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The short answer
It depends on how things were owned. Assets with a living beneficiary, a joint owner, or a trust skip probate. Assets titled only in the dead person's name usually need it, unless the estate's total falls under your state's small-estate limit, and many states let heirs use an affidavit instead of a court case. Three questions below tell you which group you're in.
Reviewed August 2026 · Small-estate limits and affidavit rules are state law; the checker uses your state's. · Sources: Cornell Law School, Legal Information Institute
Probate, explained in plain words →Estimate the cost and timeline →
Before you start
Answer three screening questions to see common probate indicators, then use the state-specific estimator. The result is general guidance, not a court determination. Gather a rough list of what the person owned and how each thing is titled before you answer. Titling decides most of this, and a single account in their name alone can be the difference between an affidavit and a court case.
Check your state's probate rules →Free tool
Probate is the court process for transferring what someone owned when they die. Plenty of estates skip it entirely. Whether this one needs it depends on how things were owned, not on how much they were worth. Answer three questions for a preliminary screen.
This is general information, not legal advice. Probate is state law and the details vary. Everything runs in your browser; nothing you select is sent anywhere or saved.
Your answer
Answer the first two questions on the left and your answer will appear here.
Check your state
This screen highlights common probate indicators. For your state’s small-estate dollar threshold, possible simplified procedures, and typical cost and timing, use the Probate Cost & Timeline Estimator. Confirm the result under current state and local court rules.
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