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State guides

The rules that matter after a death, and when you plan ahead, are set by each state. Pick your state to see the small estate limit, the probate court, taxes, how to sign a will, and where to find the official court forms.

Checked September 2026

These guides are general information, not legal advice. Laws and amounts change, and the right path depends on the details. Before you file anything, check with the probate court in the county where the person lived, or talk with an estate attorney.

All 50 states and DC at a glance

Tap a state for its full guide.

Small estate limits, taxes and transfer on death deeds by state
StateSmall estate limitState estate taxInheritance taxTransfer on death deed
AlabamaAbout $47,000 (sum of the inflation adjusted allowances; confirm with the probate court)NoNoNo
Alaska$50,000 personal property, plus vehicles up to $100,000NoNoYes
Arizona$200,000 personal property; $300,000 real propertyNoNoYes
Arkansas$100,000 (not counting homestead and family allowances)NoNoYes
California$208,850 (deaths on or after April 1, 2025)NoNoYes
Colorado$88,000 (deaths in 2026)NoNoYes
Connecticut$40,000 personal property, with no solely owned real estateYes, above $15,000,000 (deaths in 2026, equal to the federal basic exclusion)NoNo
Delaware$50,000 personal property, with no solely owned Delaware real estateNoNoYes
District of Columbia$80,000 (since March 21, 2025)Yes, above $4,988,400 (deaths in 2026)NoYes
Florida$150,000 (not counting exempt property), or any amount if dead more than 2 yearsNoNoNo
GeorgiaNo general limit. Bank deposits up to $15,000 by affidavit.NoNoNo
Hawaii$100,000 gross (not counting motor vehicles)Yes, above $5,490,000NoYes
Idaho$100,000NoNoNo
Illinois$150,000 (deaths on or after August 15, 2025), not counting registered vehiclesYes, above $4,000,000NoYes
Indiana$100,000 (deaths after June 30, 2022)NoNoYes
Iowa$50,000 for the affidavit; $200,000 for small estate administration in courtNoNoNo
Kansas$75,000NoNoYes
KentuckyProbate assets no more than the $30,000 spouse exemption plus preferred claimsNoYesNo
Louisiana$125,000 gross value, or any value if the death was at least 20 years agoNoNoNo
Maine$40,000 adjusted for inflation since 2017 (county probate courts post the current figure)Yes, above $7,160,000 (deaths in 2026)NoYes
Maryland$50,000, or $100,000 if the surviving spouse is the only heir or beneficiaryYes, above $5,000,000YesYes
Massachusetts$25,000 of personal property plus one motor vehicleYes, above $2,000,000NoNo
Michigan$50,000, adjusted yearly for inflation (2026 adjusted amount not confirmed)NoNoNo
Minnesota$75,000Yes, above $3,000,000NoYes
Mississippi$75,000NoNoYes
Missouri$40,000NoNoYes
Montana$100,000NoNoYes
Nebraska$100,000 for personal property; separate $100,000 limit for Nebraska real estateNoYesYes
Nevada$25,000 ($150,000 if the claimant is the surviving spouse); $150,000 set aside; $500,000 summary administrationNoNoYes
New HampshireNone (no dollar based procedure)NoNoYes
New Jersey$50,000 (spouse or domestic partner); $20,000 (other heirs)NoYesNo
New Mexico$50,000 (spouse’s home affidavit: $500,000 assessed value)NoNoYes
New York$50,000Yes, above $7,350,000 (deaths in 2026)NoYes
North Carolina$20,000 ($30,000 if the surviving spouse is the only heir)NoNoNo
North Dakota$100,000NoNoYes
Ohio$35,000, or $100,000 if the surviving spouse gets everythingNoNoYes
Oklahoma$50,000NoNoYes
OregonUp to $75,000 of personal property and up to $200,000 of real propertyYes, above $1,000,000 (filing threshold, not indexed for inflation)NoYes
Pennsylvania$50,000 of personal propertyNoYesNo
Rhode Island$15,000 (personal property only, not counting tangible personal property)Yes, above $1,838,056NoNo
South Carolina$45,000 (probate estate, less liens and encumbrances)NoNoNo
South Dakota$100,000 (entire estate, less liens and encumbrances)NoNoYes
Tennessee$50,000 (probate property only)NoNoNo
Texas$75,000 (not counting homestead and exempt property)NoNoYes
Utah$100,000 (estate subject to probate, less liens and encumbrances)NoNoYes
Vermont$45,000 (personal property only, no real estate except a timeshare)Yes, above $5,000,000NoNo
Virginia$75,000 (personal probate estate)NoNoYes
Washington$100,000 (probate estate, not counting the surviving spouse’s community property share)Yes, above $3,076,000 for deaths January 1 to June 30, 2026. $3,000,000 for deaths on or after July 1, 2026.NoYes
West Virginia$100,000 (assets subject to administration, not counting real estate)NoNoYes
Wisconsin$50,000 (gross value of property subject to administration)NoNoYes
Wyoming$400,000 (entire Wyoming estate, less liens and encumbrances)NoNoYes

Small estate limits often count only some kinds of property, and many states have more than one simple process. Each state guide explains the details.

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