How Much Does an Estate Have to Be Worth to Go to Probate?

Every state sets its own dollar threshold for when an estate must go through formal probate. These thresholds range from as low as $10,000 to over $200,000, depending on where the deceased person lived and the types of assets they left behind. If the estate's total probate assets fall below the state's limit, the estate may qualify for simplified probate or a small estate affidavit, both of which are faster, cheaper, and involve far less paperwork.

But here is what most people do not realize: probate is not just about how much the estate is worth. It also depends on what types of assets are involved, whether they have named beneficiaries, and whether proper estate planning was done before death. A $500,000 estate with a living trust may avoid probate entirely, while a $50,000 estate with a single bank account in the deceased person's name alone might require full court proceedings.

This guide breaks down the probate thresholds for all 50 states, explains which assets count toward the threshold (and which do not), and shows you the most effective ways to keep your estate out of probate court.

What Is Probate, and Why Does Estate Value Matter?

Probate is the court-supervised legal process that validates a deceased person's will, settles their debts, and distributes their remaining assets to the rightful beneficiaries. If someone dies without a will (known as dying "intestate"), the probate court follows the state's intestacy laws to determine who inherits what.

The value of the estate matters because every state has laws that distinguish between estates large enough to require formal probate and smaller estates that can use expedited processes. Estates that exceed the state's threshold must go through formal probate, which typically involves filing petitions with the court, appointing a personal representative (executor), notifying creditors, inventorying assets, and obtaining court approval before distributing anything to heirs.

Smaller estates that fall below the threshold can often skip much of this process by using a small estate affidavit or a simplified probate procedure, saving families thousands of dollars in legal fees, months of waiting, and the emotional toll of prolonged court involvement.

Probate Thresholds by State (2026)

Each state defines its own threshold for when formal probate is required. Many states also offer two separate tracks: a small estate affidavit (which avoids court entirely) and a simplified probate procedure (which still involves the court but with fewer steps). Here are the current thresholds for every state:

State	Small Estate Affidavit Threshold	Simplified Probate Threshold
Alabama	N/A	$37,075 (personal property, adjusted for inflation)
Alaska	$50,000 (personal property) + $100,000 (vehicles)	Varies by allowances/exemptions
Arizona	$200,000 (personal property) / $300,000 (real property)	Varies by allowances/exemptions
Arkansas	$100,000 (personal property and/or real estate)	N/A
California	$208,850 (personal property) / $69,625 (real property)	$750,000 (primary residence only)
Colorado	$86,000 (personal property, adjusted for inflation)	Varies by allowances/exemptions
Connecticut	N/A	$40,000 (personal property)
Delaware	$30,000 (personal property)	N/A
District of Columbia	N/A	$80,000 (personal property and/or real estate)
Florida	Varies by allowances/exemptions	$75,000 (not counting exempt property)
Georgia	N/A	No set dollar amount (no will, no debts, heirs agree)
Hawaii	$100,000 (personal property and/or real estate)	Varies by allowances/exemptions
Idaho	$100,000 (personal property and/or real estate)	Varies by allowances/exemptions
Illinois	$150,000 (personal property, excl. motor vehicles)	$100,000 (personal property and real estate)
Indiana	$100,000 (personal property and/or real estate)	$100,000 (plus administration/funeral expenses)
Iowa	$50,000 (personal property)	$200,000 (personal property and real estate)
Kansas	$75,000 (personal property and/or real estate)	Varies by allowances/exemptions
Kentucky	N/A	$30,000 (personal property, spouse/children only)
Louisiana	$125,000 (personal property and/or real property)	$125,000
Maine	$52,500 (adjusted for inflation)	Varies by allowances/exemptions
Maryland	$50,000 ($100,000 if spouse is sole heir)	N/A
Massachusetts	N/A	$25,000 (personal property, no real estate)
Michigan	$25,000 (personal property)	N/A
Minnesota	$75,000 (personal property)	N/A
Mississippi	$75,000 (total estate value)	N/A
Missouri	$40,000 (personal property)	N/A
Montana	$50,000 (personal property and/or real estate)	Varies by allowances/exemptions
Nebraska	$50,000 (personal property)	Varies by allowances/exemptions
Nevada	$25,000 (personal property) / $100,000 (real property)	N/A
New Hampshire	N/A	Varies by allowances/exemptions
New Jersey	$50,000 (personal property, spouse/domestic partner only)	N/A
New Mexico	$50,000 (personal property and/or real estate)	Varies by allowances/exemptions
New York	$50,000 (personal property, no real estate)	N/A
North Carolina	$30,000 ($30,000 or less if spouse is sole heir)	N/A
North Dakota	$50,000 (personal property and/or real estate)	Varies by allowances/exemptions
Ohio	$40,000 (personal property)	$100,000 (if surviving spouse is sole heir)
Oklahoma	$200,000 (personal property and/or real estate)	N/A
Oregon	$75,000 (personal property) / $200,000 (real property)	N/A
Pennsylvania	$50,000 (personal property)	N/A
Rhode Island	N/A	N/A
South Carolina	$25,000 (personal property and/or real estate)	N/A
South Dakota	$50,000 (personal property and/or real estate)	Varies by allowances/exemptions
Tennessee	$50,000 (personal property)	N/A
Texas	$75,000 (total estate, excl. homestead/exempt property)	Varies by situation
Utah	$100,000 (personal property and/or real estate)	Varies by allowances/exemptions
Vermont	$45,000 (personal property)	N/A
Virginia	$50,000 (personal property)	N/A
Washington	$100,000 (personal property and/or real estate)	N/A
West Virginia	$100,000 (total estate value)	N/A
Wisconsin	$50,000 (personal property and/or real estate)	N/A
Wyoming	$200,000 (personal property and/or real estate)	Varies by allowances/exemptions

