§PlainStatute

Estate · Skip Probate

Small-Estate Limits: How Big an Estate Can Skip Probate

The dollar limit to avoid full probate with a small-estate affidavit or summary procedure in each state, what counts toward the cap, and the recent changes that raised it. Each cited to the statute.

6 of 50 states published. 2 verified against the official statute; the rest drafted from corroborating sources, including states whose figure is inflation-indexed or recently raised.The headline number is only half the answer: what counts toward it, and whether real estate is in the estate, decide whether you actually qualify.

Read this first: the number, and what counts

When an estate is small enough, heirs can skip full probate. The dollar limit ranges widely: $50,000 in New York and Pennsylvania, $75,000 in Texas and Florida, $150,000 in Illinois, and about $239,700 in California, where it is inflation-indexed. But the number is only half the story.

Two things decide whether you actually qualify. First, what counts: most states exclude real estate, exempt property, and non-probate assets like joint accounts and beneficiary designations, so a bigger estate can still fit. Second, the mechanism: some states use a self-help affidavit, while Florida, New York, and Pennsylvania use a court petition, and Texas requires a judge’s approval and no will. Every figure links to the statute, and pages still pending verification say so.

Pick your state

The dollar limit, any waiting period, and the statute on each card.

C

CA
CaliforniaDraft
$239,700
Skip probate up to
Waiting period40 days
Statute§13100

F

FL
Florida
$75,000 or dead 2+ years
Skip probate up to
Statute§735.201

I

IL
IllinoisDraft
$150,000
Skip probate up to
Statute755 ILCS 5/25-1

N

NY
New York
$50,000
Skip probate up to
Statute§1301

P

PA
PennsylvaniaDraft
$50,000
Skip probate up to
Statute§3102

T

TX
TexasDraft
$75,000
Skip probate up to
Waiting period30 days
Statute§205.001

What these pages are, and what they aren't

Each state page is a reference for the small-estate threshold and the neutral steps to use it. They are deliberately not advice for your estate: what counts toward the limit, whether there is a will, and whether real estate is involved can all change the answer, so each page links to the statute and a way to reach a licensed attorney. This is legal information, not legal advice.