Omliva organizes practical information. This guide is general information for the United States, not legal, tax, financial or medical advice.
What a probate self-help center does
A probate self-help center is the part of a state or county court website built for people handling an estate without a lawyer. Most publish the forms for opening probate, informal or summary administration, and any small estate affidavit, along with instructions written for a first-time filer. Court staff at these centers can hand you a form and tell you which box to check, but under every state's rules they cannot tell you which option to choose, fill out the form for you or give legal advice. This guide is general information for the United States, not legal, tax, financial or medical advice.
Because probate is filed at the county courthouse, the statewide self-help page is usually a starting point that links out to county-specific pages, local rules and filing fees. When a state runs one probate court per county with its own forms, such as Georgia or Ohio, check both the statewide page in the table below and your own county's probate or surrogate's court site before you file anything.
State probate court self-help pages and small estate limits
| State | Probate court self-help page | Small estate threshold or affidavit limit | Checked |
|---|---|---|---|
| Alabama | Alabama Administrative Office of Courts | $25,000 statutory base for summary distribution, adjusted yearly for inflation (Ala. Code Section 43-2-692) | 2026-09-18 |
| Alaska | Alaska Court System Self-Help Services | $50,000 in personal property, $100,000 in vehicles (AS 13.16.680) | 2026-09-18 |
| Arizona | Arizona Judicial Branch Self-Service Center | $200,000 personal property, $300,000 real property, since September 26, 2025 (A.R.S. Section 14-3971) | 2026-09-18 |
| Arkansas | Arkansas Judiciary Self-Help Services | $100,000 net estate, real property can be included (Ark. Code Section 28-41-101) | 2026-09-18 |
| California | California Courts Self-Help, Simple Procedures to Transfer an Estate | $208,850 for deaths on or after April 1, 2025 (Cal. Prob. Code Section 13100) | 2026-09-18 |
| Colorado | Colorado Judicial Branch, Open an Estate | $88,000 for a 2026 death, adjusted yearly (C.R.S. Section 15-12-1201) | 2026-09-18 |
| Connecticut | Connecticut Probate Court | $40,000, unchanged since 2007 (Conn. Gen. Stat. Section 45a-273) | 2026-09-18 |
| Delaware | Delaware Courts, Wills and Estates Forms | $30,000 statewide base; New Castle County uses $50,000 for deaths on or after June 10, 2026 (12 Del. C. Section 2306) | 2026-09-18 |
| District of Columbia | DC Courts Probate Self-Help Center | $40,000 for deaths after April 26, 2001 (D.C. Code Section 20-357) | 2026-09-18 |
| Florida | Florida Courts Help, Probate | $150,000 for deaths on or after July 1, 2026, $75,000 before that date (Fla. Stat. Section 735.201) | 2026-09-18 |
| Georgia | Georgia Probate Court Council | varies, see page. No general small estate affidavit; a bank deposit affidavit is capped at $15,000 (O.C.G.A. Section 7-1-239) | 2026-09-18 |
| Hawaii | Hawaii State Judiciary Self-Help | $100,000, vehicles not counted (Haw. Rev. Stat. Section 560:3-1201) | 2026-09-18 |
| Idaho | Idaho Courts Self-Help | $100,000 (Idaho Code Section 15-3-1201) | 2026-09-18 |
| Illinois | Illinois Courts Self-Help | $150,000 personal property, since August 15, 2025 (755 ILCS 5/25-1) | 2026-09-18 |
| Indiana | Indiana Courts Self-Service Legal Center | $100,000 gross probate estate (Ind. Code Section 29-1-8-1) | 2026-09-18 |
