
State Probate Thresholds
What do terms like "probate" and "affidavit" mean? Learn here.
- 01
Simplified Probate:
An estate with up to $37,075 of personal property (i.e. calculated from a baseline of $25,000 which is adjusted annually for inflation) may qualify for simplified probate. (Ala. Code § 43-2-692)
- 02
Affidavit Procedure:
An estate with up to $50,000 of personal property and up to $100,000 of vehicles may qualify for the affidavit procedure. (Small Estate Affidavit Alaska Stat. § 13.16.680)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute, it may qualify for simplified probate. (Summary Administrative Procedure Alaska Stat. § 13.16.690)
- 03
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real estate may qualify for the affidavit procedure. (Collection of Small Estates Ark. Ann. § 28-41-101)
- 04
Affidavit Procedure:
An estate with up to $200,000 of personal property may qualify for the affidavit procedure. The affidavit procedure may also be available for real estate that does not exceed $300,000. (Small Estate Affidavit Ariz. Rev. Stat. Ann. § 14-3971, amended by Arizona House Bill 2116)
If either number exceeds its threshold, only the personal property or real property respectively will be probated.
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute, it may qualify for simplified probate. (Ariz. Rev. Stat. Ann. § 14-3973)
- 05
Affidavit Procedure:
An estate with up to $208,850 of personal property may qualify for the affidavit procedure. The affidavit procedure may also be available for real estate that does not exceed $69,625. (Small Estate Affidavits Cal. Prob. Code §§ 13100, 13101 & 13200, adjusted for inflation on April 1, 2025)
Simplified Probate:
One primary residence up to $750,000 may qualify to petition the court for an order circumventing full probate. (Court Order Determining Succession to Property Cal. Prob. Code §§ 13151, 13152 & 13154)
- 06
Affidavit Procedure:
An estate with up to $86,000 of personal property (i.e. calculated from a baseline of $60,000 which is adjusted annually for inflation) may qualify for the affidavit procedure. (Collection of Personal Property by Affidavit Colo. Rev. State § 15-12-1201)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute, it may qualify for simplified probate. (Summary Administrative Procedure Colo. Rev. Stat. § 15-12-1203)
- 07
Simplified Probate:
An estate with up to $40,000 of personal property may qualify for simplified probate. (Settlement of Small Estates Conn. Gen. Stat. Ann. § 45a-273)
- 08
Affidavit Procedure:
An estate with up to $30,000 of personal property may qualify for the affidavit procedure. (Small Estate Administration Del. Code, Tit. 12 § 2306)
- 09
Simplified Probate:
An estate with up to $80,000 of personal property and/or real estate may qualify for simplified probate. (Small Estate Administration D.C. Code, § 20-351)
- 10
Affidavit Procedure:
If an estate value does not exceed the allowances and exemptions in the following statute, it may qualify for a court-approved affidavit procedure. (Disposition Without Administration Fla. Stat. Ann. § 735.301)
Simplified Probate:
An estate with up to $75,000 of personal property and/or real estate, not counting exempt property, may qualify for simplified probate. (Summary Administration Fla. Stat. Ann. § 735.201)
- 11
Simplified Probate:
If an estate has no Will, no debts, and the heirs have agreed on how to divide the property, it may qualify for no administration. (Order Declaring No Administration Necessary Ga. Code Ann. § 53-2-40)
- 12
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real estate, along with unlimited vehicles, may qualify for the affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit Haw. Rev. Stat. § 560:3-1201)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute, it may qualify for simplified probate. (Summary Administration Haw. Rev. Stat. § 560:3-1203)
- 13
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real estate may qualify for an affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit Idaho Code § 15-3-1201)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute (Idaho Code § 15-3-1203), or if an estate’s sole heir is a spouse (Idaho Code §§ 15-3-1205), it may qualify for simplified probate. (Summary Administrative Procedure)
- 14
Affidavit Procedure:
An estate with up to $100,000 of personal property may qualify for the affidavit procedure. (Small Estate Affidavit 755 Ill. Comp. Stat. § 5/25-1)
Simplified Probate:
An estate with up to $100,000 of personal property and real estate may qualify for simplified probate. (Summary Administration 755 Ill. Comp. Stat. § 5/9-8)
- 15
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real estate may qualify for an affidavit procedure to collect personal property. (Small Estate Affidavit Ind. Code § 29-1-8-1)
Simplified Probate:
