How do small estate limits compare across the states?

Why this study exists

Every state sets its own small estate affidavit limit, the dollar ceiling under which an heir can collect a bank account, car or other property without opening a full probate case. Our state-by-state directory already lists that limit for all 50 states and Washington, D.C., sourced to each state's own court page or statute. This study turns that table into an analysis: the spread between states, the biggest gaps, how many states exclude real estate, and which limits moved in the last two years. This guide is general information for the United States, not legal, tax, financial or medical advice.

Georgia, New Hampshire and Ohio do not set a single dollar limit, so the rankings, gaps and median below cover the other 48 jurisdictions, 47 states and Washington, D.C. Each of the three is described further down.

The spread: $15,000 to $400,000

Rhode Island's small estate affidavit tops out at $15,000, personal property only². Wyoming's tops out at $400,000, after the state doubled its limit in 2025³. The same $60,000 estate, a car and a bank account, sails through Wyoming's shortcut with no filing at all, while the identical estate in Rhode Island needs a probate case, since it is four times over that state's limit. Our car title transfer after death guide covers that piece on its own.

The median across the 48 ranked jurisdictions is $51,500, the midpoint between the 24th state, Wisconsin at $50,000, and the 25th, Michigan at $53,000¹. Fourteen of the 48 set their limit under $50,000: Rhode Island, New Jersey, North Carolina, Alabama, Massachusetts, Nevada, Delaware, Kentucky, Connecticut, the District of Columbia, Maine, Missouri, South Carolina and Vermont¹. A family that assumes "small estate" means the same thing everywhere can be surprised: the same accounts can clear the shortcut in one state and require full probate in the next.

Neighbor states, different rules

Because probate is state law, not federal law, a family that moves a modest estate across a state line can move from "skip probate" to "file for probate" without the estate changing size. The widest gaps sit along Wyoming's borders: its $400,000 limit is at least $300,000 higher than every one of its six neighbors, and its gap with Montana, $50,000, is the widest in the country³,⁴.

• Wyoming and Montana: $400,000 vs. $50,000, a $350,000 gap, the largest of any bordering pair³,⁴.
• Wyoming and Colorado: $400,000 vs. $88,000, a $312,000 gap³,⁵.
• Oregon and Nevada: $275,000 vs. $25,000, a $250,000 gap, the widest pair not touching Wyoming⁶,⁷.
• California and Nevada: $208,850 vs. $25,000, a $183,850 gap⁸,⁷.

Real estate: in or out of the shortcut

Most small estate procedures cover personal property only: bank accounts, vehicles, furniture and other belongings, not a house or land. Seventeen states exclude real estate entirely: Connecticut, Hawaii, Idaho, Kentucky, Maine, Minnesota, Mississippi, Missouri, New Mexico, New York, North Carolina, North Dakota, Rhode Island, Tennessee, Vermont, Washington and Wisconsin¹. New Mexico's exclusion carries a narrow exception for a primary residence claimed by a surviving spouse¹³.

Arkansas, Arizona, Nebraska, Oregon, West Virginia and Wyoming let some real property into the small estate process, each under its own separate, usually higher, limit¹⁰,⁹,¹¹,⁶,¹²,³. Our table is silent for the remaining states, so check the linked self-help page for your own.

What changed in 2025 and 2026

Eight states changed their limit in 2025 or 2026, and the prior figure is recorded for four of them:

³,¹⁴,¹⁵,¹⁶,⁹,¹⁷,¹⁸,¹⁹

Two more states adjusted a narrower piece of their process without changing the main statewide figure: Delaware's New Castle County began allowing $50,000 for deaths on or after June 10, 2026, above the $30,000 statewide base, and Pennsylvania added a separate $20,000 per-institution deposit release on January 23, 2026, alongside its existing $50,000 petition²⁰,²¹.

A raised limit is not the only way a threshold moves. Colorado, Maine and Michigan index their limits to inflation yearly, so the current figure depends on the year of death, not the year a reader looks it up⁵,²²,²³. States that do not index fall in real value every year prices rise: Connecticut's $40,000 limit has not moved since 2007²⁴.

The three states with no single limit

Georgia, New Hampshire and Ohio do not fit a ranking because none of them sets one small estate dollar limit.

Georgia has no general small estate affidavit. It caps a bank deposit affidavit at $15,000 and otherwise routes an estate through a court petition²⁵.

New Hampshire has no dollar-capped affidavit. It uses a consent-based waiver and a summary administration track instead, neither carrying a cap²⁶.

Ohio uses two thresholds depending on who is applying: a $35,000 release from administration, or $100,000 if a surviving spouse is the sole beneficiary²⁷.

How do you actually use a small estate affidavit?

Most small estate affidavits work the same way regardless of dollar limit. Once the state's waiting period has passed, an heir fills out the affidavit, swears to its contents under penalty of perjury or before a notary, and presents it directly to the bank or other institution holding the asset, with no court filing required²⁸. Rhode Island departs from that pattern: it requires the affidavit filed with the probate court, with a death certificate and a $30 fee, before the clerk will act².

1. Confirm the estate qualifies under your state's dollar limit and waiting period (see the table above).
2. Gather the death certificate, a list of assets and debts, and the heirs entitled to them.
3. Complete the state's own affidavit form; most courts publish one on their self-help site.
4. Sign it under penalty of perjury or have it notarized, whichever your state requires²⁸.
5. Present the affidavit to each asset holder, or file it with the probate court where required.

Having account numbers, balances and vehicle titles already written down, the kind of information a family guide keeps in one place, saves the heir from tracking down statements mid-filing.

A small estate affidavit almost never transfers a house. Most states limit it to personal property, bank accounts, vehicles and similar belongings, and require a separate procedure for real estate even where the dollar limit would otherwise cover it²⁹. Texas is a narrow exception: its affidavit can transfer the homestead, but only to a surviving spouse or minor child³⁰.

Method: where these numbers come from

Every figure here is drawn from the small estate limit column of our state-by-state probate court directory, which cites each state's own court self-help page or statute, checked 2026-09-18. The spread, median, under-$50,000 count, neighbor gaps and real estate counts are calculated directly from that table's 48 single-figure rows; Georgia, New Hampshire and Ohio are described in their own words instead of ranked. Neighbor pairs were checked against actual land borders, not assumed.

Small estate limits change by statute, sometimes with little notice. Confirm the current figure for your own state before relying on any number here.

When to get professional help

This study is a reference for comparing states, not a substitute for checking your own state's current rule. If an estate is close to your state's limit, includes real estate in a state that excludes it, or involves an out-of-state property, a probate attorney or your state court's self-help center can confirm which track applies before you sign anything. Our guide to settling an estate covers the fuller process, and our executor checklist covers executor duties for estates that do not qualify for the shortcut.

All 51 jurisdictions, sorted by limit

Georgia, New Hampshire and Ohio are listed at the end, unranked, since none uses a single dollar figure. Full sources, forms and statute citations are on the state-by-state directory.

What changed

• 2026-09-19: first published, 51 jurisdictions, limits checked against each state's own court page or statute.
• 2026-09-22: re-verified the Wyoming, South Carolina, Florida and Louisiana 2025-2026 changes against primary sources; added an FAQ on small estate affidavit waiting periods; added links to the car title transfer and settling an estate guides.
• 2026-09-27: added a "How do you actually use a small estate affidavit?" section with the general filing steps and the Rhode Island court-filing exception; added FAQs on transferring a house and filing fees; linked the executor checklist and family guide.