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How much does an estate have to be worth to go to probate?
In this article, you’ll learn about:
Let’s dig in.
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How much an estate has to be worth to go to probate varies by state.
The thresholds range from $15,000 to $200,000.
In some states, there is no specific threshold.
And alternative probate procedures depend on factors like:
For exact probate requirements:
In this section, we provide tables detailing:
The information is for all 50 U.S. states and the District of Columbia.
These tables help clarify how much an estate has to be worth to go to probate in each state.
Probate laws vary widely between states.
Knowing the specific regulations and alternatives is crucial when settling an estate.
For the latest information, consult:
| State | Probate Threshold | Alternative Probate Procedures | Additional Notes or Conditions |
|---|---|---|---|
| Alabama | $25,000 | Small Estate Administration | Applies to personal property |
| Alaska | $50,000 (real property), $100,000 (personal property) | Small Estate Affidavit | Separate thresholds for real and personal property |
| Arizona | $100,000 (real property), $75,000 (personal property) | Small Estate Affidavit | Separate thresholds for real and personal property |
| Arkansas | $100,000 | Small Estate Administration | Applies to personal property |
| California | $166,250 | Small Estate Affidavit, Spousal Property Petition | Gross value of personal property, not including real property |
| Colorado | $78,000 | Small Estate Affidavit | Applies to personal property |
| Connecticut | $40,000 | Small Estate Affidavit | Applies to personal property |
| Delaware | $30,000 | Small Estate Affidavit | Applies to personal property |
| Florida | $75,000 (excluding homestead) | Summary Administration | Estate value excludes homestead property |
| Georgia | No specific threshold | Petition for Year's Support, Small Estate Affidavit | May depend on specific circumstances of the estate |
| Hawaii | $100,000 | Small Estate Affidavit | Applies to personal property |
| Idaho | $100,000 | Small Estate Affidavit | Applies to personal property |
| Illinois | $100,000 (excluding real property) | Small Estate Affidavit | Applies only to personal property, not real property |
| Indiana | $50,000 | Summary Administration | Applies to personal property |
| Iowa | 100,000 | Small Estate Affidavit | Applies to personal property |
| Kansas | $40,000 | Simplified Estate Administration | Applies to personal property |
| Kentucky | $15,000 | Small Estate Affidavit | Applies to personal property |
| Louisiana | No specific threshold | Small Succession, Affidavit of Small Succession | May depend on specific circumstances of the estate |
| Maine | $20,000 | Small Estate Affidavit | Applies to personal property |
| Maryland | $50,000 (regular), $100,000 (if spouse is sole heir) | Small Estate Administration | Applies to personal property |
| Massachusetts | No specific threshold | Voluntary Administration (Small Estate) | Estates with a value of up to $25,000 plus the cost of a funeral |
| Michigan | $24,000 | Small Estate Administration, Summary Proceedings | Applies to personal property |
| Minnesota | $75,000 | Collection of Personal Property by Affidavit | Applies to personal property |
| Mississippi | $50,000 | Summary Administration | Applies to personal property |
| Missouri | $40,000 | Small Estate Administration | Applies to personal property |
| Montana | $50,000 | Small Estate Affidavit | Applies to personal property |
| Nebraska | $50,000 | Small Estate Affidavit | Applies to personal property |
| Nevada | $25,000 | Summary Administration, Affidavit of Entitlement | Applies to personal property |
| New Hampshire | $25,000 | Small Estate Affidavit | Applies to personal property |
| New Jersey | No specific threshold | Affidavit of Surviving Spouse or Next of Kin, Small Estate Affidavit | May depend on specific circumstances of the estate |
| New Mexico | $50,000 | Small Estate Affidavit | Applies to personal property |
| New York | $50,000 (excluding real property) | Voluntary Administration (Small Estate) | Applies only to personal property, not real property |
| North Carolina | $20,000 ($30,000 for a surviving spouse) | Small Estate Administration | Applies to personal property |
| North Dakota | 50,000 | Small Estate Affidavit | Applies to personal property |
| Ohio | No specific threshold | Release from Administration, Summary Release | Depends on estate complexity, assets, and other factors |
| Oklahoma | $200,000 | Summary Administration | Applies to personal property |
| Oregon | $275,000 (real property), $75,000 (personal property) | Small Estate Affidavit | Separate thresholds for real and personal property |
| Pennsylvania | No specific threshold | Small Estate Petition, Short Certificate | May depend on specific circumstances of the estate |
| Rhode Island | $15,000 | Small Estate Affidavit | Applies to personal property |
| South Carolina | $25,000 | Summary Administration | Applies to personal property |
| South Dakota | 50,000 | Small Estate Affidavit | Applies to personal property |
| Tennessee | $50,000 | Small Estate Administration | Applies to personal property |
| Texas | No specific threshold | Independent Administration, Muniment of Title, Small Estate Affidavit | Dependent on complexity or other factors |
| Utah | $100,000 | Small Estate Affidavit | Applies to personal property |
| Vermont | $10,000 | Small Estate Affidavit | Applies to personal property |
| Virginia | $50,000 | Small Estate Act, Affidavit for Collection of Personal Property | Applies to personal property |
| Washington | No specific threshold | Small Estate Affidavit | May depend on specific circumstances of the estate |
| West Virginia | $100,000 | Small Estate Affidavit | Applies to personal property |
| Wisconsin | $50,000 | Summary Settlement, Transfer by Affidavit | Applies to personal property |
| Wyoming | $200,000 | Summary Procedure, Affidavit in Lieu of Probate | Applies to personal property |
To determine the estate value at death, follow these steps:
Remember that estate valuation can be complex.
Especially if the decedent owned a variety of assets or had significant debts.
It’s recommended to consult with an:
This is to ensure accuracy and compliance with all applicable laws and regulations.
Here are other questions we get related to how much an estate has to be worth to go to probate.
Assets not considered part of an estate typically include those:
Examples of assets not considered a part of an estate are:
These assets pass directly to the beneficiaries or co-owners, bypassing the probate process.
Assets that go through probate are those owned solely by the decedent without any designated beneficiaries or co-owners.
Examples of assets that go through probate include:
Assets that typically bypass probate are those:
Bank accounts typically have to go through probate.
That is unless they:
These accounts automatically pass to the named beneficiaries or surviving joint account holders.
And these types of bank accounts don’t have to go through the probate process.
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