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State Death Data 2026
The recorded small-estate limits run from $15,000 to $400,000, and each one belongs to a different procedure.
Selected small-estate procedure limits recorded in MORTL’s guides, 50 jurisdictions, 2026. New Hampshire sets no general dollar cutoff. The limits apply to different procedures and property, so they don’t rank how easily an estate avoids probate; each state’s conditions are in the table.
Sources: MORTL’s 51 state guides, each figure cited there to the statute, court rule or agency schedule that sets it, the guides last reviewed between September and November 2026; Chatham County Probate Court (Georgia), checked November 8, 2026; Wyoming Judicial Branch, checked November 8, 2026; Wyo. Stat. §§ 2-1-201 and 2-1-205, checked November 8, 2026.
Table view
| Jurisdiction | Limit recorded | Conditions |
|---|---|---|
| Wyoming | $400,000 | The qualifying probate estate, including real and personal property and less liens and encumbrances, must not exceed $400,000. Collection of personal property by affidavit requires at least 30 days; transfer of real property uses a separate court procedure. |
| California | $208,850 | Gross value as of April 1, 2025 (AB 2016); debts and mortgages do not reduce it, and it adjusts periodically for inflation. |
| Louisiana | $200,000 | Total estate value must not exceed $200,000; usable by the surviving spouse and adult heirs under specific conditions. |
| Iowa | $200,000 | Gross probate assets of $200,000 or less qualify for simplified administration under chapter 635; the affidavit route is separate and capped at $100,000 of personal property, with no interest in real estate, as of July 1, 2026. |
| Arizona | $200,000 | Solely-owned personal property, less liens and encumbrances; real property has a separate $300,000 limit. |
| Nevada | $150,000 | The $150,000 figure is the court set-aside limit under NRS 146.070. The separate affidavit under NRS 146.080 allows up to $150,000 for a surviving spouse or $25,000 for another claimant, excludes Nevada real property, and requires at least 40 days. |
| Illinois | $150,000 | Solely-owned assets without beneficiary designations; contested or complex estates can take 2-3 years. |
| Florida | $150,000 | Value of the estate subject to administration in Florida, less property exempt from creditors' claims such as the homestead; also available when the death was more than 2 years ago. Raised from $75,000 by ch. 2026-57, effective July 1, 2026. |
| Washington | $100,000 | Total gross value with no real property; 40-day wait before presenting the affidavit. |
| Utah | $100,000 | The estate must consist solely of personal property valued at $100,000 or less. |
| South Dakota | $100,000 | Excludes non-probate assets such as jointly owned property and assets with beneficiary designations. |
| North Dakota | $100,000 | Estate under $100,000 with no real property; the affidavit can be used 30 days after death. |
| Nebraska | $100,000 | Personal property wherever located, less liens and encumbrances, must be $100,000 or less, with the affidavit available 30 days after the death; Nebraska real property has its own $100,000 affidavit, filed with the register of deeds. |
| Montana | $100,000 | The probate estate wherever located, less liens and encumbrances, must be $100,000 or less, and 30 days must have passed since the death. |
| Indiana | $100,000 | Personal property less liens and encumbrances, as of 2022; subject to change by legislative action. |
| Idaho | $100,000 | Probate is required if the deceased owned real estate or probate assets exceed $100,000. |
| Hawaii | $100,000 | Gross estate value of $100,000 or less, with no real property interests in the estate. |
| Arkansas | $100,000 | Total estate value, excluding certain non-probate assets. |
| Colorado | $88,000 | Indexed for inflation every year and set by the year of death: $88,000 for a 2026 death, $86,000 for 2025, $82,000 for 2024. |
| Washington, D.C. | $80,000 | Total probate value of $80,000 or less, raised from $40,000 by D.C. Law 25-302; no surety bond required (D.C. Code § 20-354), but a court filing is still required. |
| Virginia | $75,000 | Applies to solely-owned assets (Va. Code 64.2-601). |
| Texas | $75,000 | Gross value excluding homestead and exempt property; intestate estates only, with a 30-day wait and all heirs signing. |
