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From the page

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.

50 of 51 jurisdictions record a dollar figuremortl.com/reports/state-death-data-2026CC BY 4.0

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
JurisdictionLimit recordedConditions
Wyoming$400,000The 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$208,850Gross value as of April 1, 2025 (AB 2016); debts and mortgages do not reduce it, and it adjusts periodically for inflation.
Louisiana$200,000Total estate value must not exceed $200,000; usable by the surviving spouse and adult heirs under specific conditions.
Iowa$200,000Gross 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$200,000Solely-owned personal property, less liens and encumbrances; real property has a separate $300,000 limit.
Nevada$150,000The $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$150,000Solely-owned assets without beneficiary designations; contested or complex estates can take 2-3 years.
Florida$150,000Value 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$100,000Total gross value with no real property; 40-day wait before presenting the affidavit.
Utah$100,000The estate must consist solely of personal property valued at $100,000 or less.
South Dakota$100,000Excludes non-probate assets such as jointly owned property and assets with beneficiary designations.
North Dakota$100,000Estate under $100,000 with no real property; the affidavit can be used 30 days after death.
Nebraska$100,000Personal 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$100,000The probate estate wherever located, less liens and encumbrances, must be $100,000 or less, and 30 days must have passed since the death.
Indiana$100,000Personal property less liens and encumbrances, as of 2022; subject to change by legislative action.
Idaho$100,000Probate is required if the deceased owned real estate or probate assets exceed $100,000.
Hawaii$100,000Gross estate value of $100,000 or less, with no real property interests in the estate.
Arkansas$100,000Total estate value, excluding certain non-probate assets.
Colorado$88,000Indexed 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.$80,000Total 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$75,000Applies to solely-owned assets (Va. Code 64.2-601).
Texas$75,000Gross value excluding homestead and exempt property; intestate estates only, with a 30-day wait and all heirs signing.
Oregon$75,000Two 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$75,000Probate estate value, excluding liens and encumbrances.
Minnesota$75,000Personal property of $75,000 or less; the affidavit can be used 30 days after death and must be signed before a notary.
Kansas$75,000Probate estate: assets solely in the deceased's name without a beneficiary designation.
Michigan$53,000Inflation-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$52,500The $52,500 figure applies to 2026 estates.
Wisconsin$50,000Applies to estates valued under $50,000.
West Virginia$50,000Personal probate assets only; the estate must not include real estate.
Tennessee$50,000Applies to solely-owned assets (T.C.A. 30-4-102).
Pennsylvania$50,000Applies to solely-owned assets.
Oklahoma$50,000Cumulative probate personal property, excluding real estate.
New York$50,000Total gross value of $50,000 or less, with no real property in the estate.
New Mexico$50,000Applies to assets without a designated beneficiary and not held in joint tenancy.
New Jersey$50,000For 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$50,000Rises to $100,000 when the sole heir is a surviving spouse.
Delaware$50,000Personal property in the deceased's name alone; recently increased to $50,000. Solely owned real estate still requires probate.
Alaska$50,000The 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$47,000The 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$45,000Estate of $45,000 or less with no real estate other than a timeshare.
South Carolina$45,000Probate 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$40,000Entire estate less liens, debts, and encumbrances; 30-day wait, and estates over $15,000 must publish a notice to creditors.
Connecticut$40,000Total personal property must not exceed $40,000, with no solely owned real estate.
Ohio$35,000Rises to $100,000 when the surviving spouse is the sole beneficiary.
Kentucky$30,000Personal estate of $30,000 or less, excluding real estate that passes directly to named beneficiaries.
Massachusetts$25,000Personal property only, excluding the value of a car; at least 30 days must have passed since death.
North Carolina$20,000Rises to $30,000 when the surviving spouse is the sole heir.
Rhode Island$15,000Excludes tangible personal property and assets with designated beneficiaries or other non-probate transfer mechanisms.
Georgia$15,000No general dollar threshold; the $15,000 affidavit applies only to bank accounts when there's no will.
New HampshireNo general dollar cutoffNo 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.

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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.

