Small estate limits by state
The most an estate can be worth and still skip full probate, how long heirs must wait after the death, and whether real estate qualifies.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Rules have exceptions; open your state for details and the law it comes from.
| State | Small estate limit | Wait after death | Real estate |
|---|---|---|---|
| Alabama Checked on official source | $47,000 (rises to $51,175 for claims from Apr. 1, 2027) | 30 days after notice is published | No - only if the person owned no real estate |
| Alaska From a statute-cited table | $50,000 personal property, plus vehicles up to $100,000 | 30 days | No |
| Arizona From a statute-cited table | $200,000 personal property; $300,000 real property | 30 days (personal); 6 months (real) | Yes, by a separate court-filed affidavit |
| Arkansas From a statute-cited table | $100,000 (not counting homestead and allowances) | 45 days | Yes |
| California From a statute-cited table | $208,850 personal property (deaths on or after Apr. 1, 2025) | 40 days | Home up to $750,000 by court petition; other real estate up to $69,625 by affidavit |
| Colorado From a statute-cited table | $88,000 for 2026 (adjusted yearly) | 10 days | No |
| Connecticut From a statute-cited table | $40,000 | Court decree no sooner than 30 days after the state is notified | No |
| Delaware Checked on official source | $50,000 personal estate (deaths on or after June 10, 2026; $30,000 before) | 30 days | No |
| District of Columbia Checked on official source | $40,000 by affidavit; $80,000 by court small-estate process | 60 days (affidavit) | Court process only |
| Florida Checked on official source | $150,000 for summary administration (was $75,000 until July 1, 2026); $20,000 for disposition without administration | None | Yes (summary administration) |
| Georgia From a statute-cited table | No dollar limit for a no-administration order; banks may release up to $15,000 by affidavit | None | Yes (court order) |
| Hawaii From a statute-cited table | $100,000 | None | No |
| Idaho From a statute-cited table | $100,000 | 30 days | No |
| Illinois From a statute-cited table | $150,000 personal estate, plus vehicles of any value | None | No |
| Indiana From a statute-cited table | $100,000 (deaths after June 30, 2022) | 45 days | No |
| Iowa From a statute-cited table | $50,000 personal property | 40 days | No |
| Kansas Checked on official source | $75,000 | None | No |
| Kentucky From a statute-cited table | Court may skip administration when the estate is within the $30,000 exemption | None | No |
| Louisiana Checked on official source | $200,000 for Louisiana residents (since Aug. 1, 2026; was $125,000); $125,000 for non-residents' Louisiana property | None | Yes |
| Maine From a statute-cited table | $52,500 for 2026 (adjusted yearly) | 30 days | No |
| Maryland From a statute-cited table | $50,000, or $100,000 if the spouse is the only heir | None | Yes |
| Massachusetts From a statute-cited table | $25,000, plus one vehicle | 30 days | No |
| Michigan Checked on official source | $53,000 for 2026 deaths (adjusted yearly; $51,000 for 2025) | 28 days | No |
| Minnesota From a statute-cited table | $75,000 | 30 days | No |
| Mississippi From a statute-cited table | $75,000 | 30 days | No |
| Missouri From a statute-cited table | $40,000 | 30 days | Yes |
| Montana Checked on official source | $100,000 (raised from $50,000 in 2023) | 30 days | No |
| Nebraska From a statute-cited table | $100,000 personal property | 30 days | No (separate real-estate affidavit) |
| Nevada From a statute-cited table | $25,000, or $150,000 if the claimant is the surviving spouse | 40 days | No |
| New Hampshire From a statute-cited table | No affidavit route; waiver of administration has no dollar limit | None | Not addressed |
| New Jersey From a statute-cited table | $50,000 (spouse or partner, no will); $20,000 for other heirs | None | Yes |
| New Mexico From a statute-cited table | $50,000 | 30 days | No |
| New York From a statute-cited table | $50,000 personal property | None | No |
| North Carolina From a statute-cited table | $20,000, or $30,000 if the spouse is the sole heir | 30 days | No |
| North Dakota Checked on official source | $100,000 (raised from $50,000, effective Aug. 1, 2025) | 30 days | No |
| Ohio From a statute-cited table | $35,000, or $100,000 if the spouse takes everything | None | Counted |
| Oklahoma From a statute-cited table | $200,000 summary administration; $150,000 simplified proceeding | None | Yes |
| Oregon From a statute-cited table | $75,000 personal property and $200,000 real property | 30 days | Yes |
| Pennsylvania From a statute-cited table | $50,000, not counting real estate | None | No |
| Rhode Island From a statute-cited table | $15,000 | 30 days | No |
| South Carolina From a statute-cited table | $45,000 | 30 days | No |
| South Dakota Checked on official source | $100,000 (since July 1, 2022) | 30 days | No (separate $50,000 real-estate affidavit) |
| Tennessee From a statute-cited table | $50,000 personal property | 45 days | No |
| Texas From a statute-cited table | $75,000, not counting homestead and exempt property (no will only) | 30 days | Homestead only |
| Utah From a statute-cited table | $100,000 | 30 days | No |
| Vermont From a statute-cited table | $45,000 (estates of personal property only) | None | No |
| Virginia From a statute-cited table | $75,000 personal probate estate | 60 days | No |
| Washington From a statute-cited table | $100,000 | 40 days | No |
| West Virginia From a statute-cited table | $50,000 personal property (real estate $100,000 or less) | 30 or 60 days | No |
| Wisconsin From a statute-cited table | $50,000 | None | Yes (30 days' notice before recording) |
| Wyoming Checked on official source | $400,000 (deaths on or after July 1, 2025; $200,000 before) | 30 days | No (court summary procedure covers real estate up to the same limit) |
How we checked this
Limits come from a 50-state table that cites each statute (rows checked October 7, 2026). Eleven states with recent changes were confirmed on legislature, court or state agency sites; that check corrected Louisiana to $200,000. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.