Small Estate Thresholds by State — Complete 50-State Comparison
Every state's small estate threshold for simplified probate: affidavit limits, summary administration cutoffs, and how to use them. Updated 2025.
What is a small estate threshold?
Every state offers some form of simplified probate procedure for smaller estates. Below certain dollar thresholds, heirs can collect assets through simplified procedures — avoiding the full formal probate process entirely. These thresholds vary dramatically: California's affidavit threshold is $208,850 (as of April 2025); Wisconsin's is just $50,000; a few states have no simplified procedure at all.
Understanding your state's threshold is critical: if the estate qualifies, you may be able to resolve the entire matter in weeks rather than months or years.
| State | Affidavit / Summary Threshold | Real Property Included? | Notes |
|---|---|---|---|
| Alabama | $47,000 (adjusted annually) | No | Summary distribution; threshold raised by Revised Small Estates Act 2025 |
| Alaska | $50,000 personal property; $100,000 vehicles | No | UPC informal probate available for most estates |
| Arizona | $200,000 (personal); $300,000 (real property) | Yes | Thresholds raised by HB 2116, effective Sep 2025 |
| Arkansas | $100,000 | No | Affidavit for personal property only |
| California | $208,850 (as of April 2025) | Yes* | Threshold counts real + personal property combined; affidavit transfers personal property only. Separate court petition for real property up to $750K. Adjusted every 3 years for CPI |
| Colorado | $86,000 (personal, inflation-adjusted) | No | UPC state; informal probate widely available |
| Connecticut | $40,000 | No | Affidavit for personal property only |
| Delaware | $30,000 | No | Limited summary process |
| Florida | $75,000 (summary administration) | Yes | Summary administration for estates under $75K or any size if 2+ years since death |
| Georgia | $15,000 (bank deposit affidavit) | No | Very limited simplified process |
| Hawaii | $100,000 | No | Summary administration; real property still requires full probate |
| Idaho | $100,000 | No | Affidavit; UPC informal probate also available |
| Illinois | $150,000 | No | Small estate affidavit (threshold raised Aug 2025) |
| Indiana | $100,000 | No | Small estate affidavit (threshold raised July 2022) |
| Iowa | $50,000 (affidavit); $200,000 (simplified) | Both | Tiered system — very generous simplified threshold |
| Kansas | $75,000 | No | Simplified successor's affidavit |
| Kentucky | $30,000 | No | Small estate settlement |
| Louisiana | $125,000 (small succession) | Yes | Unique civil law small succession procedure |
| Maine | $51,100 (inflation-adjusted; base $40,000) | No | Small estate voluntary administration |
| Maryland | $50,000 (or $100,000 if all to spouse) | No | Modified administration available |
| Massachusetts | $25,000 (voluntary administration) | No | Very low threshold; most estates require full probate |
| Michigan | $53,000 (2026, adjusted annually) | No | UPC state; threshold adjusted for cost of living |
| Minnesota | $75,000 | No | Affidavit for personal property |
| Mississippi | $75,000 (affidavit) | No | Threshold raised by SB 2850, effective July 2020 |
| Missouri | $40,000 | No | Simplified succession affidavit |
| Montana | $100,000 | No | Affidavit; UPC state |
| Nebraska | $50,000 | No | Affidavit; UPC state |
| Nevada | $25,000 (affidavit); $100,000 (set aside) | Both | Set-aside procedure up to $100,000 with court approval |
| New Hampshire | Waiver of administration (RSA 553:32) | No | No fixed dollar threshold; based on estate simplicity |
| New Jersey | $20,000 (or $50,000 if to surviving spouse) | No | Affidavit of survivorship |
| New Mexico | $50,000 | No | Affidavit; UPC state |
| New York | $50,000 (voluntary administration) | No | Very busy Surrogate's Courts; threshold relatively low |
| North Carolina | $20,000 (or $30,000 to surviving spouse) | No | Summary administration |
| North Dakota | $100,000 | No | Affidavit; UPC state |
| Ohio | $35,000 (or $100,000 if entire estate to surviving spouse) | No | Release from administration |
| Oklahoma | $200,000 (summary) | Both | Generous summary administration threshold |
| Oregon | $75,000 (personal); $200,000 (real) | Both | Separate thresholds by asset type |
| Pennsylvania | $50,000 | No | Affidavit for personal property |
| Rhode Island | $15,000 | No | Very low threshold; town-court system |
