A 2025 law change closed the door on real property
Stale sources still describe the old $100,000 rule
Because the Act's own definitions section was never fully updated to match, some guides and even some county websites still describe the old, now-superseded $100,000 real property allowance — worth double-checking the date on anything citing that figure.
A house now needs probate, or a non-probate route entirely
With the affidavit no longer reaching real property at any value, a house instead needs full probate, or a route that avoids probate altogether, such as a recorded Transfer on Death deed or joint tenancy with survivorship.
Two different waiting periods, depending on who's filing
30 days after death if the successor is the personal representative or executor nominated in the will; 60 days after death if the successor is not the nominated executor, or if the decedent died intestate.
A genuine review, with room for objection
The clerk of the county commission, or the fiduciary supervisor, reviews and records the affidavit — but any interested person can file a written objection within 30 days of the clerk mailing out copies, which can send the matter to a fiduciary commissioner and require full probate instead.