Do I need probate?
Many estates don't need a full probate case. Property with a named beneficiary or a joint owner passes outside probate, and every state has a shorter procedure for small estates. Whether one fits depends on the state, what the person owned in their name alone and what it's worth. Answer seven questions to see what may apply.
Limits last verified . Each state's date is in the table below.
This is general information, not legal advice. Statutes change, and a court applies them to the facts of each estate. Confirm with the probate court in the county where the person lived or with a lawyer.
What probate is
Probate is the court process that settles a person's estate after they die. A judge or clerk confirms the will if there is one and appoints an executor or administrator. That person collects the property, pays the debts and taxes, and hands what is left to the heirs. A simple case usually takes several months.
Probate only covers property in the person's name alone with no beneficiary. A house owned jointly with a spouse, a bank account with a payable-on-death name, a retirement account or life insurance with a named beneficiary, and property in a living trust usually pass without it.
When what's left is under the state's small-estate limit, the heirs can often collect it with a sworn affidavit or a short court process. The limit, what counts toward it and the waiting period differ by state.
Small-estate limits by state
We read each limit in the state's statute or on the state court's website, linked in each row with the date we checked it. Where we couldn't confirm a figure from an official source, the row says so and shows no number. 49 of 51 jurisdictions are verified.
| State | Procedure | Limit | Real estate | Wait after death | Source | Last verified |
|---|---|---|---|---|---|---|
| Alabama | Not verified yet. Check with the probate court (judge of probate) in the county where the person lived. | Ala. Code §§ 43-2-690 to 43-2-696.02 | ||||
| Alaska | Affidavit for collection of personal property | $50,000 | No | 30 days | Alaska Stat. § 13.16.680 | |
| Arizona | Affidavit for collection of personal property | $200,000 | Separate procedure, up to $300,000 | 30 days | Ariz. Rev. Stat. § 14-3971(B) | |
| Arkansas | Collection of small estate by distributee (small estate affidavit) | $100,000 | Yes | 45 days | Ark. Code Ann. § 28-41-101 | |
| California | Affidavit to collect personal property (small estate affidavit) | $208,850 | Separate procedure, up to $69,625 | 40 days | Cal. Prob. Code § 13100 | |
| Colorado | Collection of personal property by affidavit | $88,000 | No | 10 days | Colo. Rev. Stat. § 15-12-1201 | |
| Connecticut | Affidavit in lieu of administration (small estate) | $40,000 | No | None set | Conn. Gen. Stat. § 45a-273 | |
| Delaware | Small estate affidavit | $50,000 | No | 30 days | 12 Del. C. § 2306 | |
| District of Columbia | Small estate administration | $80,000 | Yes | None set | D.C. Code § 20-351 | |
| Florida | Summary administration | $150,000 | Yes | None set | Fla. Stat. § 735.201 | |
| Georgia | Order that no administration is necessaryOnly when there's no will | No dollar limit | Yes | None set | O.C.G.A. §§ 53-2-40 to 53-2-42 | |
| Hawaii | Collection of personal property by affidavit | $100,000 | Separate procedure, up to $100,000 | None set | Haw. Rev. Stat. § 560:3-1201 | |
| Idaho | Collection of personal property by affidavit | $100,000 | No | 30 days | Idaho Code § 15-3-1201 | |
| Illinois | Small estate affidavit | $150,000 | No | None set | 755 ILCS 5/25-1 | |
| Indiana | Small estate affidavit | $100,000 | Yes | 45 days | Ind. Code § 29-1-8-1 | |
| Iowa | Distribution of property by affidavit (very small estates) | $50,000 | No | 40 days | Iowa Code § 633.356 | |
| Kansas | Small estate affidavit (transfer of personal property to successor) | $75,000 | No | None set | K.S.A. 59-1507b | |
| Kentucky | Dispensing with administration | $30,000 | No | None set | KRS 395.455; KRS 391.030 | |
| Louisiana | Affidavit for small succession | $200,000 | Yes | None set | La. Code Civ. Proc. arts. 3421, 3431, 3432 | |
| Maine | Collection of personal property by affidavit | $52,500 | No | 30 days | 18-C M.R.S. § 3-1201 | |
| Maryland | Small estate administration | $50,000 ($100,000 for a surviving spouse) | Yes | None set | Md. Code, Est. & Trusts § 5-601 | |
| Massachusetts | Voluntary administration | $25,000 | No | 30 days | Mass. Gen. Laws ch. 190B, § 3-1201 | |
| Michigan | Collection of personal property by sworn statement | $53,000 | No | 28 days | Mich. Comp. Laws § 700.3983 | |
| Minnesota | Collection of personal property by affidavit | $75,000 | No | 30 days | Minn. Stat. § 524.3-1201 | |
| Mississippi | Small estate affidavit | $75,000 | Separate procedure | 30 days | Miss. Code Ann. § 91-7-322 | |
