Data asset · 50 states
US probate thresholds
The dollar limit under which every US state lets an estate skip full probate. Sorted highest to lowest.
US small estate thresholds range from $10,000 (Georgia, New Hampshire) to $200,000 (Wyoming). California sits at $184,500 under Prob. Code §13100. Below the threshold, heirs use a small estate affidavit instead of formal probate. Above it, the estate goes through the state's probate court under its Estates or Probate Code.
| State | Threshold | Statute | Court |
|---|---|---|---|
| Wyoming | $200,000 | § 2-1-201 | District Court |
| California | $184,500 | Prob. Code § 13100 | Superior Court |
| Louisiana | $125,000 | CCP Art. 3431 | District Court |
| Arkansas | $100,000 | § 28-41-101 | Circuit Court |
| Hawaii | $100,000 | § 560:3-1201 | Circuit Court |
| Idaho | $100,000 | § 15-3-1201 | Magistrate Court |
| Illinois | $100,000 | 755 ILCS 5/25-1 | Circuit Court |
| Nevada | $100,000 | NRS 146.080 | District Court |
| Utah | $100,000 | § 75-3-1201 | District Court |
| Washington | $100,000 | RCW 11.62.010 | Superior Court |
| West Virginia | $100,000 | § 44-1A-2 | County Commission |
| Colorado | $80,000 | § 15-12-1201 | District Court |
| Arizona | $75,000 | § 14-3971 | Superior Court |
| Florida | $75,000 | § 735.201 | Circuit Court |
| Minnesota | $75,000 | § 524.3-1201 | District Court |
| Oregon | $75,000 | ORS 114.515 | Circuit Court |
| Texas | $75,000 | Estates Code § 205 | Statutory Probate Court |
| Alaska | $50,000 | AS 13.16.680 | Superior Court |
| Indiana | $50,000 | § 29-1-8-1 | Probate Court |
| Iowa | $50,000 | § 635.1 | District Court |
| Maryland | $50,000 | § 5-601 | Orphans Court |
| Mississippi | $50,000 | § 91-7-322 | Chancery Court |
| Montana | $50,000 | § 72-3-1101 | District Court |
| Nebraska | $50,000 | § 30-24,125 | County Court |
| New Jersey | $50,000 | § 3B:10-3 | Surrogate Court |
| New Mexico | $50,000 | § 45-3-1201 | District Court |
| New York | $50,000 | SCPA § 1301 | Surrogate Court |
| North Dakota | $50,000 | § 30.1-23-01 | District Court |
| Oklahoma | $50,000 | § 58-241 | District Court |
| Pennsylvania | $50,000 | § 3102 | Orphans Court |
| South Dakota | $50,000 | § 29A-3-1201 | Circuit Court |
| Tennessee | $50,000 | § 30-4-103 | Chancery Court |
| Virginia | $50,000 | § 64.2-601 | Circuit Court |
| Wisconsin | $50,000 | § 867.03 | Circuit Court |
| Vermont | $45,000 | 14 V.S.A. § 1902 | Probate Division |
| Connecticut | $40,000 | § 45a-273 | Probate Court |
| Kansas | $40,000 | § 59-1507b | District Court |
| Maine | $40,000 | § 3-1201 | Probate Court |
| Missouri | $40,000 | § 473.097 | Probate Court |
| Ohio | $35,000 | § 2113.03 | Probate Court |
| Delaware | $30,000 | 12 Del. C. § 2306 | Court of Chancery |
| Kentucky | $30,000 | KRS 391.030 | District Court |
| Alabama | $25,000 | § 43-2-692 | Probate Court |
| Massachusetts | $25,000 | § 3-1201 | Probate and Family Court |
| Michigan | $25,000 | § 700.3982 | Probate Court |
| South Carolina | $25,000 | § 62-3-1201 | Probate Court |
| North Carolina | $20,000 | § 28A-25-1 | Clerk of Superior Court |
| Rhode Island | $15,000 | § 33-24-1 | Probate Court |
| Georgia | $10,000 | § 53-2-40 | Probate Court |
| New Hampshire | $10,000 | § 553:32 | Probate Court |
Sourced from each state's estates or probate code. Verify with the county court before filing. Table last reviewed for 2026.
Related: Small estate affidavit · Probate cost by state · Probate timeline
Common questions
What is a small estate threshold?
The maximum estate value that can be settled without full probate. Below the threshold, heirs can usually use a small estate affidavit or summary administration. Above it, the estate goes through formal probate at the relevant state court.
Do thresholds change?
Yes. Many states index the threshold to inflation and update on a statutory schedule. California moved from $166,250 to $184,500 in 2022. Always check with the local court before filing.
Do the thresholds count real estate?
Usually not for the small estate affidavit. Most states cap the affidavit at personal property. Real property either follows a separate small estate real property affidavit or requires probate. Rules vary.
Which state has the highest threshold?
Wyoming caps its small estate procedure at $200,000, one of the highest in the country. California follows at $184,500. Georgia and New Hampshire are among the lowest at $10,000.