Finding one
Probate's entry price runs from $15,000 to $400,000.
Every state sets a value under which an estate can skip full probate court. In Georgia that cutoff is $15,000. In Wyoming it's $400,000, 27 times higher. A $200,000 estate clears with an affidavit in Wyoming and goes through court in Georgia.
Every jurisdiction with a general cutoff, ranked. Most cutoffs carry conditions, usually limits on property type or waiting periods; hover a bar for the state's note, and the dataset records them in full.
No general cutoff: New Hampshire. Its courts offer other shortcuts.
Finding two
The same piece of paper costs $5 or $35, depending on the state.
There's no universal number of certified copies a family needs. Each bank, insurer, court, and agency decides whether it wants one, so the count comes from the list of institutions, not a rule of thumb. The first copy costs $5 in Florida and $35 in Utah, 7 times as much, before county add-ons and online-ordering fees.
Deadlines spread the same way. State law gives between 1 day and 10 days to file the certificate with vital records, and 3 jurisdictions set no day count at all, tying filing to the burial permit instead.
Priced by county or by order channel rather than one statewide fee: . Each guide carries the ordering route and the agency schedule.
Finding three
The legally required wait before cremation is zero hours in 30 jurisdictions and 48 in others.
Cremation is now the majority choice in the US, and state law disagrees about how long a family must wait for it. 30 jurisdictions require no waiting period. 6 make families wait 48 hours. The wait matters because body storage fees start immediately, so the same decision costs more in a 48-hour state.
0 hours
(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
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
Finding four
35 of 51 jurisdictions let a home skip probate entirely today. 16 don't.
A transfer on death instrument passes real estate directly to a named beneficiary, no probate involved. 35 jurisdictions have one in force; the rest leave families to trusts or joint ownership. The tool goes by 8 different names across those states, which is part of why so few families know it exists.
Not available (16)
Alabama · Alabama has no TOD deed; a living trust or joint ownership with right of survivorship does the same job here.
Connecticut · Connecticut has no TOD deed (the legislature has repeatedly declined to adopt one, most recently in 2026); a living trust or joint ownership with survivorship does the same job here.
Florida · An enhanced life estate (Lady Bird) deed, recognized by case law rather than statute, or a living trust does the same job here. Have a Florida attorney prepare it.
Idaho · A living trust, joint ownership with survivorship, or (for spouses) community property with right of survivorship does the same job here; and a uniform-act bill (S 1399) died in the 2026 session, so watch for it to come back.
Iowa · An Iowa court has voided one that was tried. A living trust or joint ownership with survivorship does the same job here; uniform-act bills keep stalling in the legislature.
Kentucky · A living trust or joint ownership with survivorship does the same job here; and Kentucky came close in 2026 (the bill passed the Senate before dying), so check for new law before relying on this.
Louisiana · No TOD deed, and Louisiana's civil law means the usual workarounds differ too; joint ownership doesn't carry survivorship here by default, so a living trust (or usufruct planning in a will) does this job, ideally drafted by a Louisiana notary or attorney.
Massachusetts · A living trust or joint ownership with right of survivorship does the same job here.
Michigan · Michigan has no statutory TOD deed, but Lady Bird deeds are well established in Michigan title practice (Land Title Standard 9.3) and do the same probate-avoidance job; a living trust or joint ownership also works.
New Jersey · A living trust or joint ownership with survivorship (including tenancy by the entirety for spouses) does the same job here; a bill to adopt TOD deeds was introduced in 2026 but hasn't passed.
North Carolina · A living trust or joint ownership with survivorship does the same job here; and ignore recent blog posts claiming NC adopted TOD deeds, because the official statutes show none.
Pennsylvania · A living trust or joint ownership with survivorship does the same job here; a uniform-act bill (HB 2124) is parked in the legislature, so watch for a late-2026 change.
Rhode Island · A living trust or joint ownership with survivorship does the same job here; a 2026 bill (S 2050) got a committee hearing but wasn't enacted.
South Carolina · A living trust or joint ownership with survivorship does the same job here; TOD-deed and Lady Bird-deed bills exist but neither has passed.
Tennessee · A living trust or joint ownership with survivorship does the same job here; a uniform-act bill came close in 2026 and will likely be reintroduced, so re-check next session.
Vermont · A living trust or joint ownership with survivorship does the same job here; some Vermont lawyers use enhanced life estate (Lady Bird-style) deeds, but no statute backs them, so treat those with caution.
Finding five
13 jurisdictions tax the estate. 5 tax the people who inherit. Maryland does both.