| Missouri | Small estate affidavit | $40,000 | Yes | 30 days | Mo. Rev. Stat. § 473.097 | |
| Montana | Collection of personal property by affidavit | $100,000 | No | 30 days | Mont. Code Ann. § 72-3-1101 | |
| Nebraska | Affidavit for transfer of personal property without probate | $100,000 | Separate procedure, up to $100,000 | 30 days | Neb. Rev. Stat. § 30-24,125 | |
| Nevada | Affidavit of entitlement | $25,000 ($150,000 for a surviving spouse) | No | 40 days | Nev. Rev. Stat. § 146.080 | |
| New Hampshire | Waiver of administration | No dollar limit | Yes | None set | N.H. Rev. Stat. Ann. § 553:32 | |
| New Jersey | Affidavit in lieu of administrationOnly when there's no will | $20,000 ($50,000 for a surviving spouse) | Yes | None set | N.J.S.A. 3B:10-3, 3B:10-4 | |
| New Mexico | Collection of personal property by affidavit | $50,000 | Separate procedure | 30 days | NMSA 1978, § 45-3-1201 | |
| New York | Voluntary administration (small estate) | $50,000 | No | None set | N.Y. SCPA §§ 1301-1304 | |
| North Carolina | Collection of personal property by affidavit | $20,000 ($30,000 for a surviving spouse) | No | 30 days | N.C. Gen. Stat. §§ 28A-25-1, 28A-25-1.1 | |
| North Dakota | Collection of personal property by affidavit | $100,000 | No | 30 days | N.D. Cent. Code § 30.1-23-01 | |
| Ohio | Release from administration | $35,000 ($100,000 for a surviving spouse) | Yes | None set | Ohio Rev. Code § 2113.03 | |
| Oklahoma | Small estate affidavit | $50,000 | No | 10 days | 58 O.S. § 393 | |
| Oregon | Simple estate affidavit | $75,000 | Yes | 30 days | ORS 114.505 to 114.560 (criteria in ORS 114.510) | |
| Pennsylvania | Not verified yet. Check with the Orphans' Court Division of the Court of Common Pleas in the county where the person lived. | 20 Pa.C.S. § 3102; Pa.R.O.C.P. 5.50 | ||||
| Rhode Island | Voluntary informal administration of small estates | $15,000 | No | 30 days | R.I. Gen. Laws § 33-24-1 | |
| South Carolina | Collection of personal property by affidavit | $45,000 | No | 30 days | S.C. Code § 62-3-1201 | |
| South Dakota | Collection of personal property by affidavit | $100,000 | Separate procedure, up to $50,000 | 30 days | S.D. Codified Laws § 29A-3-1201 | |
| Tennessee | Small estate administration (limited letters) | $50,000 | No | 45 days | Tenn. Code Ann. §§ 30-4-101 to 30-4-104 | |
| Texas | Small estate affidavitOnly when there's no will | $75,000 | Separate procedure | 30 days | Tex. Est. Code § 205.001 | |
| Utah | Collection of personal property by affidavit | $100,000 | No | 30 days | Utah Code § 75-3-1201 | |
| Vermont | Small estate proceeding | $45,000 | No | None set | 14 V.S.A. § 1901 | |
| Virginia | Small asset affidavit | $75,000 | No | 60 days | Va. Code § 64.2-601 | |
| Washington | Small estate affidavit | $100,000 | No | 40 days | RCW 11.62.010 | |
| West Virginia | Small estate affidavit (West Virginia Small Estate Act) | $50,000 | Separate procedure, up to $100,000 | 30 days | W. Va. Code §§ 44-1A-1, 44-1A-2 | |
| Wisconsin | Transfer by affidavit | $50,000 | Yes | None set | Wis. Stat. § 867.03 | |
| Wyoming | Distribution by affidavit | $400,000 | Separate procedure, up to $400,000 | 30 days | Wyo. Stat. § 2-1-201 | |
How this check works
The check compares your answers with the rules for the state you pick: the dollar limit (and any higher limit when a surviving spouse inherits everything), whether the procedure works with a will, whether it covers real estate, and the waiting period after the death. It then says which procedure may apply and why, with the statute and the official source.
It can't see the documents, the debts or how each asset is titled, so the result is a starting point for the conversation with the court. It never says for certain that an estate does or doesn't need probate.
Common questions
- What happens to property with a named beneficiary?
- Life insurance, retirement accounts and bank accounts with a payable-on-death or transfer-on-death designation go to the named person. So does property owned jointly with a right of survivorship. They usually don't go through probate and don't count toward a small-estate limit.
- Is a small estate affidavit filed with the court?
- In most states the affidavit is handed to the bank or other holder of the property, with no court case. Some states call their procedure an affidavit but have a judge or clerk approve it, and some use a short court process instead. The table on this page names each state's procedure and links to the statute.
- Why does the check ask for my email?
- ProbateUS asks for an email before showing the result. We store the email and the state you picked, not your other answers. EverSettled emails you only if you tick the separate box.
Find the probate court for a county in the court directory, or read the state probate guides.