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.
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.
Every state in one table
The dollar limit, any waiting period, and the statute in each row.
All states (10)
| State | Size limit | Waiting period | Statute |
|---|---|---|---|
| California | $239,700 | 40 days | Cal. Prob. Code §13100 |
| Florida | $75,000 or dead 2+ years | Fla. Stat. §735.201 | |
| Georgia | No dollar cap | $15,000 | O.C.G.A. §53‑2‑40 |
| Illinois | $150,000 | 755 ILCS 5/25‑1 | |
| Michigan | $50,000 base | 28 days | Mich. Comp. Laws § 700.3982 |
| New York | $50,000 | N.Y. SCPA §1301 | |
| North Carolina | $20,000 | 30 days | N.C. Gen. Stat. § 28A‑25‑1 |
| Ohio | $35,000 ($100,000 to a spouse) | $100,000 | Ohio Rev. Code §2113.03 |
| Pennsylvania | $50,000 | 20 Pa.C.S. §3102 | |
| Texas | $75,000 | 30 days | Tex. Estates Code §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.