When an estate qualifies as a small estate (meaning that the net probate assets are worth less than $50,000.00), then the law allows families to transfer assets by a simple affidavit.  There are, of course, some rules that apply to this process, and one of them is that you have to wait until at least 45 days after someone has died before you can transfer under a small estate affidavit.  This waiting period is even longer if you are seeking to transfer real estate without probate.