Important notes about this table:

• These thresholds are current as of March 2026 and are subject to legislative changes. Always verify with your state's probate code or a licensed attorney before making estate planning decisions.

• "Personal property" generally refers to assets other than real estate, such as bank accounts, vehicles, investments, and personal belongings.

• Some states adjust these thresholds annually for inflation (including Alabama, Arizona, California, Colorado, and Maine).

• Several states (like New York and Massachusetts) do not allow real estate to pass through the small estate process, even if the estate's total value is below the threshold.

Even if your estate falls below your state's probate threshold, a living trust still provides significant benefits. A trust protects you if you become incapacitated during your lifetime, keeps your estate completely private (unlike probate, which is public record), and prevents your assets from being distributed under your state's default intestacy rules if something goes wrong with a will. Probate avoidance is one reason to create a trust, but it is far from the only one.

Which Assets Count Toward the Probate Threshold?

Not everything the deceased owned counts toward the probate threshold. Only "probate assets," meaning assets held solely in the deceased person's name without a beneficiary designation, joint ownership, or trust, are included in the calculation.

Assets that typically count toward probate:

• Bank accounts held in the deceased person's name alone

• Real estate titled solely in the deceased person's name (in states that include real property)

• Vehicles titled only in the deceased person's name

• Personal property (jewelry, furniture, collectibles)

• Investment accounts without a beneficiary designation

Assets that typically bypass probate (and do not count toward the threshold):

• Life insurance policies with a named beneficiary

• Retirement accounts (401(k), IRA) with a named beneficiary

• Property held in a living trust

• Real estate held in joint tenancy with right of survivorship

• Payable-on-death (POD) or transfer-on-death (TOD) bank and investment accounts

• Property held as community property with right of survivorship (in community property states)

Understanding this distinction is critical. You can own a $1 million home and $500,000 in retirement accounts, but if the home is in a living trust and the retirement accounts have named beneficiaries, your "probate estate" might consist of nothing more than a checking account and a car, potentially falling well below your state's threshold.

What Is a Small Estate Affidavit?

A small estate affidavit is a sworn, notarized document that allows an heir or beneficiary to collect the deceased person's assets without going through probate. Instead of petitioning the court, the heir presents the affidavit directly to banks, financial institutions, or whoever holds the deceased person's property.

Most states that offer this process require a waiting period after the death (commonly 30 to 45 days), the estate's total probate assets to fall below the state's threshold, the person filing to be a rightful heir or beneficiary under the will or state law, and a sworn statement that the estate qualifies and that the filer is authorized to collect the assets.

The small estate affidavit process is significantly faster and less expensive than formal probate. While formal probate can take six months to a year (or longer), a small estate affidavit can resolve asset transfers in a matter of weeks.

However, small estate affidavits do have limitations. Many states exclude real estate from the small estate affidavit process entirely. If the deceased owned a home titled solely in their name, the estate may need to go through formal probate regardless of the total dollar value, unless the property was held in a trust or had another probate-avoidance mechanism in place.

How Much Does Probate Cost?

The cost of probate varies widely depending on the state, the complexity of the estate, and whether disputes arise among heirs or creditors.

Court filing fees range from a few hundred dollars to over $400 in states like California. Attorney fees can be structured as flat fees, hourly rates, or statutory percentages of the estate's value. In California, for example, the statutory attorney fee on a $500,000 estate is $13,000. Across the country, attorney fees for probate typically range from $3,000 to $10,000 or more for moderately complex estates.

Executor or personal representative compensation is allowed in most states, often calculated as a percentage of the estate or as a reasonable hourly fee. Additional costs include property appraisals, accountant fees, bond premiums (if required by the court), and newspaper publication costs for creditor notifications.

In total, probate typically costs between 3% and 7% of the estate's total value. For a $300,000 estate, that could mean $9,000 to $21,000 in fees and costs, money that could otherwise go directly to the deceased person's family.

This is one of the primary reasons so many families look into how to avoid probate before it becomes an issue.

Does a Will Avoid Probate?

No. This is one of the most common misconceptions in estate planning. A will does not avoid probate. It actually requires probate. The probate court must validate the will (a process called "proving" the will), confirm the appointed executor, and supervise the distribution of assets according to the will's instructions.

