Probate Costs & Small-Estate Rules by State
Probate is the court process that transfers a deceased person's assets. Whether it is a quick paperwork exercise or a year-long proceeding depends mostly on one number: the state's small-estate threshold. Below it, heirs can often use an affidavit or simplified procedure and skip full administration entirely.
Those thresholds range from $20,000 of personal property in North Carolina to $208,850 in California — where a 2025 reform (AB 2016) also lets a primary residence worth up to $750,000 pass by court petition instead of full probate. Court filing fees to open probate range from about $45 (small New York estates) to over $1,200 (the largest New York estates — the only state here that scales the fee with estate size).
Probate by state
| State | Small-estate threshold | Verified |
|---|---|---|
| California | $208,850 personal property | 2026-08-24 |
| Texas | $75,000 | 2026-08-24 |
| Florida | ≈$340 filing fee | 2026-08-24 |
| New York | $50,000 personal property | 2026-08-24 |
| Pennsylvania | $50,000 | 2026-08-24 |
| Illinois | $100,000 personal property | 2026-08-24 |
| Ohio | ≤ $35,000 — or ≤ $100,000 to surviving spouse | 2026-08-24 |
| Georgia | No general affidavit — 'no administration necessary' order instead | 2026-08-24 |
| North Carolina | $20,000 — $30,000 if spouse is sole heir | 2026-08-24 |
| Michigan | $53,000 (2026) | 2026-08-24 |
Click a state for the full picture — fees, requirements, process steps, official forms and sources.
Full probate vs. simplified procedures
Full (formal) administration involves appointing an executor or administrator, notifying creditors, inventorying assets, and closing the estate under court supervision. Every state in this guide also offers at least one shortcut — small-estate affidavits, summary administration, muniment of title in Texas, voluntary administration in New York — each with its own dollar cap and property-type rules.
Most affidavit procedures cover personal property only. Real estate usually forces some form of court proceeding — though Michigan's small-estate assignment and Texas muniment of title can pass real property, and California's DE-310 petition (deaths on or after April 1, 2025) passes a primary residence worth up to $750,000 without full probate.
Executor compensation
California, New York, Ohio, Georgia, Florida and Texas set executor compensation by statute (usually a sliding percentage of the estate). Pennsylvania, Illinois, North Carolina and Michigan use a 'reasonable compensation' standard policed by the court.
Tools & comparisons
- Probate calculator — official fees separated from estimates
- Small Estate Thresholds by State
State guides
- California Probate Costs, Fees & Small Estate Rules — California
- Texas Probate Costs, Fees & Small Estate Rules — Texas
- Florida Probate Costs, Fees & Summary Administration — Florida
- New York Probate Costs, Fees & Small Estate Rules — New York
- Pennsylvania Probate Costs, Fees & Small Estate Rules — Pennsylvania
- Illinois Probate Costs, Fees & Small Estate Rules — Illinois
- Ohio Probate Costs, Fees & Small Estate Rules — Ohio
- Georgia Probate Costs, Fees & Small Estate Rules — Georgia
- North Carolina Probate Costs, Fees & Small Estate Rules — North Carolina
- Michigan Probate Costs, Fees & Small Estate Rules — Michigan
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.