| Oregon | $75,000 | Two caps that both have to be met: no more than $75,000 of fair market value in personal property other than manufactured homes, and no more than $200,000 in real property and manufactured homes combined. |
| Mississippi | $75,000 | Probate estate value, excluding liens and encumbrances. |
| Minnesota | $75,000 | Personal property of $75,000 or less; the affidavit can be used 30 days after death and must be signed before a notary. |
| Kansas | $75,000 | Probate estate: assets solely in the deceased's name without a beneficiary designation. |
| Michigan | $53,000 | Inflation-adjusted every year under MCL 700.1210 and set by the year of death: $53,000 for a 2026 death. 2024 PA 1 raised the base from $15,000 to $50,000; the same cap covers both shortcuts. |
| Maine | $52,500 | The $52,500 figure applies to 2026 estates. |
| Wisconsin | $50,000 | Applies to estates valued under $50,000. |
| West Virginia | $50,000 | Personal probate assets only; the estate must not include real estate. |
| Tennessee | $50,000 | Applies to solely-owned assets (T.C.A. 30-4-102). |
| Pennsylvania | $50,000 | Applies to solely-owned assets. |
| Oklahoma | $50,000 | Cumulative probate personal property, excluding real estate. |
| New York | $50,000 | Total gross value of $50,000 or less, with no real property in the estate. |
| New Mexico | $50,000 | Applies to assets without a designated beneficiary and not held in joint tenancy. |
| New Jersey | $50,000 | For an intestate estate, up to $50,000 for a surviving spouse, civil union partner, or domestic partner; up to $20,000 for another heir when no such partner survives, with the other heirs’ written consent (N.J.S.A. 3B:10-3 and 3B:10-4). |
| Maryland | $50,000 | Rises to $100,000 when the sole heir is a surviving spouse. |
| Delaware | $50,000 | Personal property in the deceased's name alone; recently increased to $50,000. Solely owned real estate still requires probate. |
| Alaska | $50,000 | The net estate must consist only of Alaska-registered vehicles worth no more than $100,000 and other personal property worth no more than $50,000. Both limits apply; property passing outside probate is excluded. |
| Alabama | $47,000 | The sum of the homestead allowance, exempt property, and family allowance, which the State Treasurer adjusts for inflation every three years. $47,000 as adjusted July 1, 2023 (Ala. Code § 43-2-691(7)). |
| Vermont | $45,000 | Estate of $45,000 or less with no real estate other than a timeshare. |
| South Carolina | $45,000 | Probate estate minus liens; raised from $25,000 by Act 26 of 2025, effective May 8, 2025. Personal property only, 30-day wait, and the probate judge must approve and countersign the affidavit. |
| Missouri | $40,000 | Entire estate less liens, debts, and encumbrances; 30-day wait, and estates over $15,000 must publish a notice to creditors. |
| Connecticut | $40,000 | Total personal property must not exceed $40,000, with no solely owned real estate. |
| Ohio | $35,000 | Rises to $100,000 when the surviving spouse is the sole beneficiary. |
| Kentucky | $30,000 | Personal estate of $30,000 or less, excluding real estate that passes directly to named beneficiaries. |
| Massachusetts | $25,000 | Personal property only, excluding the value of a car; at least 30 days must have passed since death. |
| North Carolina | $20,000 | Rises to $30,000 when the surviving spouse is the sole heir. |
| Rhode Island | $15,000 | Excludes tangible personal property and assets with designated beneficiaries or other non-probate transfer mechanisms. |
| Georgia | $15,000 | No general dollar threshold; the $15,000 affidavit applies only to bank accounts when there's no will. |
| New Hampshire | No general dollar cutoff | No single dollar threshold determines eligibility. RSA 553:32 specifies beneficiary and administrator arrangements for waiver of administration; RSA 553:33 provides a separate summary-administration procedure. |
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
Recorded base fees for a first certified copy run from $5 in Florida to $35 in Utah.
The state office’s recorded base fee for one certified death certificate, 48 jurisdictions, 2026. County schedules, ordering channels, shipping and rush service can change what a family pays.
Source: MORTL’s 51 state guides, each figure cited there to the statute, court rule or agency schedule that sets it, the guides last reviewed between September and November 2026.
