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Find Out If an Estate Needs Probate and Which Documents You Need
Probate is required when a person who passed away owned property in their name alone, with no named beneficiary or co-owner, and that property is worth more than their state’s small estate limit. That limit ranges from $15,000 in Rhode Island to $400,000 in Wyoming.
The Memorial Merits Probate Document Finder is a free tool that shows whether an estate needs probate in any of the 50 states or Washington, DC, and lists the documents the family will need. Answer up to seven questions about the estate. The result lists each document in the order you will need it, says why it is on your list, and cites the state law behind each rule. You can print the list, save it, or email it to yourself.
Probate is required when a person who passed away owned property in their name alone, with no named beneficiary, co-owner or trust, and that property is worth more than their state’s small estate limit. Below the limit, the family can usually use a small estate affidavit or a short court process instead of full probate.
- State limits: Small estate limits run from $15,000 in Rhode Island to $400,000 in Wyoming, with California at $208,850 and Texas and Virginia at $75,000.
- Property that skips probate: Beneficiary accounts, joint property with right of survivorship, payable on death accounts, living trusts and transfer on death deeds (allowed in 33 states and DC) all pass outside probate.
- A house in their name alone: In 31 of the 51 jurisdictions, a small estate affidavit cannot transfer a house, so the house goes through probate even in a small estate.
- Waiting period: States require a wait of 0 to 60 days after the death before a small estate affidavit can be used.
- Lawyer rules: Florida requires a lawyer unless the executor is the only person inheriting, and Texas courts generally expect one.
The Memorial Merits Probate Document Finder shows whether an estate needs probate in any state and lists the documents the family needs. It needs JavaScript to run. The table of small estate limits for all 50 states and DC is below on this page.
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When Is Probate Required?
Probate is the court process that gives one person legal authority to collect a deceased person’s property, pay their debts and hand what is left to the heirs. The court appoints that person, called the executor when there is a will and the administrator when there is not. The court’s appointment papers are what banks, brokerages and county recorders ask to see before they release or transfer anything.
An estate needs probate when all three of these are true:
- The person owned property in their name alone.
- That property has no named beneficiary, no surviving co-owner and no living trust holding it.
- Its total value is over the state’s small estate limit, or it includes property the state’s shorter process cannot transfer. In 31 of the 51 jurisdictions, the small estate affidavit cannot transfer a house or land.
A will does not skip probate. A will names who inherits and who should act as executor, and the executor usually needs a probate court to confirm that. The court then issues letters testamentary. When there is no will, the court appoints an administrator and issues letters of administration, and state law decides who inherits. The Memorial Merits guide to what happens when someone passes away without a will covers that order state by state.
What Triggers Probate?
These assets most often send an estate to probate:
- A house or land in their name alone, with no transfer on death deed and no surviving joint owner.
- A bank or brokerage account in their name alone, with no payable on death or transfer on death person listed.
- A house or land in another state. Real estate is handled by the state where it sits, so it usually needs a second probate case there, called ancillary probate.
- A car, truck or boat in their name alone. Many states have a short motor vehicle agency form that transfers a vehicle without probate.
- Money owed to the person who passed away, such as a final paycheck, a tax refund or proceeds from a lawsuit, when no one is named to receive it.
Who Decides If Probate Is Necessary?
The family decides whether to open a probate case, based on what the person owned. No court or government office checks on its own. In practice, the bank, brokerage, title company or county recorder holding the property makes the decision for you: if they will not release or transfer it without court papers, the estate needs probate for that property.
Does Probate Happen Automatically?
No. Probate starts only when someone files a petition with the probate court in the county where the person lived. Until someone files, property in the person’s name alone stays frozen. Some states also set deadlines. California Probate Code section 8200 requires whoever holds the original will to deliver it to the court within 30 days of learning of the death, and Texas Estates Code section 256.003 generally bars probating a will more than four years after the death.
How to Find Out If an Estate Needs Probate
These are the same steps the Probate Document Finder follows. You can use the tool above, or work through them on paper.