| South Carolina | $45,000 | No | Small estate |
| South Dakota | $50,000 | No | Affidavit; UPC state |
| Tennessee | $50,000 | No | Small estate affidavit |
| Texas | No fixed threshold (Muniment of Title or affidavit) | Yes | Muniment of Title if only debts are secured by real property |
| Utah | $100,000 | No | Affidavit; UPC state |
| Vermont | $45,000 | No | Small estate settlement |
| Virginia | $75,000 | No | Small estate affidavit |
| Washington | $100,000 | No | Affidavit; non-intervention powers |
| West Virginia | $50,000 (affidavit) | No | Small estate affidavit |
| Wisconsin | $50,000 | No | Summary settlement |
| Wyoming | $400,000 (summary) | Both | One of the highest thresholds nationally (raised July 2025) |
Important limitations on small estate procedures
Most affidavits cover only personal property. The most common limitation: small estate affidavits in most states only cover personal property (bank accounts, vehicles, personal effects) — not real estate. If the estate includes a house or other real property, full probate is usually required for that asset regardless of the total estate value.
Waiting periods still apply. Most states require a waiting period after death before a small estate affidavit can be used — typically 30 to 45 days. Some states require 6 months or more.
Heirs assume liability. When you collect assets using a small estate affidavit, you typically certify that no probate is pending and that no creditors have unpaid claims. If creditors later surface, you may be personally liable to repay them up to the amount you collected.
Thresholds are based on gross value. In most states, the threshold is based on the gross value of the estate — not the net value after debts. A $60,000 estate with $50,000 in debt is still a $60,000 estate for threshold purposes in most states.
Even if the estate qualifies for simplified probate, an inheritance advance can help heirs who need immediate access to funds before the process completes. Request a free quote or call (800) 617-7260.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by your use of this website or by any communication with First Heritage Funding or its employees. Although members of our team are licensed attorneys, First Heritage Funding is an inheritance advance company, not a law firm, and does not provide legal representation or legal services. Nothing on this website should be relied upon as a substitute for professional legal or financial counsel. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. You should not act or refrain from acting based on information on this site without first consulting a qualified attorney or financial advisor in your jurisdiction.
Small Estate Threshold FAQ
A small estate affidavit is a legal document that allows heirs to collect assets from a small estate without going through formal probate. The heir signs the affidavit stating they are entitled to the asset under the will or intestate succession law, that the estate qualifies as a small estate under state law, and that no formal probate is pending. Financial institutions, the DMV, and others then release the assets.
In most states, no. The most common limitation is that small estate affidavits only cover personal property — bank accounts, vehicles, brokerage accounts, and personal effects. Real estate typically requires formal probate or a separate simplified procedure (like California's court petition under Probate Code Sections 13150–13157 or Florida's homestead procedure). A handful of states do allow simplified procedures for both real and personal property.
If you claim the estate qualifies as a small estate and it does not — either because you underestimated the value or failed to account for all assets — you may be personally liable for the difference. Heirs who use small estate affidavits assume the risk that they have correctly accounted for all assets and debts. If creditors surface later, they can seek repayment from the heirs who collected via affidavit.
Yes — simplified procedures are typically much faster than full probate. An affidavit collection might take a few weeks. Summary administration might take 2–4 months. Full formal probate typically takes 9 months to 2+ years. Even so, if you need funds immediately, an inheritance advance can provide access to cash within 48 hours of approval.
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