Beyond the federal estate tax, 13 jurisdictions levy their own, and the entry point varies by 15 times: Oregon starts taxing estates at $1,000,000 while Connecticut starts at $15,000,000. Where you die, and where your heirs live, changes the bill. An estate that owes nothing in Florida can owe six figures a state line away. 34 jurisdictions levy neither tax.
| Estate tax | Taxes estates over | Top rate |
|---|
| Oregon | $1,000,000 | 16% |
| Rhode Island | $1,838,056 | 16% |
| Massachusetts | $2,000,000 | 16% |
| Minnesota | $3,000,000 | 16% |
| Washington | $3,000,000 | 20% |
| Illinois | $4,000,000 | 16% |
| Washington, D.C. | $4,988,400 | 16% |
| Maryland | $5,000,000 | 16% |
| Vermont | $5,000,000 | 16% |
| Hawaii | $5,490,000 | 20% |
| Maine | $7,160,000 | 12% |
| New York | $7,350,000 | 16% |
| Connecticut | $15,000,000 | 12% |
5 states tax heirs instead, at rates that depend on how closely related they were:
- Kentucky: Class A beneficiaries (spouse, parent, child, grandchild, sibling, and for deaths on or after January 1, 2026, niece or nephew) are exempt; Class B (aunt, uncle, in-law children, great-grandchild) pay 4% to 16% after a $1,000 exemption, and Class C (everyone else) pay 6% to 16% after a $500 exemption.
- Maryland: 10% inheritance tax on property passing to non-exempt beneficiaries; direct or lineal heirs including a spouse, child, grandchild, or sibling are exempt for deaths on or after July 1, 2000.
- Nebraska: Paid by the heir to the county, at rates set by relationship. For deaths on or after January 1, 2023: surviving spouses pay nothing; children, other lineal descendants, parents, grandparents, and siblings pay 1% over $100,000; aunts, uncles, nieces, and nephews pay 11% over $40,000; everyone else pays 15% over $25,000. Heirs under 22 pay nothing.
- New Jersey: Class A heirs (spouse, civil union or domestic partner, parents, grandparents, children, grandchildren, stepchildren) and Class E (charities, NJ government) are exempt; Class C (siblings, spouses of children) pay 11% on amounts over $25K up to 16%, and Class D (all others) pay 15% up to $700K and 16% above.
- Pennsylvania: Surviving spouses and charities are exempt; lineal heirs (children, grandchildren, parents) pay 4.5%, siblings 12%, and all other heirs 15%.
Finding six
A valid healthcare directive needs zero, one, or two witnesses, and 3 jurisdictions want a notary.
The document that speaks for you when you can't is governed by signing rules that change at every border: witness counts run from zero to two, 3 jurisdictions require or effectively require notarization, and minimum ages vary. A directive signed correctly for one state can fail the formalities of another, which matters for anyone who moves or splits the year between states.
0 witnesses
(2) Idaho, New Mexico
0 witnesses + notary
(1) Missouri
1 witness
(2) Delaware, Utah
2 witnesses
(20) Alabama, 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
(23) Alaska, 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 + notary
(2) North Carolina, West Virginia
Notary column reflects jurisdictions whose statute requires notarization or makes it the practical default. Each guide carries the exact signing statute.
Finding seven
The record moved 799 times in 2026, and every move is logged.
Death law does not sit still, and neither does this dataset. Across 51 of the 51 jurisdictions, the guides behind this report recorded 799 dated updates in 2026 so far: legislatures moving thresholds, agencies changing fees, and MORTL's own audits correcting copy against the statutes. Each entry names its section, its date, and what changed, on the state's guide.
159
updates in Death Certificates
105
updates in Probate & Wills
75
updates in Cremation & Burial
67
updates in Organ Donation
66
updates in Advance Directives
The full change history is on each guide's change log. Corrections from MORTL's audit cycle are logged in the same record as law changes, dated and in plain sight, because a dataset that hides its corrections can't be trusted on its facts.
Appendix
All 51 jurisdictions, one row each.
The headline figures side by side. Every number links to the state guide that carries its statutory source, and the CSV carries the notes and conditions this table abbreviates.
| Jurisdiction | Small estate cutoff | Estate tax | Inheritance tax | Cert. first copy | Filing deadline | Cremation wait | TOD deed | Directive signing |
|---|
| Alabama | $47,000 | None | None | $15 | 5 days | 24 h | No | 2 wit. |
| Alaska | $50,000 | None | None | $30 | 3 days | 0 h | Yes | 2 wit. or notary |
| Arizona | $200,000 | None | None | $20 | 7 days | 24 h | Yes | 1 wit. or notary |