| Iowa | Iowa Judicial Branch, Representing Yourself | $100,000, since July 1, 2026 (Iowa Code Section 635.1) | 2026-09-18 |
| Kansas | Kansas Judicial Branch Self-Help, Probate and Elder Law | $75,000, for deaths on or after July 1, 2023 (K.S.A. Section 59-1507b) | 2026-09-18 |
| Kentucky | Kentucky Court of Justice Legal Self-Help | $30,000, excluding exempt property (KRS Section 395.455) | 2026-09-18 |
| Louisiana | Louisiana Judicial Branch | $200,000 for Louisiana domiciliaries, $125,000 for non-residents, since August 1, 2026 (La. R.S. Section 3421) | 2026-09-18 |
| Maine | Maine Judicial Branch Self-Help Center | about $40,000 base, adjusted yearly for inflation (18-C M.R.S. Section 3-1201) | 2026-09-18 |
| Maryland | Maryland Register of Wills, Small Estates | $50,000, $100,000 if a surviving spouse is the sole heir (Md. Code, Estates and Trusts Section 5-601) | 2026-09-18 |
| Massachusetts | Mass.gov, Voluntary Administration | $25,000 personal property, excluding one vehicle (Mass. Gen. Laws c. 195) | 2026-09-18 |
| Michigan | Michigan Courts Self-Help | $53,000 for a 2026 death, adjusted yearly (MCL Section 700.3982) | 2026-09-18 |
| Minnesota | Minnesota Judicial Branch, Small Estate Forms | $75,000, no real property included (Minn. Stat. Section 524.3-1201) | 2026-09-18 |
| Mississippi | Mississippi Judiciary | $75,000 (Miss. Code Section 91-7-322) | 2026-09-18 |
| Missouri | Missouri Courts, Self-Represented Litigants | $40,000 (Mo. Rev. Stat. Section 473.097) | 2026-09-18 |
| Montana | Montana Courts Self-Help Resources | $50,000 affidavit, $100,000 summary administration (Mont. Code Ann. Section 72-3-1101) | 2026-09-18 |
| Nebraska | Nebraska Judicial Branch Self-Help, Estates | $100,000 personal property, $100,000 real property (Neb. Rev. Stat. Section 30-24,125) | 2026-09-18 |
| Nevada | Nevada Courts Self-Help Center, Small Estates | $25,000, $100,000 for a surviving spouse (NRS 146.080) | 2026-09-18 |
| New Hampshire | New Hampshire Judicial Branch Self-Help, Estates | varies, see page. No dollar-capped affidavit; consent-based waiver and summary administration carry no cap (RSA 553:32, RSA 553:33) | 2026-09-18 |
| New Jersey | NJ Courts Self-Help, Probate | $50,000 for a surviving spouse, $20,000 for next of kin (N.J.S.A. Section 3B:10-3) | 2026-09-18 |
| New Mexico | New Mexico Courts Self-Representation, Probate | $50,000 personal property (NMSA Section 45-3-1201) | 2026-09-18 |
| New York | NY CourtHelp, Small Estate and Voluntary Administration | $50,000 personal property (SCPA Section 1301) | 2026-09-18 |
| North Carolina | North Carolina Judicial Branch, Estates | $20,000, $30,000 if a surviving spouse is the sole heir (N.C.G.S. Section 28A-25-1) | 2026-09-18 |
| North Dakota | North Dakota Court System, Personal Property Affidavit | $100,000, raised from $50,000 in 2025 (N.D.C.C. Section 30.1-23-01) | 2026-09-18 |
| Ohio | Supreme Court of Ohio, Access to Justice Resources | varies, see page. $35,000 release from administration, $100,000 if a surviving spouse is sole beneficiary (Ohio Rev. Code Section 2113.03) | 2026-09-18 |
| Oklahoma | Oklahoma State Courts Network, Forms | $50,000, no court filing required (58 O.S. Section 393) | 2026-09-18 |
| Oregon | Oregon Judicial Department, Probate FAQ | $275,000 total, no more than $200,000 real property and $75,000 personal property (ORS 114.515) | 2026-09-18 |
| Pennsylvania | Unified Judicial System of Pennsylvania, Representing Yourself | $50,000 personal property petition; a separate $20,000 per-institution deposit release since January 23, 2026 (20 Pa.C.S. Section 3102) | 2026-09-18 |