- Find the state where the person lived. That state's probate law applies to everything except real estate in other states.
- Look for the original signed will. in their home files, a safe deposit box, and with the lawyer who wrote it. Courts accept only the original, not a copy.
- List everything they owned. each house, bank account, brokerage account, retirement account, life insurance policy and vehicle.
- Mark each item that already names who receives it. Life insurance and retirement accounts with a beneficiary, joint accounts, payable on death accounts, trust property, and a house with a transfer on death deed or a joint deed with right of survivorship all pass outside probate.
- Add up the value of everything left. This total is the estate subject to probate. A rough estimate is enough to start.
- Compare the total to your state’s small estate limit. in the table on this page. Under the limit, the family can usually use a small estate affidavit or a short court process. Over the limit, the estate needs full probate.
- Check whether a house is still on the list. In 31 of the 51 jurisdictions, a house in the person's name alone requires probate even when the total is under the limit.
- Check your state’s waiting period and where the paperwork goes. The table shows how many days to wait after the death, and whether the affidavit goes to the bank or to the court.
- Gather the documents for your route. The Memorial Merits Probate Document Finder lists them in order for your state.
When Is Probate Not Required?
Probate is not required for property that already names who receives it, and it is not required when everything left in the person’s name alone is under the state’s small estate limit.
These pass outside probate:
- Life insurance and retirement accounts with a named beneficiary. The beneficiary files a claim with the company. The Memorial Merits guide on how to file a life insurance claim walks through each step.
- Property owned jointly with right of survivorship. The surviving owner records a death certificate. See the survivorship deed guide.
- Payable on death and transfer on death accounts. The named person brings a certified death certificate to the bank or brokerage.
- Property held in a living trust. The trustee transfers it under the trust’s terms, with no court involved. A short certificate of trust proves to the bank who the trustee is.
- A house with a transfer on death deed, in the 33 states and DC that allow one. The transfer on death deed guide lists every state.
When the property left in the person’s name alone is under the state’s limit, the family can use a small estate affidavit or a shorter court process instead of full probate. In 28 jurisdictions the affidavit goes straight to the bank or company holding the property. In 20 it is filed with the probate court. Florida, Georgia and New Hampshire have no small estate affidavit; each has a short court process instead.
Do You Have to Probate a Will?
Yes, in most cases, when the will controls property in the person’s name alone that is worth more than the state’s limit. Having a will changes who inherits and who is in charge. It does not change whether the property needs probate. If everything the person owned passes by beneficiary, joint ownership or trust, the will may never need to be filed, although some states still require the original will to be delivered to the court.
Texas adds a twist: its small estate affidavit is only for estates with no will. When a Texas estate has a will, the family uses probate of the will as a muniment of title or a full probate case, even for a small estate.
Does Life Insurance or a Retirement Account Go Through Probate?
No, as long as a living beneficiary is named. The company pays the beneficiary directly. It does go through probate when the named beneficiary passed away first and no backup is named, or when the estate itself is listed as the beneficiary.
Do Joint Bank Accounts Go Through Probate?
No, when the account is held jointly with right of survivorship, which is how most joint bank accounts are set up. The surviving owner keeps the account. A bank account in the person’s name alone with no payable on death person listed does go through probate, or through the small estate affidavit when the estate is under the limit.
Does a Trust Go Through Probate?
No, for property that was moved into the trust before the death. Property that was never retitled into the trust’s name stays in the person’s name alone and can still need probate. That is why many estates with a living trust also have a short “pour over” will.
Does a Surviving Spouse Need Probate?
A surviving spouse does not skip probate automatically. Property the spouses owned jointly passes to the surviving spouse without probate. Property in the deceased spouse’s name alone follows the same rules as any other estate. Some states have a shorter process just for spouses: California’s spousal property petition under Probate Code sections 13650 to 13660 has no dollar limit.
I Am the Executor and Only Beneficiary. Do I Need Probate?
