How to Avoid Probate by State
Plain-English guides to the transfers that pass outside probate in all 50 states. Each guide documents beneficiary designations, joint ownership, TOD/POD designations, and the state's small-estate procedure and threshold — each cited to the state code.
| State | Transfer-on-death deed | Small-estate procedure |
|---|---|---|
| California | Available | $208,850 for deaths between April 1, 2025 and March 31, 2026; rises to $239,700 for deaths on or after April 1, 2026. |
| Texas | Available | $75,000 (excluding homestead and exempt property) qualifies for a Small Estate Affidavit under Texas Estates Code §205. |
| Florida | Available | Summary administration is available when the estate (excluding homestead) is $75,000 or less, OR the decedent has been deceased more than two years. |
| New York | Available | Voluntary administration (small estate) is available when personal property is $50,000 or less under SCPA Article 13. |
| Pennsylvania | Available | Under 20 Pa. C.S. §3102, the Orphans' Court may direct distribution of a small estate by petition if personal property does not exceed $50,000. Separately, 20 Pa. C.S. §3101 lets banks, employers, and life insurers release limited amounts directly to family without letters — the bank-deposit cap was raised from $10,000 to $20,000 effective January 23, 2026. |
| Illinois | Available | Under 755 ILCS 5/25-1, an estate qualifies for a Small Estate Affidavit if the gross personal estate does not exceed $150,000 (raised from $100,000 effective August 15, 2025). The estate cannot contain Illinois real estate, and no letters of office can be outstanding. Vehicles registered with the Illinois Secretary of State can be transferred separately. |
| Ohio | Available | Under ORC 2113.03, an estate may be 'released from administration' if probate assets are $35,000 or less, or $100,000 or less when everything passes to the surviving spouse. A separate 'summary release from administration' under ORC 2113.031 is available for estates of about $5,000 or less. |
| Georgia | Available | Georgia has no dollar-threshold small-estate affidavit. Instead it offers two alternatives: (1) 'Year's Support' under O.C.G.A. §53-3-1 et seq., which lets a surviving spouse and/or minor children petition to set aside estate property (with no statutory cap) for their 12-month support — the award has priority over creditors and beneficiaries; and (2) 'No Administration Necessary' under O.C.G.A. §53-2-40 through 53-2-42, available when the decedent died intestate, all heirs agree in a signed/notarized division, and the estate owes no debts (or all creditors consent). |
| North Carolina | Available | Under N.C.G.S. §28A-25-1, collection of personal property by affidavit is available when the decedent's personal property (less liens) does not exceed $20,000. The threshold rises to $30,000 if the affiant is the surviving spouse and sole heir (after reduction for any spousal allowance). The affidavit may be filed 30 days after death. |
| Michigan | Available | For decedents dying in 2026, the MCL 700.3982 'Petition and Order for Assignment' small-estate threshold is $53,000 (gross estate after funeral/burial expenses). The statutory base of $50,000 (set by 2024 PA 1) is adjusted annually under MCL 700.1210. A separate Transfer by Affidavit procedure (MCL 700.3983) under the same threshold is available 28 days after death. |
| Connecticut | Available | Under Conn. Gen. Stat. §45a-273, a small estate can be settled without full probate by filing an affidavit (PC-212) if the decedent's solely owned personal property — excluding assets passing outside probate by operation of law — does not exceed $40,000 and the decedent owned no solely owned real property in Connecticut at death. |
| Arkansas | Available | Under Ark. Code Ann. §28-41-101, heirs can collect a small estate by affidavit (no formal administration) if no personal representative has been appointed and at least 45 days have passed since death, and the value (less encumbrances) of all property — excluding the homestead and statutory allowances — does not exceed $100,000. The affidavit is filed with the probate clerk; if real property is included, notice must be published within 30 days of filing. |
| Indiana | Available | Indiana's small-estate affidavit procedure is in Ind. Code §29-1-8-1. For decedents dying after June 30, 2022, the gross probate estate (less liens and encumbrances) must not exceed $100,000 — raised from $50,000 effective July 1, 2022. At least 45 days must have passed since death, and no personal representative may be pending or appointed. Notably, Indiana allows the affidavit to be used to claim both personal property and (uncommon among states) real estate. |
| Oklahoma | Available | $50,000 for the small-estate affidavit to collect personal property under 58 O.S. §393 (fair market value of Oklahoma property, less liens and encumbrances). Separately, estates under $150,000 qualify for faster summary administration under 58 O.S. §241. |