| Rhode Island | Rhode Island Judiciary Public Resources | $15,000, personal property only (R.I. Gen. Laws Section 33-24-1) | 2026-09-18 |
| South Carolina | South Carolina Judicial Branch, Probate Court Forms | $45,000, raised from $25,000 on May 8, 2025 (S.C. Code Section 62-3-1201) | 2026-09-18 |
| South Dakota | South Dakota Unified Judicial System Self-Help | $100,000 (SDCL Section 29A-3-1201) | 2026-09-18 |
| Tennessee | Tennessee Courts Self-Help Center | $50,000, personal property only (Tenn. Code Section 30-4-102) | 2026-09-18 |
| Texas | Texas Judicial Branch Self-Help Resources | $75,000, excluding the homestead (Tex. Estates Code Section 205.001) | 2026-09-18 |
| Utah | Utah Courts Self-Help, Small Estates | $100,000, up to four vehicles excluded from the cap (Utah Code Section 75-3-1201) | 2026-09-18 |
| Vermont | Vermont Judiciary, Estates and Wills | $45,000, no real estate other than a timeshare (Vt. R. Prob. P. 80.3) | 2026-09-18 |
| Virginia | Virginia Judicial System Court Self-Help, Probate | $75,000 personal probate estate (Va. Code Section 64.2-601) | 2026-09-18 |
| Washington | Washington Courts Self-Help | $100,000, personal property only (RCW 11.62.010) | 2026-09-18 |
| West Virginia | West Virginia Judiciary, Estate Self-Help | $50,000 personal property, $100,000 real property (W. Va. Code Section 44-1A-3) | 2026-09-18 |
| Wisconsin | Wisconsin Court System, Probate Self-Help Law Center | $50,000, called transfer by affidavit (Wis. Stat. Section 867.03) | 2026-09-18 |
| Wyoming | Wyoming Judicial Branch Self-Help Forms | $400,000, doubled from $200,000 on July 1, 2025 (Wyo. Stat. Section 2-1-201) | 2026-09-18 |
Why the numbers vary so much by state
Probate is state law, not federal law, so each state legislature sets its own small estate limit, decides whether it covers real estate, and sets its own waiting period. A handful of states, including Arizona, Florida, Illinois, Iowa, Louisiana, South Carolina and Wyoming, raised their limits in 2025 or 2026, in some cases by a wide margin, which is why an older article or a competitor's guide can be out of date within a year. Some states index the limit to inflation every year, including California, Colorado, Maine and Michigan, so the current figure depends on the year of death, not the year you look it up. When in doubt, use the link in the table above rather than a number copied from elsewhere.
Most limits also cover personal property only: bank accounts, vehicles, furniture and other belongings, not a house or land. States that exclude real estate from the small estate shortcut entirely include Connecticut, Hawaii, Idaho, Kentucky, Maine, Minnesota, Mississippi, Missouri, New Mexico (with a narrow exception for a primary residence claimed by a surviving spouse), New York, North Carolina, North Dakota, Rhode Island, Tennessee, Vermont, Washington and Wisconsin. A few states, including Arkansas, Arizona, Nebraska, Oregon, West Virginia and Wyoming, allow real property into the small estate process, usually with its own separate, often higher, dollar limit.
When to hire a probate attorney
A small estate affidavit or a state's simplified probate track is built to be used without a lawyer: the forms are free, the self-help page walks through each step, and court staff can point you to the right form even though they cannot fill it out for you. Handle it yourself when the estate is under your state's limit, the will is not contested, the heirs agree on how to divide things, and there is no business, out-of-state property or estate tax return involved.
