A small estate is generally when the estate assests are so small that probate or administration would not be practical. In this situation, many States have adopted laws to allow heirs to claim the assests without probate. The procedure most commonly used a a Small Estate Affidavit. Each State requires different forms and establish the total estate value at different amounts in order to qualify for using a small estate affidivat. Other procedures are also avaialable in some States such as a Summary Administration or Munument of Title action. More information is provides in the links below, as well as Small Estate Forms. If a Court proceding is required short of a full probate or administration, this can sometimes be done without an attorney