An estate with up to $100,000 of personal property and/or real estate, in addition to expenses of administration and reasonable funeral expenses, may qualify for simplified probate. (Summary Procedures, Ind. Code § 29-1-8-3 and Ind. Code § 29-1-8-4)
- 16
Affidavit Procedure:
An estate with up to $50,000 of personal property may qualify for the affidavit procedure. (Distribution of Property by Affidavit Very Small Estates Iowa Code § 633.356)
Simplified Probate:
An estate with up to $200,000 of the personal property and real estate may qualify for simplified probate. (Administration of Small Estates Iowa Code § 635.1)
- 17
Affidavit Procedure: Yes
An estate with up to $75,000 of personal property and/or real estate may qualify for an affidavit procedure to collect personal property. (Small Estate Affidavit Kan. Stat. Ann. § 59-1507b)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Proceedings Kan. Stat. Ann. § 59-1507)
- 18
Simplified Probate:
If the heirs of an estate are a spouse and/or children, up to $30,000 of personal property may qualify for simplified probate. (Descent of Personal Property Ky. Rev. Stat. Ann. § 391.030)
- 19
Affidavit Procedure:
An estate with up to $125,000 (LSA CCP § 3421) of personal property and/or real property may qualify for the affidavit procedure. (Affidavit for Small Succession LSA CCP §§ 3431 & 3432)
Simplified Probate:
An estate with up to $125,000 of personal property and/or real property, which does not qualify for the affidavit procedure (LSA CCP §§ 3431), may qualify for simplified probate. (Judicial Administration of Small Estates LSA CCP § 3421 et seq.)
- 20
Affidavit Procedure:
An estate with up to $49,700 of personal property and/or real estate may qualify for an affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit Me. Rev. Stat. Ann. tit. 18-C § 3-1201, adjusted for inflation as provided in 18-C M.R.S. § 1- 108)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administrative Procedure Me. Rev. Stat. Ann. tit. 18-C § 3-1203)
- 21
Simplified Probate:
An estate with up to $50,000 of personal property and real estate may qualify for simplified probate. If a spouse is the sole heir of an estate, it may qualify up to $100,000. (Administration of a Small Estate Md. Code Ann., [Est. and Trusts] § 5-601)
- 22
Affidavit Procedure:
An estate with up to $25,000 of personal property and 1 vehicle may qualify for the affidavit procedure. (Collection of Personal Property by Affidavit Mass. Gen. Laws ch. 190B, § 3-1201)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administration Procedure Mass. Gen. Laws ch. 190B, § 3-1203)
- 23
Affidavit Procedure:
An estate with up to $51,000 of personal property (i.e. calculated from a baseline of $50,000 which is adjusted annually for inflation) may qualify for the affidavit procedure. (Collection of Personal Property by Sworn Statement Mich. Comp. Laws § 700. 3983)
Simplified Probate:
An estate with up to $51,000 of real property and/or personal property (i.e. calculated from a baseline of $50,000 which is adjusted annually for inflation) may qualify for simplified probate. (Small Estate Proceedings Mich. Comp. Laws § 700. 3982)
If the estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administrative Proceedings Mich. Comp. Laws § 700. 3987)
- 24
Affidavit Procedure:
An estate with up to $75,000 of personal property and/or real estate may qualify for the affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit Minn. Stat. Ann. § 524.3-1201)
Simplified Probate:
If an estate's value does not exceed the allowances and exemptions in the following statute, it may qualify for simplified probate. An estate with up to $150,000 of personal property and/or real estate, exclusive of exempt homestead and exempt property, may also qualify. (Summary Proceedings Minn. Stat. Ann. § 524.3-1203)
- 25
Affidavit Procedure:
An estate with up to $75,000 of personal property and/or real estate may qualify for the affidavit procedure to collect personal property. (Small Estate Affidavit Miss. Code Ann. § 91-7-322)
Simplified Probate:
An estate with a valid Will and up to $75,000 of personal property, not counting exempt property, may qualify for a muniment of title to collect real property. (Muniment of Title Miss. Code Ann. § 91-5-35)
- 26
Affidavit Procedure:
An estate with up to $40,000 of personal property and/or real property may qualify for the affidavit procedure. (Small Estate Affidavit Mo. Rev. Stat. § 473.097)
- 27
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real property may qualify for the affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit Mont. Code Ann. § 72-3-1101)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administration Procedure Mont. Code Ann. § 72-3-1103)
- 28
Affidavit Procedure:
