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 Washington State, the law provides for a simplified process to administer small estates through the use of a small estate affidavit. This process is governed by RCW 11.62.010, which allows for the collection of personal property by an heir or devisee without formal probate proceedings if the total value of the personal property does not exceed $100,000. To utilize this process, the heir or devisee must wait at least forty days after the decedent's death and then provide a signed affidavit to the entity holding the assets, such as a bank. The affidavit must state that the estate qualifies as a small estate, that the decedent's debts have been paid or provided for, and that the affiant is entitled to the property. Washington State does not require the affidavit to be signed by disinterested witnesses. For real property, a similar process exists under RCW 11.62.005, which allows for a petition to be filed with the court to obtain a court order that transfers the decedent's interest in real property to the heirs or devisees if the value of the decedent's interest in the real property, together with the value of all other personal property in the estate, does not exceed $100,000.