| Oregon | Available | A small-estate (simple estate) affidavit under ORS 114.505–114.560 is available when personal property is $75,000 or less and real property is $200,000 or less — a combined cap of $275,000. |
| New Jersey | Available | A surviving spouse, civil union partner, or domestic partner may collect the estate without administration when assets do not exceed $50,000 (N.J.S.A. 3B:10-3). For other heirs with no surviving spouse/partner, the limit is $20,000 (N.J.S.A. 3B:10-4). |
| Washington | Available | Personal property up to $100,000 can be collected by small-estate affidavit 40 days after death, not counting the surviving spouse's or domestic partner's community-property interest (RCW 11.62.010). The affidavit does not transfer real estate. |
| Arizona | Available | Effective September 26, 2025 (HB 2116), the small-estate affidavit limits under A.R.S. §14-3971 are $200,000 for personal property (collectible by affidavit 30 days after death) and $300,000 of equity in real property (by affidavit of succession 6 months after death). The prior limits were $75,000 and $100,000. |
| Colorado | Available | For decedents dying in 2026, an estate of $88,000 or less in total probate property (no real estate) can be collected by affidavit 10 days after death under C.R.S. §15-12-1201. The figure is adjusted for inflation annually under C.R.S. §15-10-112 (it was $86,000 for 2025). |
| Massachusetts | Available | Voluntary administration is available when the decedent's total personal property is $25,000 or less, excluding the value of one motor vehicle, and at least 30 days have passed since death, under M.G.L. c. 190B, §3-1201. It does not cover real estate. |
| Maryland | Available | Under Md. Code, Est. & Trusts §5-601, an estate qualifies for small-estate administration if the property subject to administration is $50,000 or less as of the date of death — or $100,000 or less if the surviving spouse is the sole legatee or heir. |
| Minnesota | Available | Estates of $75,000 or less in total probate value qualify for collection of personal property by affidavit, available 30 days after death, under Minn. Stat. §524.3-1201. |
| Missouri | Available | Estates valued at $40,000 or less (after liens and encumbrances) qualify for a small estate affidavit under Mo. Rev. Stat. §473.097, available 30 days after death. Above $15,000, the clerk must publish a notice to creditors. |
| Alabama | Available | Alabama's Small Estates Act allows summary distribution without full administration when the estate's value falls at or below the combined homestead, exempt-property and family allowances — roughly $47,000 for 2026, adjusted each March for inflation under Ala. Code §43-8-116. See Ala. Code §43-2-692. The estate generally cannot include real property. |
| Alaska | Available | An heir can collect personal property by affidavit under AS 13.16.680 when other personal property is $50,000 or less and vehicles are $100,000 or less, with no real property in the estate. Summary administration is also available under AS 13.16.690 when the estate does not exceed the family and exempt-property allowances plus costs. |
| Delaware | Available | Personal estate of $30,000 or less (excluding real estate and jointly held or beneficiary assets) can pass by small-estate affidavit under 12 Del. C. § 2306, beginning 30 days after death, without a grant of letters. |
| Hawaii | Available | Estates not exceeding $100,000 can use simplified procedures — a small-estate affidavit for personal property and summary administration — under HRS § 560:3-1201 and the Uniform Probate Code's small-estate provisions. |
| Idaho | Available | Estates of $100,000 or less (personal property, after liens) can be collected by a small-estate affidavit under Idaho Code §15-3-1201, used 30 days after death with no court appointment required. |
| Iowa | Available | Estates with gross assets of $200,000 or less qualify for simplified small-estate administration under Iowa Code Chapter 635; a separate affidavit under §633.356 handles personal property of $50,000 or less with no administration. |
| Kansas | Available | Estates with personal property of $75,000 or less (raised from $40,000 effective July 1, 2023) can transfer by small-estate affidavit under K.S.A. §59-1507b, with no court filing required. |
| Kentucky | Available | Estates of $30,000 or less in personal property can be settled with a small-estate affidavit / dispensing-with-administration procedure under KRS 395.455, and a surviving spouse is entitled to a $30,000 exempt-property set-aside under KRS 391.030. |
| Louisiana | Available | Louisiana allows a small-succession affidavit for estates with a gross value of $125,000 or less, or for any estate where the person died at least 20 years ago, under La. C.C.P. arts. 3421 and 3431 — no court proceeding required. |
| Maine | Available | Maine allows collection of personal property by affidavit for estates that (after liens) don't exceed $40,000 — a figure adjusted for inflation, roughly $51,100 in recent years — under 18-C M.R.S. §3-1201. |