| Arkansas | $100,000 | None | None | $10 | 10 days | 0 h | Yes | 2 wit. or notary |
| California | $208,850 | None | None | $26 | 8 days | 0 h | Yes | 2 wit. or notary |
| Colorado | $88,000 | None | None | $25 | 3 days | 24 h | Yes | 2 wit. or notary |
| Connecticut | $40,000 | Over $15,000,000 | None | $20 | 3 days | 48 h | No | 2 wit. |
| Delaware | $50,000 | None | None | $25 | 3 days | 0 h | Yes | 1 wit. |
| Florida | $150,000 | None | None | $5 | 5 days | 0 h | No | 2 wit. |
| Georgia | $15,000 | None | None | $25 | 3 days | 0 h | Yes | 2 wit. |
| Hawaii | $100,000 | Over $5,490,000 | None | $10 | 3 days | 0 h | Yes | 2 wit. or notary |
| Idaho | $100,000 | None | None | $16 | 5 days | 24 h | No | 0 wit. |
| Illinois | $150,000 | Over $4,000,000 | None | $19 | 7 days | 0 h | Yes | 2 wit. |
| Indiana | $100,000 | None | None | $8 | 5 days | 48 h | Yes | 2 wit. or notary |
| Iowa | $200,000 | None | None | $20 | 3 days | 0 h | No | 2 wit. or notary |
| Kansas | $75,000 | None | None | $20 | 3 days | 0 h | Yes | 2 wit. or notary |
| Kentucky | $30,000 | None | Yes | $6 | 5 days | 0 h | No | 2 wit. or notary |
| Louisiana | $200,000 | None | None | $7 | 5 days | 0 h | No | 2 wit. |
| Maine | $52,500 | Over $7,160,000 | None | $15 | 5 days | 0 h | Yes | 2 wit. |
| Maryland | $50,000 | Over $5,000,000 | Yes | $10 | 3 days | 12 h | Yes | 2 wit. |
| Massachusetts | $25,000 | Over $2,000,000 | None | $20 in person, $32 by mail | 5 days | 48 h | No | 2 wit. |
| Michigan | $53,000 | None | None | $34 | 3 days | 0 h | No | 2 wit. |
| Minnesota | $75,000 | Over $3,000,000 | None | $13 | 5 days | 0 h | Yes | 2 wit. or notary |
| Mississippi | $75,000 | None | None | $17 | 5 days | 0 h | Yes | 2 wit. |
| Missouri | $40,000 | None | None | $14 | 5 days | 0 h | Yes | 0 wit. + notary |
| Montana | $100,000 | None | None | $16 | 10 days | 24 h | Yes | 2 wit. |
| Nebraska | $100,000 | None | Yes | $16 | 5 days | 0 h | Yes | 2 wit. or notary |
| Nevada | $150,000 | None | None | $22 or $25, by county of death | 3 days | 0 h | Yes | 2 wit. or notary |
| New Hampshire | No general cutoff | None | None | $15 | No day count | 48 h | Yes | 2 wit. or notary |
| New Jersey | $50,000 | None | Yes | $25 | No day count | 24 h | No | 2 wit. or notary |
| New Mexico | $50,000 | None | None | $5 | 5 days | 0 h | Yes | 0 wit. |
| New York | $50,000 | Over $7,350,000 | None | $30 | 3 days | 0 h | Yes | 2 wit. |
| North Carolina | $20,000 | None | None | $24 | 5 days | 0 h | No | 2 wit. + notary |
| North Dakota | $100,000 | None | None | $15 | 3 days | 0 h | Yes | 2 wit. or notary |
| Ohio | $35,000 | None | None | $21.50 | No day count | 24 h | Yes | 2 wit. or notary |
| Oklahoma | $50,000 | None | None | $15 | 3 days | 24 h | Yes | 2 wit. |
| Oregon | $75,000 | Over $1,000,000 | None | $25 | 5 days | 0 h | Yes | 2 wit. or notary |
| Pennsylvania | $50,000 | None | Yes | $20 | 4 days | 24 h | No | 2 wit. |
| Rhode Island | $15,000 | Over $1,838,056 | None | $22 in person, $25 by mail | 7 days | 24 h | No | 2 wit. or notary |
| South Carolina | $45,000 | None | None | $12 | 5 days | 24 h | No | 2 wit. |
| South Dakota | $100,000 | None | None | $15 | 5 days | 24 h | Yes | 2 wit. or notary |
| Tennessee | $50,000 | None | None | $15 | 5 days | 24 h | No | 2 wit. or notary |
| Texas | $75,000 | None | None | $20 | 10 days | 48 h | Yes | 2 wit. or notary |
| Utah | $100,000 | None | None | $35 | 5 days | 0 h | Yes | 1 wit. |
| Vermont | $45,000 | Over $5,000,000 | None | $10 | 1 days | 24 h | No | 2 wit. |
| Virginia | $75,000 | None | None | $15 | 3 days | 0 h | Yes | 2 wit. |
| Washington | $100,000 | Over $3,000,000 | None | $25 | 5 days | 0 h | Yes | 2 wit. or notary |
| Washington, D.C. | $80,000 | Over $4,988,400 | None | $18 | 5 days | 0 h | Yes | 2 wit. |
| West Virginia | $50,000 | None | None | $12 | 5 days | 0 h | Yes | 2 wit. + notary |
| Wisconsin | $50,000 | None | None | $20 | 6 days | 48 h | Yes | 2 wit. |
| Wyoming | $400,000 | None | None | $25 | 3 days | 0 h | Yes | 2 wit. or notary |
Methodology
Where these numbers come from.
Every figure comes from one of MORTL's 51 state guides, where it sits next to the statute, court rule, or agency schedule that sets it. The dataset is generated from those guides by script, and an automated check fails MORTL's build when the two disagree, so this report cannot drift from the site it summarizes.
Guides are re-read against their sources on a quarterly cycle and re-stamped in an audit ledger; edits to legal figures ship with dated change log entries. Where an official source can't be read by automated means, the claim is recorded as unverifiable rather than guessed at. The verification standards are public: how MORTL verifies its content.