Table view
| Jurisdiction | Base fee | Filing deadline |
|---|---|---|
| Florida | $5 | 5 days |
| New Mexico | $5 | 5 days |
| Kentucky | $6 | 5 days |
| Louisiana | $7 | 5 days |
| Indiana | $8 | 5 days |
| Arkansas | $10 | 10 days |
| Hawaii | $10 | 3 days |
| Maryland | $10 | 3 days |
| Vermont | $10 | 1 day |
| South Carolina | $12 | 5 days |
| West Virginia | $12 | 5 days |
| Minnesota | $13 | 5 days |
| Missouri | $14 | 5 days |
| Alabama | $15 | 5 days |
| Maine | $15 | 5 days |
| New Hampshire | $15 | No day count set |
| North Dakota | $15 | 3 days |
| Oklahoma | $15 | 3 days |
| South Dakota | $15 | 5 days |
| Tennessee | $15 | 5 days |
| Virginia | $15 | 3 days |
| Idaho | $16 | 5 days |
| Montana | $16 | 10 days |
| Nebraska | $16 | 5 days |
| Mississippi | $17 | 5 days |
| Washington, D.C. | $18 | 5 days |
| Illinois | $19 | 7 days |
| Arizona | $20 | 7 days |
| Connecticut | $20 | 3 days |
| Iowa | $20 | 3 days |
| Kansas | $20 | 3 days |
| Pennsylvania | $20 | 4 days |
| Texas | $20 | 10 days |
| Wisconsin | $20 | 6 days |
| Ohio | $21.50 | No day count set |
| North Carolina | $24 | 5 days |
| Colorado | $25 | 3 days |
| Delaware | $25 | 3 days |
| Georgia | $25 | 3 days |
| New Jersey | $25 | No day count set |
| Oregon | $25 | 5 days |
| Washington | $25 | 5 days |
| Wyoming | $25 | 3 days |
| California | $26 | 8 days |
| Alaska | $30 | 3 days |
| New York | $30 | 3 days |
| Michigan | $34 | 3 days |
| Utah | $35 | 5 days |
| Massachusetts | No single fee: $20 in person, $32 by mail | 5 days |
| Nevada | No single fee: $22 or $25, by county of death | 3 days |
| Rhode Island | No single fee: $22 in person, $25 by mail | 7 days |
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
30 of 51 jurisdictions set no legal wait before cremation.
The legally required wait before cremation, 51 jurisdictions, 2026. A wait alone doesn’t set the total delay: permits, investigations and the provider’s own policy count too.
- No wait, 30
- 12 hours, 1
- 24 hours, 14
- 48 hours, 6
Source: MORTL’s 51 state guides, each figure cited there to the statute, court rule or agency schedule that sets it, the guides last reviewed between September and November 2026.
Table view
| Required wait | Jurisdictions | Which |
|---|---|---|
| No wait | 30 | Alaska, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Utah, Virginia, Washington, Washington, D.C., West Virginia, Wyoming |
| 12 hours | 1 | Maryland |
| 24 hours | 14 | Alabama, Arizona, Colorado, Idaho, Montana, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont |
| 48 hours | 6 | Connecticut, Indiana, Massachusetts, New Hampshire, Texas, Wisconsin |
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
35 of 51 jurisdictions have a transfer on death instrument for real estate in force.
Whether state law lets an owner name a beneficiary for real estate with a transfer on death deed or a similar instrument, 51 jurisdictions, 2026.
- In force, 35
- None, 16
Source: MORTL’s 51 state guides, each figure cited there to the statute, court rule or agency schedule that sets it, the guides last reviewed between September and November 2026.
Table view
| Status | Jurisdictions | Which |
|---|---|---|
| In force | 35 | Alaska, Arizona, Arkansas, California, Colorado, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, Washington, D.C., West Virginia, Wisconsin, Wyoming |
| None | 16 | Alabama, Connecticut, Florida, Idaho, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont |
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
34 of 51 jurisdictions tax neither estates nor inheritances.
State estate and inheritance taxes, 51 jurisdictions, 2026. Maryland levies both and is counted with the estate tax jurisdictions.
- Estate tax, 13
- Inheritance tax only, 4
- Neither, 34
Source: MORTL’s 51 state guides, each figure cited there to the statute, court rule or agency schedule that sets it, the guides last reviewed between September and November 2026.
Table view
| Death tax in 2026 | Jurisdictions | Which |
|---|---|---|
| Estate tax | 13 | Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, Washington, D.C. |
| Inheritance tax only | 4 | Kentucky, Nebraska, New Jersey, Pennsylvania |
| Neither | 34 | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming |
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.
From the page
Compare States
California’s small estate limit, $208,850, is $133,850 more than Texas’s, $75,000.
The small estate limit recorded in each state’s MORTL guide, 2026. Each limit belongs to its own procedure and covers its own kinds of property, so read the conditions before you rely on one.
Sources: MORTL’s California guide, the limit and its conditions cited there to the statute that sets them; MORTL’s Texas guide, the limit and its conditions cited there to the statute that sets them.
Table view
| State | Small estate limit | Conditions |
|---|---|---|
| California | $208,850 | Gross value as of April 1, 2025 (AB 2016); debts and mortgages do not reduce it, and it adjusts periodically for inflation. |
| Texas | $75,000 | Gross value excluding homestead and exempt property; intestate estates only, with a 30-day wait and all heirs signing. |
To reuse this chart, credit MORTL and link to mortl.com/compare.