Small Estate Thresholds by State
Current coverage: the 10 largest US states (≈54% of the US population). Remaining states and DC are added as their data is verified against official sources.
Whether an estate needs full probate usually comes down to one number: the state's small-estate threshold. Below it, heirs can use an affidavit or simplified procedure and often skip court entirely. The spread is enormous — North Carolina's $20,000 versus California's $208,850 — and the property rules (personal only vs. real estate) differ just as much.
| State | Small-estate threshold | Probate filing fee | Probate court |
|---|---|---|---|
| California | $208,850 personal property§13100 affidavit; deaths on/after 4/1/2025; adjusts every 3 years | $435uniform statewide; small local surcharges in a few counties | Superior Court — Probate Division |
| Texas | $75,000excluding homestead and exempt property; intestate estates only | $250–$450county-set — e.g., Gregg County $360 base | County court / statutory probate court |
| Florida | ≈$340 filing feeestates ≤ $75,000 or death > 2 years ago | ≈$400statutory cap $395 + ~$4 service charge (Fla. Stat. § 28.2401) | Circuit Court (probate division) |
| New York | $50,000 personal propertyvoluntary administration — $1 filing fee | $45–$1,250scales with estate size (SCPA § 2402) | Surrogate's Court |
| Pennsylvania | $50,000gross value, excluding real estate (20 Pa.C.S. § 3102) | ≈$100–$500+ (by county & estate size)e.g., Philadelphia: ~$174 (small estates) to ~$895+ ($500k–600k) | Register of Wills; disputes in Orphans' Court |
| Illinois | $100,000 personal propertyaffidavit used outside court (755 ILCS 5/25-1) | ≈$150–$479 (by county)Cook County: $479 to open | Circuit Court (probate division) |
| Ohio | ≤ $35,000 — or ≤ $100,000 to surviving spouseORC 2113.03 | ≈$200–$300county-set — Franklin County: $250 recommended deposit | Probate Court (each county) |
| Georgia | No general affidavit — 'no administration necessary' order insteadbank deposits ≤ $15,000 payable to family by affidavit | ≈$150–$250fairly uniform statutory schedule — e.g., Cobb County $200 (solemn form) | Probate Court (each county) |
| North Carolina | $20,000 — $30,000 if spouse is sole heircollection by affidavit, 30-day wait (G.S. 28A-25-1) | $120+ estate fee of $0.40 per $100 of personal property (min $15, max $6,000) | Clerk of Superior Court (ex officio probate judge) |
| Michigan | $53,000 (2026)indexed annually; petition for assignment can include real property | $150 statewide (+$25 e-filing)plus a value-based inventory fee | Probate Court (each county) |
Figures verified against official sources on the dates shown on each state page (all 2026-08-24 at launch).
Watch the fine print: most thresholds count personal property only (California, New York, Pennsylvania, Illinois, North Carolina), Texas excludes the homestead and exempt property, Ohio's figure jumps to $100,000 when everything passes to the surviving spouse, Michigan's adjusts annually ($53,000 in 2026), and Georgia has no general affidavit at all — but offers an uncapped 'no administration necessary' order for debt-free intestate estates. California is now a special case: alongside its $208,850 personal-property affidavit, a 2025 reform lets a primary residence worth up to $750,000 pass by court petition (DE-310), and other small-value real property up to $69,625 by affidavit.
Several thresholds are indexed or periodically revised, so the effective date matters. Each state page shows the date LawLintel last verified the figure and links to the controlling statute.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.