A will tells the court what you want to happen with your assets. A living trust actually makes it happen without the court's involvement. Assets held in a properly funded living trust pass directly to the named beneficiaries according to the trust's terms, bypassing probate entirely.

If avoiding probate is one of your goals, and for most families it should be, a will alone is not enough.

You need a more comprehensive estate plan that includes a living trust or other probate-avoidance tools.

How to Avoid Probate

There are several strategies that can keep your assets out of probate court and save your family significant time, money, and stress. The most effective methods include:

Create a revocable living trust. This is the most comprehensive way to avoid probate. When you transfer your assets into a living trust, you maintain full control during your lifetime but remove those assets from your probate estate. After your death, the successor trustee distributes the assets to your beneficiaries according to the trust's terms, with no court involvement needed. A living trust also keeps your estate private, unlike probate, which is a matter of public record.

At 299trust.com, you can create a complete living trust estate plan for $299 (individual) or $399 (joint), a fraction of what most attorneys charge for the same documents.

Name beneficiaries on all eligible accounts. Adding beneficiary designations to your retirement accounts, life insurance policies, and bank accounts ensures these assets transfer directly to the people you choose, bypassing probate entirely. Be sure to also name contingent beneficiaries in case your primary beneficiary passes away before you do.

Use payable-on-death (POD) and transfer-on-death (TOD) designations. Most banks and brokerage firms allow you to add POD or TOD designations to your accounts. When you pass away, the designated person simply presents a death certificate and identification to claim the account, no probate required.

Hold property in joint tenancy with right of survivorship. Real estate and other assets held this way automatically transfer to the surviving owner upon death, bypassing probate. This approach works well for married couples but can create complications in blended families or other situations where you want more control over who ultimately inherits.

Consider a transfer-on-death deed (where available). More than half of U.S. states now allow transfer-on-death deeds for real estate. This allows you to name a beneficiary for your home without creating a trust. However, a TOD deed only covers one property. If you own multiple assets, a living trust is usually the more efficient choice.

The right approach depends on the size and complexity of your estate, your state's laws, and your family's specific needs. For most families with a home, retirement accounts, and dependents, a living trust combined with beneficiary designations provides the most complete protection against probate.

How to Put Your House in a Trust to Avoid Probate

Real estate is often the largest single asset in a person's estate, and it is also one of the most common triggers for formal probate, even in states with generous small estate affidavit thresholds that exclude real property.

To keep your home out of probate, you can transfer it into a revocable living trust. The process involves creating the trust, then recording a new deed that transfers ownership from your name to the name of the trust. You continue living in and using the home exactly as before, and you can sell or refinance it at any time.

For a detailed walkthrough of this process, see our guide on how to put your house in a trust.

Frequently Asked Questions

Does every estate have to go through probate?

Not necessarily. If all of the deceased person's assets have named beneficiaries, are held in a trust, or are jointly owned with right of survivorship, there may be nothing left to probate. However, if any assets are held solely in the deceased person's name without a beneficiary designation or trust, some form of probate or small estate proceeding is likely required.

What happens if you don't go through probate?

If probate is required but not initiated, the deceased person's assets effectively remain frozen. Banks will not release funds, real estate cannot be sold or transferred, and beneficiaries cannot legally claim their inheritance. In most states, there is also a deadline for filing probate (often four years), after which the estate may be distributed under intestate succession laws regardless of what the will says.

How long does probate take?

The timeline varies by state and by the complexity of the estate. Simple, uncontested estates may complete probate in four to six months. More complex estates, especially those involving real estate, business interests, creditor disputes, or family disagreements, can take one to two years or longer.

Can you probate a will without an attorney?

Technically, yes. Most states allow the executor to file probate paperwork without an attorney. However, the process can be complex, and mistakes can be costly. Some states (like California) require attorney representation for certain types of probate proceedings. For simple estates, many families choose to handle probate themselves. For larger or more complex estates, professional guidance is strongly recommended.

Is probate the same in every state?

No. Probate laws, timelines, costs, and thresholds vary significantly from state to state. Some states, like California and New York, have relatively complex probate systems with higher costs. Others, like Texas, offer more flexible options for smaller estates. This is why creating an estate plan tailored to your state's laws is so important.

What is the best way to avoid probate?

For most families, the most effective probate-avoidance strategy is creating a revocable living trust, naming beneficiaries on all eligible accounts, and using POD/TOD designations on bank and investment accounts. Combined, these tools can keep virtually all of your assets out of probate.

Start Protecting Your Family Today

Probate is expensive, time-consuming, and public. The good news is that with the right planning, it is also avoidable.

At 299trust.com, we help families create complete living trust estate plans for a fraction of the cost of hiring an attorney. Our plans include a revocable living trust, pour-over will, power of attorney, and advance healthcare directive, everything you need to keep your estate out of probate and your family protected.

Individual plans start at $299. Joint plans for couples start at $399.

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Disclaimer: The information in this article is for general educational purposes only and does not constitute legal advice. 299trust.com is not a law firm and does not provide legal representation. Estate planning laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state. Probate thresholds listed above are current as of March 2026 and may change due to legislative updates or inflation adjustments.