if the estate qualifies under the state's criteria. This process involves filing a petition with the court, and it can lead to a quicker distribution of assets than the regular probate process. It's important to consult with an attorney to ensure compliance with Alaska's specific requirements and to determine the most appropriate method for administering a small estate.