Hire a probate attorney when the estate is above your state's limit and needs formal or informal probate, when a will is missing or contested, when the deceased owned real estate in more than one state, when a beneficiary is a minor or has a disability, when the estate may not have enough assets to pay its debts, or when family members disagree about who gets what. An attorney is paid from the estate, not out of your own pocket, in most cases. This guide is general information for the United States, not legal, tax, financial or medical advice, and a probate attorney or your state court self-help center can confirm the rule that applies to your specific estate. Keeping a record of every account, policy, deed and document in one place, the kind of information a family guide such as Omliva's is built to hold, makes it far easier for whoever settles your estate to tell quickly whether they qualify for the small estate shortcut at all.
Frequently asked questions
How do I find my state's probate court?
Start with your state's statewide self-help page linked in the table above, then search for the probate, surrogate's or orphans' court in the county where the deceased person lived at the time of death. Most states run probate at the county level, so the county court's website usually has the specific forms and filing fees.
What is a small estate affidavit?
A sworn statement that lets an heir or successor collect a deceased person's personal property, such as a bank account or a vehicle, without opening a full probate case, once a state's waiting period has passed. It is presented directly to the bank, DMV or other asset holder in most states rather than filed in court. Limits range from $15,000 in Rhode Island to $400,000 in Wyoming (checked 2026-09-18).
Does every state have a small estate shortcut?
Nearly every state does, but a few set it up differently. Georgia limits its affidavit to bank deposits under $15,000 and otherwise relies on a court petition. New Hampshire has no dollar-capped affidavit at all, using consent-based waiver and summary administration tracks instead. Ohio uses two separate thresholds depending on the applicant's relationship to the deceased (checked 2026-09-18).
Can a small estate affidavit transfer a house?
Usually not. Most states limit the affidavit to personal property and require formal or informal probate, or a separate real property procedure, to transfer real estate. States that do allow some real property into the small estate process, such as Arkansas, Arizona, Nebraska, Oregon, West Virginia and Wyoming, set their own separate limit for it (checked 2026-09-18).
How long do I have to wait after a death to file a small estate affidavit?
It varies by state, typically 10 to 60 days. Colorado allows it after 10 days, most states use 30 days, Virginia and West Virginia (for an intestate estate) require 60 days. Check your state's page in the table above for the exact figure (checked 2026-09-18).
What if my state raised its small estate limit recently?
Several states raised their limits in 2025 or 2026, including Arizona, Florida, Illinois, Iowa, Louisiana, South Carolina and Wyoming. The limit that applies is generally the one in effect on the date of death, so a guide, form or article written even a year earlier may already show an outdated number. Use your state's official page to confirm the current figure.
Do I need a lawyer to use a small estate affidavit?
Not in most states. The affidavit is designed to be completed without an attorney, and the self-help pages in the table above include instructions and sample forms. A few counties, including some in Missouri, ask that even a small estate affidavit be filed by an attorney, so check your local county's rule before you start.
Sources
- Alabama Administrative Office of Courts, eforms.alacourt.gov: Probate Forms Checked 2026-09-18
- Alaska Court System, courts.alaska.gov: Probate: Small Estates Checked 2026-09-18