An estate with up to $100,000 of personal property may qualify for the affidavit procedure. (Small Estate Affidavit Neb. Rev. Stat. § 30-24,125) The affidavit procedure may also be available for real property that does not exceed $100,000. (Small Estate Affidavit Neb. Rev. Stat. § 30-24,129)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administrative Procedure Neb. Rev. Stat. § 30-24,127)
- 29
Affidavit Procedure:
An estate with up to $25,000 of personal property (or $100,000 if a spouse is the sole heir) may qualify for the affidavit procedure. (Small Estate Affidavit Nev. Rev. Stat. Ann. § 146.080)
Simplified Probate:
An estate with up to $100,000 of personal property and/or real property may qualify to be set aside with no administration. (Without Administration Nev. Rev. Stat. Ann. § 146.070)
An estate with up to $300,000 personal property and/or real property may qualify for simplified probate. (Summary Administration Nev. Rev. Stat. Ann. § 145.040)
- 30
Simplified Probate:
If an estate meets any of the conditions in the following statutes it may qualify for a waiver of administration or summary administration. (N.H. Rev. Stat. Ann. § 553:32 and N.H. Rev. Stat. Ann. § 553:33)
- 31
Affidavit Procedure:
If the sole heir of an estate is a spouse, civil union partner, or domestic partner and there is no Will, up to $50,000 of personal property and/or real property may qualify for the affidavit procedure. (N.J. Stat. Ann. § 3B:10-3) If there are other heirs and there is no Will, up to $20,000 of personal property and/or real property may also qualify for the affidavit procedure upon the consent of said heirs. (Without Administration N.J. Stat. Ann. § 3B:10-4)
- 32
Affidavit Procedure:
An estate with up to $50,000 of personal property and/or real property may qualify for the affidavit procedure to collect personal property. (Small Estate Affidavit N.M. Stat. Ann. § 45-3-1201)
A homestead co-owned with a spouse as community property up to $500,000 may also qualify for the affidavit procedure. (Small Estate Affidavit N.M. Stat. Ann. § 45-3-1205)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administrative Procedure N.M. Stat. Ann. § 45-3-1203)
- 33
Simplified Probate:
An estate with up to $50,000 of personal property, not including exemptions, may qualify for simplified probate. (Summary Procedure N.Y. Surr. Ct. Proc. Law § 1301 et seq.)
- 34
Affidavit Procedure:
An estate with up to $20,000 of personal property or $30,000 of personal property if a spouse is the sole heir (not counting spousal allowance) may qualify for the affidavit procedure. (Collection of Personal Property by Affidavit N.C. Gen. Stat. § 28A-25-1 and N.C. Gen. Stat. § 28A-25-1.1)
Simplified Probate:
If a spouse is the sole heir of an estate, the estate may qualify for simplified probate. (Summary Administration N.C. Gen. Stat. § 28A-28-1)
- 35
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real property may qualify for the affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit N.D. Cent. Code § 30.1-23-01)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administrative Procedure N.D. Cent. Code §§ 30.1-23-03)
- 36
Simplified Probate:
An estate with up to $35,000 of personal property and/or real property may qualify for simplified probate. If a spouse is the sole heir it may qualify up to $100,000. (Release from Administration Ohio Rev. Code Ann. § 2113.03)
- 37
Affidavit Procedure:
An estate with up to $50,000 of personal property and/or real property may qualify for the affidavit procedure to collect personal property. (Collecting Property with a Small Estate Affidavit Okla. Stat. Ann., tit. 58, § 393)
Simplified Probate:
An estate with up to $150,000 of personal property and/or real property may qualify for regular probate to be dispensed. (Dispensing with Regular Proceedings Okla. Stat. Ann., tit. 58, § 241)
An estate with up to $200,000 of personal property and/or real property may qualify for summary administration. (Summary Administration Okla. Stat. Ann., tit. 58, § 245)
- 38
Affidavit Procedure:
An estate with up to $275,000 may qualify for the affidavit procedure. Personal property can count towards $75,000 of this amount. Real estate can count towards $200,000 of this amount. (Simple Estate Affidavit Or. Rev. Stat. Ann. § 114.510)
- 39
Simplified Probate:
An estate with up to $50,000 of personal property may qualify for simplified probate. (Settlement of Small Estates on Petition 20 Pa. Cons. Stat. Ann. § 3102)
- 40
Simplified Probate:
An estate with up to $15,000 of personal property, excluding tangible personal property, may qualify for simplified probate. (Informal Administration R.I. Gen. Laws § 33-24-1)
- 41
Affidavit Procedure:
An estate with up to $45,000 of personal property may qualify for the affidavit procedure. (Collection of Personal Property by Affidavit S.C. Code Ann. § 62-3-1201, amended by Act No. 26 (H.3472)).
