Small estate limits by state
19 Jul 2026
Forty-eight states publish a dollar limit under which an estate can skip full probate. The line starts at $15,000 and reaches $400,000, and the two states with no figure use a different test entirely.
The limit is only half the test. What matters as much is the base it is measured on: some states count the entire estate wherever it sits, some count only personal property and leave the house out, some measure gross and some measure after debts. Two states showing the same number are frequently not offering the same thing. Every figure below is taken from the state’s own statute or from the authority the statute names, and carries the date that source was last opened and read.
Figures are carried from the fifty state pages, each of which cites its own statute. The stamp shows the oldest verification date behind any figure quoted here.
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Check your own number first
The table is the reference. The checker is the answer: it asks the questions your state’s statute actually turns on — the value, and where it matters the year of death, who inherits, and which route you are taking — and tells you whether you are under the line.
Where a state runs more than one route, the checker tests the one your figure fits and names the others rather than pretending there is a single number. Where the state publishes no figure, it says so and gives the test that applies instead.
What being under the limit actually buys you
- Usually the whole court process
- In most states the small-estate route is an affidavit: you sign, you wait out the statutory period, and the bank or the registry hands the asset over. No petition, no letters, no personal representative, and none of the fees that follow from having one. Tennessee’s route goes further than most and shuts creditors out entirely — they cannot file claims at all.
- Sometimes a lighter court case, not no court case
- Iowa’s route is a simplified court administration: the court still appoints a representative and still issues letters. South Carolina’s affidavit needs the probate judge’s approval and countersignature, so it is not self-executing. Hawaii’s second route has the court clerk run the estate and charges three per cent for it. Read what the route is before you assume it means no court.
- A waiting period, always
- Thirty days is the common figure. Arkansas and Indiana want forty-five, California forty, Oklahoma’s affidavit only ten, and Arizona’s real property route six months rather than thirty days. New Hampshire’s affidavit cannot be filed before six months after appointment and not later than a year.
- Nothing, if a representative has already been appointed
- Almost every affidavit statute is blocked once an application or petition for a personal representative is pending or granted, in any jurisdiction. If full probate has started, the shortcut usually closes.
All fifty states
The headline figure for each state, with the base it is measured on underneath. Where a state runs more than one route, the note names the others. Click a state for the statute, the conditions and the verification date.
| State | Limit |
|---|---|
| Alabama the Treasurer’s published sum of three allowances; rises to $51,175.00 for claims from 1 Apr 2027 | $47,000.00 |
| Alaska vehicles, plus $50,000 of other personal property; both limbs must hold | $100,000 |
| Arizona personal property; $300,000 real property; $5,000 unpaid wages | $200,000 |
| Arkansas less encumbrances, homestead and allowances excluded; 45-day wait | $100,000 |
| California gross California property, deaths from 1 Apr 2025; residence route $750,000 | $208,850 |
| Colorado for a death in 2026; adjusted every January | $88,000 |
| Connecticut solely owned personal property; any real property bars the route | $40,000 |
| Delaware personal estate only, and no Delaware real estate | $50,000 |
| Florida entire estate less exempt property; a second route has no dollar limit | $75,000 |
| Georgia money on deposit, intestate only; Georgia publishes no general threshold | $15,000 |
| Hawaii gross; motor vehicles sit outside the cap entirely | $100,000 |
| Idaho entire estate wherever located, less liens and encumbrances | $100,000 |
| Illinois personal estate; registered motor vehicles excluded | $150,000 |
| Indiana for a death after 30 June 2022; net of liens and funeral expenses | $100,000 |
| Iowa gross probate assets; a court administration, not an affidavit | $200,000 |
| Kansas two routes at the same figure on different bases, plus a third with no value test | $75,000 |
| Kentucky personal property; an exemption, not a threshold | $30,000 |
| Louisiana gross at the date of death; a second route has no value limit | $125,000 |
| Maine $40,000 is printed but moves with inflation to the year before death | no operative figure |
| Maryland or $100,000 where the spouse is sole heir; net of secured debts | $50,000 |
| Massachusetts personal property; one motor vehicle excluded | $25,000 |
| Michigan for a death in 2026; adjusted every year | $53,000 |
| Minnesota entire probate estate net of liens; personal property only | $75,000 |
| Mississippi entire probate estate, excluding liens and encumbrances | $75,000 |
| Missouri less liens, debt and encumbrances; 30-day wait | $40,000 |
| Montana probate estate wherever located, less liens and encumbrances | $100,000 |
| Nebraska personal property only, worldwide, less liens | $100,000 |
| Nevada gross; $150,000 where the claimant is the surviving spouse | $25,000 |
| New Hampshire the test is who inherits, not what the estate is worth | no figure at all |
| New Jersey spouse or partner, intestate only; $20,000 where there is none | $50,000 |
| New Mexico worldwide gross less liens; a homestead route reaches $500,000 | $50,000 |
| New York gross personal property, set-off property excluded | $50,000 |
| North Carolina or $30,000 where the surviving spouse is sole heir | $20,000 |
| North Dakota entire estate wherever located, less liens and encumbrances | $100,000 |
| Ohio any estate; $100,000 where the spouse takes all | $35,000 |
| Oklahoma affidavit route; three routes at three different figures | $50,000 |
| Oregon personal property, gross, alongside a separate real property cap | $75,000 |
| Pennsylvania personal property only; a petition, not an affidavit | $50,000 |
| Rhode Island personal property, excluding tangible personal property | $15,000 |
| South Carolina entire probate estate net of liens; probate judge must approve | $45,000 |
| South Dakota entire estate less liens; separate real property route at $50,000 | $100,000 |
| Tennessee personal property only; creditors cannot file claims at all | $50,000 |
| Texas excluding homestead and exempt property; intestate only | $75,000 |
| Utah personal property only | $100,000 |
| Vermont fair market value; the estate must be entirely personal property | $45,000 |
| Virginia by affidavit; $35,000 with no affidavit at all | $75,000 |
| Washington personal property only; no route for real property | $100,000 |
| West Virginia personal probate estate, and no probate real property | $50,000 |
| Wisconsin gross by affidavit; the same figure net by summary assignment | $50,000 |
| Wyoming entire Wyoming estate, less liens and encumbrances | $400,000 |
Rhode Island’s $15,000 and Wyoming’s $400,000 are the two ends of the published range, and they are not measuring the same thing: Rhode Island counts personal property excluding tangible personal property, Wyoming counts the entire Wyoming estate less liens and encumbrances. That is why the range is a poor guide and the base note is the part worth reading.
