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Dollar threshold to avoid probate by state
Dollar threshold to avoid probate by state

The threshold for avoiding probate varies by state and is often determined by the total value of the estate's assets.

Updated over 4 months ago

These thresholds define a "small estate," which can qualify for simplified probate procedures or even avoid probate altogether. Here is a list of the small estate thresholds for various states in the U.S.:

These amounts can change regularly and can, in some cases, apply to the entire estate or just a single asset (e.g., such as a home or car). The information below is our best understanding and MUST be verified by you with an attorney who practices in your state.

Small Estate Thresholds by State (as of the latest information available):

  • Alabama: $30,000

  • Alaska: $50,000 (personal property) and $15,000 (vehicles)

  • Arizona: $75,000 (personal property) and $100,000 (real property)

  • Arkansas: $100,000

  • California: $184,500

  • Colorado: $74,000

  • Connecticut: $40,000

  • Delaware: $30,000

  • District of Columbia: $40,000

  • Florida: $75,000 or if the decedent has been dead for more than 2 years

  • Georgia: No specific threshold, depends on circumstances

  • Hawaii: $100,000 (real property) and $100,000 (personal property)

  • Idaho: $100,000

  • Illinois: $100,000

  • Indiana: $50,000

  • Iowa: $50,000

  • Kansas: $40,000

  • Kentucky: $30,000 (personal property)

  • Louisiana: $125,000

  • Maine: $40,000

  • Maryland: $50,000 (or $100,000 if the spouse is the sole heir)

  • Massachusetts: $25,000 (excluding the value of a car)

  • Michigan: $25,000 (excluding the value of a car)

  • Minnesota: $75,000

  • Mississippi: $50,000

  • Missouri: $40,000

  • Montana: $50,000

  • Nebraska: $50,000

  • Nevada: $100,000

  • New Hampshire: $25,000

  • New Jersey: $50,000 (spouse) or $20,000 (others)

  • New Mexico: $50,000

  • New York: $50,000

  • North Carolina: $20,000 (or $30,000 if the spouse is the sole heir)

  • North Dakota: $50,000

  • Ohio: $35,000 (or $100,000 if the spouse is the sole heir)

  • Oklahoma: $50,000

  • Oregon: $275,000 total ($200,000 in real property and $75,000 in personal property)

  • Pennsylvania: No specific threshold, simplified procedure for small estates

  • Rhode Island: $15,000

  • South Carolina: $25,000

  • South Dakota: $50,000

  • Tennessee: $50,000

  • Texas: $75,000

  • Utah: $100,000

  • Vermont: $45,000

  • Virginia: $50,000

  • Washington: $100,000

  • West Virginia: $100,000

  • Wisconsin: $50,000

  • Wyoming: $200,000

Notes:

  • The thresholds listed above are based on the total value of the estate’s assets.

  • These thresholds may change, so it's essential to verify the current limits with local probate courts or an estate attorney.

  • Simplified probate procedures may still involve some form of court oversight but are generally less burdensome than full probate.

Steps to Take:

  1. Identify Assets: Determine all the assets of the estate and their values.

  2. Check State Law: Verify the current small estate threshold and simplified procedures for the state in which the decedent resided.

  3. File the Necessary Documents: If the estate qualifies as a small estate, file the necessary documents with the probate court to initiate the simplified process.

  4. Consult with an Attorney: Consider consulting with an estate attorney to ensure all legal requirements are met and to streamline the process.

By understanding the small estate thresholds and procedures in your state, you can potentially avoid the lengthy and costly full probate process, ensuring a smoother and faster distribution of the estate’s assets to beneficiaries.

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