Small-estate thresholds, by state

Small-estate affidavit. For deaths on or after Apr 1, 2025. Covers personal property and most assets outside probate court; real property uses the separate affidavit below. The limit is CPI-adjusted every three years — the next reset is Apr 1, 2028.

Affidavit for real property of small value. For real property only, where the estate's real property stays under this value.

Petition to determine succession to a primary residence. A streamlined court petition created in 2025 for a decedent's primary residence valued up to this amount.

$208,850

$69,625

$750,000

Cal. Prob. Code §§13100, 890

Cal. Prob. Code §13200

Cal. Prob. Code (primary-residence succession petition, created 2025)

Small Estate Affidavit. Intestate estates only — there must be no will. The $75,000 limit excludes the homestead and exempt property. At least 30 days must pass after the death, and unlike most states, a judge must approve the affidavit.

Muniment of title. A Texas-only shortcut: when there is a valid will and no unpaid debts (other than debts secured by real estate), the court can admit the will as a muniment of title without appointing an executor at all.

$75,000

No dollar cap

Tex. Estates Code ch. 205

Tex. Estates Code ch. 257

Summary administration. The limit doubled from $75,000 to $150,000 on July 1, 2026 — many websites still show the old figure. Summary administration is also available at any value if the decedent has been dead for more than 2 years. The estate must not be indebted, or creditors' claims must be handled within the proceeding.

Bank-account affidavit. For recovering small bank balances; the limit rose from $1,000 on Jul 1, 2026.

Intestate personal property route. For intestate estates' personal property; the limit rose from $10,000 on Jul 1, 2026.

$150,000

$2,000

$20,000

Fla. Stat. §735.201 (as amended eff. Jul 1, 2026)

Fla. Stat. §735.303

Fla. Stat. §735.304

Voluntary administration (small estate). Personal property only, up to $50,000, and the decedent must not own real estate in their name alone. Handled in Surrogate's Court with a simplified procedure and a $1 filing fee in many cases.

$50,000

SCPA art. 13, §1301

Settlement of a small estate on petition. Gross personal estate up to $50,000, excluding real estate and the family exemption. Done by petition to the court rather than a simple affidavit.

Family transfer of deposit accounts. Banks may pay a decedent's deposit accounts directly to close family members up to this limit; it rose from $10,000 in January 2026.

$50,000

$20,000

20 Pa.C.S. §3102

20 Pa.C.S. §3101 (limit raised Jan 2026)

Small-estate affidavit. For deaths on or after Aug 15, 2025 — the limit rose from $100,000, and much of the web still shows the old figure. Personal property only; Illinois-registered motor vehicles are excluded from the cap; the affidavit cannot transfer real estate. The affidavit's contents are written into the statute itself, so the form is effectively standardised.

$150,000

755 ILCS 5/25-1

Release from Administration. Available for estates up to $35,000 — or up to $100,000 when the surviving spouse inherits everything.

Release from Administration (spouse inherits all). The higher ceiling applies only when the surviving spouse is the sole heir.

Summary Release from Administration. The smallest track: capped at the lesser of $5,000 or the funeral and burial expenses (a spouse variant runs to about $45,000).

$35,000

$100,000

Lesser of $5,000 or the funeral/burial bill

ORC §2113.03

ORC §2113.03

ORC §2113.031

Order Declaring No Administration Necessary. Georgia has no dollar-capped small-estate affidavit of the California or Illinois type. This is its main simplified door: intestate estates only, available at any value if all heirs agree and debts are paid or creditors consent.

Bank-account affidavit. For collecting a decedent's bank balances up to this amount without administration.

Year's Support. For a surviving spouse and/or minor children: an award of estate property for their support that takes priority over most creditors. It must be petitioned for within 24 months of the death.

No dollar cap

$10,000

No dollar cap

O.C.G.A. §53-2-40 (Form GPCSF 9)

O.C.G.A. §7-1-239

O.C.G.A. §53-3-1 (Form GPCSF 10)

Collection by Affidavit. Personal property only, up to $20,000 — or $30,000 if the surviving spouse is the sole heir. At least 30 days must pass after the death. North Carolina's thresholds are the lowest in this index, so most NC estates need full administration before the Clerk of Superior Court.

Collection by Affidavit (spouse sole heir). The higher ceiling applies only when the surviving spouse is the sole heir.

$20,000

$30,000

N.C.G.S. §§28A-25-1, 28A-25-1.1

N.C.G.S. §28A-25-1.1

Summary Distribution. Petition-based, personal property only — it cannot transfer real estate. Read this number with more care than any other on this page: the 2025 Revised Alabama Small Estates Act reframed the cap (homestead allowance + exempt property + family allowance, about $47,000 at the time of checking), and the State Treasurer adjusts it for inflation every year — about $51,175 is already set for claims on or after Apr 1, 2027. Older sources quoting $25,000 or $37,075 are describing earlier years' figures. Always confirm against the current-year official Finance/Treasurer figure before relying on it.

About $47,000 (adjusted every year)

Ala. Code §§43-2-690 to -692; §43-8-116 (CPI adjustments)