Six patterns the limits fall into
- one figureA single number and a single route. Most states are this, and the checker answers with one line.
- figure by date of deathThe limit depends on the date of death, not on when you file. Illinois, Indiana, New Jersey and Michigan turn on this, and California’s current figure applies to deaths from 1 April 2025.
- higher limit in one situationA larger number where a defined condition holds. Ohio allows $100,000 where the spouse takes all rather than $35,000, Nevada $150,000 for a surviving spouse rather than $25,000, Maryland $100,000 where the spouse is the sole heir rather than $50,000, and North Carolina $30,000 rather than $20,000.
- a second route with no limitA dollar test alongside a route that has none. Florida’s second route turns on two years having passed since death, Louisiana’s on twenty years, and Idaho’s on the surviving spouse being the sole devisee or beneficiary.
- published by an authorityThe statute sets the formula and an authority publishes the current number. Alabama’s small estate amount is the Treasurer’s published sum of the homestead allowance, exempt property and the family allowance. Michigan’s and Colorado’s move each year on the same principle.
- several routes, several basesMore than one simplified route, each measured differently. Arizona runs three ceilings and two waiting periods, Kansas two routes at the same figure on different bases plus a third with no value test, New Mexico an affidavit, a summary route with no figure and a homestead route at $500,000, and Oklahoma three routes at three figures.
Maine sits outside all six. Maine publishes the formula, not the number. The base is $40,000, adjusted for inflation to the year before the year of death and rounded down to the next $100 — the court applies the current result. We do not compute it, because a figure we produced ourselves would be our figure rather than the state’s.
Every state page
Each carries the small-estate route in full, alongside the court fee, the executor rule, the creditor notice and the bond.
Being under the limit removes the process. It does not remove the question of what the estate is worth, and it does not decide whether a route fits your facts — that is a question for a licensed attorney in your state. The whole cost picture is on the probate cost pillar.
If you are over the line, this is what full probate costs
Twenty states charge one flat court fee whatever the estate is worth, from $45.00 in Alabama to $435.00 in California. On a $500,000 estate the scaling states run far higher, up to $10,100.00 in New Castle County, Delaware. Add the executor fee, and in seven states a statutory attorney fee on top.
Three tools, in the order most people need them
When a figure changes, know first
Statutes get amended and fee schedules get updated. Once a month, we send a short note listing every figure that changed and every page we re-verified. Reference, not marketing.
Small estate questions
What is a small estate affidavit?
It is a sworn form that lets the person entitled to the property collect it without opening a full probate. In most states you sign it, wait out a statutory period, and present it to whoever holds the asset. Forty-eight states publish a dollar limit for a route of this kind, and the limit is the whole test in most of them.
What is the small estate limit in my state?
The table above lists all fifty. The spread runs from $15,000 in Rhode Island to $400,000 in Wyoming, and the base each is measured on is not the same, so two states showing the same number are not offering the same thing. Maine and New Hampshire publish no operative figure at all.
Is the limit measured on the gross estate or after debts?
It depends on the state, and this is the most common mistake. Many states measure the entire estate less liens and encumbrances, which is a net test. Wisconsin’s affidavit route is measured gross, before debts, while its summary assignment route on the same $50,000 is measured net. Indiana takes off liens, encumbrances and reasonable funeral expenses. Read the base note beside the figure.
Does the house count?
Often not, and that is what makes the route reachable. Illinois, Massachusetts, Minnesota, Nebraska, Pennsylvania, Tennessee, Utah and Washington all limit their route to personal property, so a house cannot pass under it however small the estate is. Connecticut goes further and bars the route entirely where there is real property. Arizona, California, New Mexico and South Dakota publish separate real property routes with their own ceilings.
Does the date of death matter?
In several states, yes. The limit depends on the date of death, not on when you file. Indiana’s ceiling turns on whether the death was after 30 June 2022, California’s on deaths from 1 April 2025, and Colorado’s and Michigan’s figures are re-set every year, so a death in 2026 is measured against the 2026 number.
Which states have no dollar limit?
Maine publishes the formula, not the number. The base is $40,000, adjusted for inflation to the year before the year of death and rounded down to the next $100 — the court applies the current result. New Hampshire sets no value cap at all: its test is who inherits, not what the estate is worth. Florida, Idaho and Louisiana each carry a second route with no dollar limit alongside the one that has one.
How these figures are verified
Every figure on this page is carried from a state page, and every figure on a state page was checked against the official source — the statute, the court rule, or the court’s own published fee schedule — on the date stamped beside it. No figure appears anywhere on this site that has not been opened and read at its source first. Where a source publishes no figure, we print that absence rather than filling the gap with an estimate.
The sources for each figure are listed on that state’s own page, with a direct link and a date. Our re-check cadence, and what we do when a statute changes, are set out at /methodology/.
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in your state. Full terms: /disclaimer/
Next: executor fees by state, or the full cost picture at how much does probate cost — start with California, Texas or Florida.