Simplified Probate:
An estate with up to $45,000 of personal property and/or real property, not counting the allowances and exemptions in the following statute, may qualify for simplified probate. (Summary Administrative Procedure S.C. Code Ann. § 62-3-1203, amended by Act No. 26 (H.3472)).
- 42
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real property may qualify for the affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit S.D. Codified Laws § 29A-3-1201)
- 43
Simplified Probate:
An estate with up to $50,000 personal property may qualify for simplified probate. (Small Estate Proceeding Tenn. Code Ann. § 30-4-102 et seq.)
- 44
Affidavit Procedure:
An estate with no Will and up to $75,000 of personal property and/or real property, not counting exempt property and homestead allowances, may qualify for the affidavit procedure. (Small Estate Affidavit Tex. Est. Code § 205.001)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Proceedings for Certain Small Estates Tex. Est. Code §§ 354.001)
- 45
Affidavit Procedure:
An estate with up to $100,000 of personal property (not counting 4 vehicles) and/or real property may qualify for the affidavit procedure to collect personal property. (Collection of Personal Property by Affidavit Utah Code Ann. § 75-3-1201)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute it may qualify for simplified probate. (Summary Administrative Procedure Utah Code Ann. § 75-3-1203)
- 46
Simplified probate:
An estate with up to $45,000 of personal property may qualify for simplified probate. The estate may also own a timeshare. (Small Estate Vt. Stat. Ann., tit. 14, § 1901)
- 47
Affidavit Procedure:
An estate with up to $75,000 of personal property may qualify for the affidavit procedure. (Small Estate Affidavit Va. Code Ann. § 64.2-601)
An estate with no Will may transfer real estate of any value using an affidavit procedure. (Small Estate Affidavit Va. Code Ann. § 64.2-510)
- 48
Affidavit Procedure:
An estate with up to $100,000 of personal property and/or real property may qualify for the affidavit procedure to collect personal property. (Small Estate Affidavit Wash. Rev. Code Ann. § 11.62.010)
- 49
Affidavit Procedure:
An estate with up to $50,000 of personal property may qualify for the affidavit procedure. (Administration of Small Estate Upon Affidavit W. Va. Code § 44-1A-2).
Probate:
-Any real estate may trigger full probate.
-Personal property values that exceed the numbers above may trigger full probate.
- 50
Affidavit Procedure:
An estate with up to $50,000 of personal property and/or real property may qualify for the affidavit procedure. (Collecting Property with a Small Estate Affidavit Wis. Stat. § 867.03)
Simplified Probate:
If an estate value does not exceed the allowances and exemptions in the following statute, or if the heir is a spouse and/or child and the estate value does not exceed $50,000 of personal property and/or real property, it may qualify for simplified probate. (Summary Settlement of Small Estates Wis. Stat. § 867.01)
Probate is the court-supervised process of gathering a deceased person’s assets and distributing them to creditors and inheritors. Every probate court has its own detailed rules about the documents it requires, what they must contain, and when they must be filed.
A procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. An inheritor has to prepare a short document, provide some information regarding the deceased person’s estate, and state that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit. When the person or institution holding the deceased person’s property -- for example, a bank where the deceased person had an account -- gets the affidavit and a copy of the death certificate, it releases the asset.
Many states have a simplified probate process for small estates. Each state has its own terminology for simplified probate, but some examples are Summary Administration, Settlement of Small Estate, or Summary Distribution. Often the process involves a petition to the court, a court hearing, or an affidavit processed through the probate court. The court may authorize the executor to collect and distribute the assets without having to jump through the hoops of regular probate.
%20-%20white%20%26%20red.png)