48 of 51 jurisdictions record one base feemortl.com/reports/state-death-data-2026CC BY 4.0

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
JurisdictionBase feeFiling deadline
Florida$55 days
New Mexico$55 days
Kentucky$65 days
Louisiana$75 days
Indiana$85 days
Arkansas$1010 days
Hawaii$103 days
Maryland$103 days
Vermont$101 day
South Carolina$125 days
West Virginia$125 days
Minnesota$135 days
Missouri$145 days
Alabama$155 days
Maine$155 days
New Hampshire$15No day count set
North Dakota$153 days
Oklahoma$153 days
South Dakota$155 days
Tennessee$155 days
Virginia$153 days
Idaho$165 days
Montana$1610 days
Nebraska$165 days
Mississippi$175 days
Washington, D.C.$185 days
Illinois$197 days
Arizona$207 days
Connecticut$203 days
Iowa$203 days
Kansas$203 days
Pennsylvania$204 days
Texas$2010 days
Wisconsin$206 days
Ohio$21.50No day count set
North Carolina$245 days
Colorado$253 days
Delaware$253 days
Georgia$253 days
New Jersey$25No day count set
Oregon$255 days
Washington$255 days
Wyoming$253 days
California$268 days
Alaska$303 days
New York$303 days
Michigan$343 days
Utah$355 days
MassachusettsNo single fee: $20 in person, $32 by mail5 days
NevadaNo single fee: $22 or $25, by county of death3 days
Rhode IslandNo single fee: $22 in person, $25 by mail7 days

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.

Oregon taxes estates above $1,000,000, and Connecticut starts at $15,000,000, the same as the federal exemption.

The 2026 estate tax exemption in the 13 jurisdictions with an estate tax. The federal exemption is $15,000,000 per person.

13 of 51 jurisdictionsmortl.com/reports/state-death-data-2026CC BY 4.0

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
Jurisdiction2026 exemptionTop rate
Oregon$1,000,00016%
Rhode Island$1,838,05616%
Massachusetts$2,000,00016%
Minnesota$3,000,00016%
Washington$3,000,00020%
Illinois$4,000,00016%
Washington, D.C.$4,988,40016%
Maryland$5,000,00016%
Vermont$5,000,00016%
Hawaii$5,490,00020%
Maine$7,160,00012%
New York$7,350,00016%
Connecticut$15,000,00012%

To reuse this chart, credit MORTL and link to mortl.com/reports/state-death-data-2026.

45 of 51 jurisdictions require two witnesses on a healthcare directive, and 23 of those accept a notary in their place.

How a healthcare directive is signed under each jurisdiction’s statute, 51 jurisdictions, 2026. “Or notary” means the statute accepts a notary in place of the witnesses; “+ notary” means it requires notarization or makes it the practical default.

51 jurisdictionsmortl.com/reports/state-death-data-2026CC BY 4.0

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
Signing ruleJurisdictionsWhich
0 witnesses2Idaho, New Mexico
Notary, no witnesses1Missouri
1 witness2Delaware, Utah
1 witness or notary1Arizona
2 witnesses20Alabama, Connecticut, Florida, Georgia, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, New York, Oklahoma, Pennsylvania, South Carolina, Vermont, Virginia, Washington, D.C., Wisconsin
2 witnesses or notary23Alaska, Arkansas, California, Colorado, Hawaii, Indiana, Iowa, Kansas, Kentucky, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Washington, Wyoming
2 witnesses + notary2North Carolina, West Virginia

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The guides logged 811 dated updates in 2026 so far, 330 of them in August, the busiest month.

Dated entries in the change logs of MORTL’s 51 state guides, by month, 2026 so far. Each entry is a law change or a correction, dated on its guide.

51 of 51 jurisdictions updatedmortl.com/reports/state-death-data-2026CC BY 4.0

Source: The change logs on MORTL’s state guides, each entry dated on its guide.

Table view
MonthDated updatesBusiest section
January66Estate & Inheritance Taxes
February1Estate Taxes
March4General
April4Death Certificates
May4Advance Directives
June7Cremation & Burial
July179Probate
August330Probate & Wills
September192Death Certificates
October20Probate & Wills
November4Advance Directives

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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.

2 of 51 jurisdictionsmortl.com/compareCC BY 4.0

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
StateSmall estate limitConditions
California$208,850Gross value as of April 1, 2025 (AB 2016); debts and mortgages do not reduce it, and it adjusts periodically for inflation.
Texas$75,000Gross value excluding homestead and exempt property; intestate estates only, with a 30-day wait and all heirs signing.

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