- Arizona Judicial Branch, azcourts.gov: Self-Service Center: Small Estates Checked 2026-09-18
- Arkansas Judiciary, arcourts.gov: Self-Help Services Checked 2026-09-18
- California Courts Self-Help, selfhelp.courts.ca.gov: Simple Procedures to Transfer an Estate Checked 2026-09-18
- Colorado Judicial Branch, coloradojudicial.gov: Open an Estate Checked 2026-09-18
- Connecticut Judicial Branch, jud.ct.gov: Probate Court Checked 2026-09-18
- Delaware Courts, courts.delaware.gov: Forms: Wills and Estates Checked 2026-09-18
- District of Columbia Courts, dccourts.gov: Probate Self-Help Center Checked 2026-09-18
- Florida Courts Help, help.flcourts.gov: Probate Checked 2026-09-18
- Georgia Probate Court Council, gaprobate.gov: Standard Forms Checked 2026-09-18
- Hawaii State Judiciary, courts.state.hi.us: Self-Help Checked 2026-09-18
- Idaho Courts, isc.idaho.gov: Self-Help Checked 2026-09-18
- Illinois Courts, illinoiscourts.gov: Self-Help Checked 2026-09-18
- Indiana Courts, in.gov: Self-Service Legal Center Checked 2026-09-18
- Iowa Judicial Branch, iowacourts.gov: Representing Yourself Checked 2026-09-18
- Kansas Judicial Branch, self-help.kscourts.gov: Self-Help: Probate and Elder Law Checked 2026-09-18
- Kentucky Court of Justice, kycourts.gov: Legal Self-Help Checked 2026-09-18
- Louisiana Judicial Branch, louisiana.gov Checked 2026-09-18
- Maine Judicial Branch, courts.maine.gov: Self-Help Center Checked 2026-09-18
- Maryland Register of Wills, registers.maryland.gov: Small Estates Checked 2026-09-18
- Mass.gov, mass.gov: File for Voluntary Administration in the Probate and Family Court Checked 2026-09-18
- Michigan Courts, courts.michigan.gov: Self-Represented Litigants Checked 2026-09-18
- Minnesota Judicial Branch, mncourts.gov: Small Estate Affidavit Forms Checked 2026-09-18
- Mississippi Judiciary, courts.ms.gov Checked 2026-09-18
- Missouri Courts, selfrepresent.mo.gov: Self-Represented Litigants Checked 2026-09-18
- Montana Courts, courts.mt.gov: Self-Help Resources Checked 2026-09-18
- Nebraska Judicial Branch, nebraskajudicial.gov: Self-Help: Estates Checked 2026-09-18
- Nevada Courts Self-Help Center, selfhelp.nvcourts.gov: Small Estates Checked 2026-09-18
- New Hampshire Judicial Branch, courts.nh.gov: Self-Help: Estates Checked 2026-09-18
- NJ Courts, njcourts.gov: Self-Help: Probate Checked 2026-09-18
- New Mexico Courts, selfrepresentation.nmcourts.gov: Self-Representation: Probate Checked 2026-09-18
- NY CourtHelp, nycourts.gov: Small Estate and Voluntary Administration Checked 2026-09-18
- North Carolina Judicial Branch, nccourts.gov: Estates Checked 2026-09-18
- North Dakota Court System, ndcourts.gov: Personal Property Affidavit Checked 2026-09-18
- Supreme Court of Ohio, supremecourt.ohio.gov: Access to Justice Resources Checked 2026-09-18
- Oklahoma State Courts Network, oscn.net: Forms Checked 2026-09-18
- Oregon Judicial Department, courts.oregon.gov: Probate FAQ Checked 2026-09-18
- Unified Judicial System of Pennsylvania, pacourts.us: Representing Yourself Checked 2026-09-18
- Rhode Island Judiciary, courts.ri.gov: Public Resources Checked 2026-09-18
- South Carolina Judicial Branch, sccourts.org: Probate Court Forms Checked 2026-09-18
- South Dakota Unified Judicial System, ujs.sd.gov: Self-Help Checked 2026-09-18
- Tennessee Courts, tncourts.gov: Self-Help Center Checked 2026-09-18
- Texas Judicial Branch, txcourts.gov: Self-Help Resources Checked 2026-09-18
- Utah Courts, utcourts.gov: Self-Help: Small Estates Checked 2026-09-18
- Vermont Judiciary, vtcourts.gov: Estates and Wills Checked 2026-09-18
- Virginia Judicial System Court Self-Help, selfhelp.vacourts.gov: Probate in Virginia Checked 2026-09-18
- Washington Courts, courts.wa.gov: Self-Help Checked 2026-09-18
- West Virginia Judiciary, courtswv.gov: Estate Self-Help Checked 2026-09-18
- Wisconsin Court System, wicourts.gov: Probate Self-Help Law Center Checked 2026-09-18
- Wyoming Judicial Branch, wyocourts.gov: Self-Help Forms Checked 2026-09-18