| Mississippi | Available | Under Miss. Code §91-7-322, if the entire probate estate is $75,000 or less, a successor can collect personal property by affidavit 30 days after death — no full administration and no court appointment required. |
| Montana | Available | If the probate estate, less liens and encumbrances, does not exceed $100,000, heirs can collect personal property by affidavit 30 days after death under MCA §72-3-1101, avoiding formal probate. |
| Nebraska | Available | Personal property up to $100,000 can be collected by affidavit 30 days after death under Neb. Rev. Stat. §30-24,125. A separate affidavit can transfer Nebraska real estate valued at $50,000 or less under §30-24,129. |
| Nevada | Available | An estate of $100,000 or less with a surviving spouse or minor children can be set aside without administration under NRS §146.070. A separate affidavit collects personal property up to $25,000 (or up to $100,000 if the affiant is the surviving spouse) under NRS §146.080. |
| New Hampshire | Available | New Hampshire has no fixed-dollar small-estate affidavit. Instead it offers a 'waiver of administration' under RSA §553:32 — available regardless of estate value when a sole beneficiary (or all beneficiaries) also serve as administrator, removing the inventory, bond, and accounting requirements. |
| New Mexico | Available | Estates of $50,000 or less in personal property can be collected by affidavit 30 days after death under NMSA §45-3-1201. A surviving spouse can also transfer the community-property residence (valued up to $500,000 for tax purposes) by affidavit under §45-3-1205. |
| North Dakota | Available | Estates of $50,000 or less can be collected by affidavit 30 days after death under N.D.C.C. §30.1-23-01. |
| Rhode Island | Available | Estates with no real estate and personal property under $15,000 can use voluntary informal administration under R.I. Gen. Laws §33-24-1, filed 30 days after death. |
| South Carolina | Available | As of May 2025, estates with net personal property of $45,000 or less (no real estate) can use a small-estate affidavit or summary administration under S.C. Code §62-3-1201, filed 30 days after death. |
| South Dakota | Available | If the entire estate, less liens, is worth $50,000 or less, successors can collect personal property by affidavit 30 days after death under S.D. Codified Laws §29A-3-1201. |
| Tennessee | Available | Estates of $50,000 or less (excluding real property) can use a small-estate affidavit under Tennessee's Small Estate Probate Act, Tenn. Code Ann. §30-4-101 et seq. The affidavit may be filed 45 days after death once no full administration has begun. |
| Utah | Available | Estates whose total value (less liens and encumbrances) does not exceed $100,000 and include no real property can be collected by a small-estate affidavit 30 days after death, with no court case, under Utah Code §75-3-1201 (threshold raised to $100,000 effective 2025). |
| Vermont | Available | Estates with a fair market value of $45,000 or less that consist entirely of personal property (no real estate other than a timeshare) can use Vermont's simplified small-estate procedure under 14 V.S.A. §§ 1901–1902 and Probate Rule 80.3. |
| Virginia | Available | A Small Estate Affidavit under Va. Code §64.2-601 is available when the decedent's entire personal probate estate is $75,000 or less. Separately, §64.2-602 lets a holder release a small asset of $35,000 or less to a successor without an affidavit once 60 days have passed since death. |
| West Virginia | Available | West Virginia's Small Estate Act (W.Va. Code §44-1A) allows a simplified affidavit process when the decedent's probate personal property is $50,000 or less and probate real property is $100,000 or less. |
| Wisconsin | Available | Solely owned property worth $50,000 or less can pass without probate using a Transfer by Affidavit under Wis. Stat. §867.03; summary settlement and summary assignment procedures also exist for modest estates. |
| Wyoming | Available | Estates of $400,000 or less (net of liens) can transfer by affidavit for personal property under Wyo. Stat. §2-1-201, or by a summary distribution decree that includes real property under §2-1-205, 30 days after death — the threshold was raised from $200,000 effective July 1, 2025. |
The good news: in every US state, most middle-class families can keep the majority of their estate out of probate with a handful of low-cost moves. The specific tools vary state to state — some states allow transfer-on-death deeds for real estate, others don't. Pick your state above for the specifics.
Want to understand probate first?
If you’re new to probate, start with our main explainers:
- What Is Probate and How Does It Work?
- How to Avoid Probate — the general-purpose national guide
- Probate Cost by State (companion guide showing what you’re avoiding)
- How Long Does Probate Take by State (companion guide)
Educational information only — not legal advice. Always confirm current statutes and figures with a licensed attorney in your state.