Usually yes, for property in the person’s name alone above the state’s limit. Being the only beneficiary does not give you legal authority over the accounts; the court appointment does. It can make probate simpler. In Florida, a personal representative who is the only person inheriting may file without a lawyer.
How Much Does an Estate Have to Be Worth to Go to Probate?
Each state sets its own dollar limit. The lowest is Rhode Island at $15,000, and the highest is Wyoming at $400,000. California’s limit is $208,850, Illinois’s is $150,000, and Texas and Virginia are both $75,000. Most states also make the family wait a set number of days after the death before the small estate affidavit can be used. That wait ranges from none to 60 days in Virginia and Washington, DC.
Count only property in the person’s name alone. Life insurance, retirement accounts with a beneficiary, joint accounts and trust property do not count toward the limit. Several states also leave out the family home or certain exempt property when adding up the total. The table lists every state’s limit, waiting period, where the paperwork goes, whether a house can pass by affidavit, and the statute.
| State | Small estate limit | Wait after death | Paperwork goes to | House by affidavit | Transfer on death deed | Statute |
|---|---|---|---|---|---|---|
| Alabama | Set by formula (homestead, exempt property and family allowances) | None | Probate court | No | No | Ala. Code 43-2-690 to 43-2-698 |
| Alaska | $50,000 | 30 days | Bank or company | No | Yes | AS 13.16.680 |
| Arizona | $200,000 | 30 days | Bank or company | Yes | Yes | A.R.S. 14-3971 |
| Arkansas | $100,000 | 45 days | Bank or company | Yes | Yes | Ark. Code Ann. 28-41-101 |
| California | $208,850 | 40 days | Bank or company | Limited | Yes | Cal. Prob. Code 13100 |
| Colorado | $88,000 | 10 days | Bank or company | No | Yes | C.R.S. 15-12-1201 |
| Connecticut | $40,000 | None | Probate court | No | No | Conn. Gen. Stat. 45a-273 |
| Delaware | $50,000 | 30 days | Probate court | No | Yes | 12 Del. C. 2306 |
| District of Columbia | $40,000 | 60 days | Bank or company | No | Yes | D.C. Code 20-361 |
| Florida | No affidavit. Summary administration up to $150,000 | None | Probate court | No | No | Fla. Stat. 735.201-735.206 |
| Georgia | No affidavit. Petition for no administration | None | Probate court | Yes | Yes | O.C.G.A. 53-2-40 |
| Hawaii | $100,000 | None | Bank or company | No | Yes | HRS 560:3-1201 |
| Idaho | $100,000 | 30 days | Bank or company | No | No | Idaho Code 15-3-1201 |
| Illinois | $150,000 | None | Bank or company | No | Yes | 755 ILCS 5/25-1 |
| Indiana | $100,000 | 45 days | Bank or company | No | Yes | IC 29-1-8-1 |
| Iowa | $50,000 | 40 days | Bank or company | Limited | No | Iowa Code 633.356 |
| Kansas | $75,000 | None | Bank or company | No | Yes | K.S.A. 59-1507b |
| Kentucky | $30,000 | None | Probate court | Ask the court | No | KRS 395.455 and KRS 391.030 |
| Louisiana | $125,000 | None | Probate court | Limited | No | La. Code Civ. Proc. art. 3421 |
| Maine | $40,000 base, adjusted each year for inflation | 30 days | Bank or company | Yes | Yes | 18-C M.R.S. 3-1201 |
| Maryland | $50,000 | None | Probate court | Yes | Yes (deaths on or after Oct. 1, 2026) | Md. Code, Est. & Trusts 5-601 |
| Massachusetts | $25,000 | 30 days | Probate court | No | No | M.G.L. c.190B 3-1201 |
| Michigan | $53,000 | 28 days | Bank or company | No | No | MCL 700.3983 |
| Minnesota | $75,000 | 30 days | Bank or company | No | Yes | Minn. Stat. 524.3-1201 |
| Mississippi | $75,000 | 30 days | Bank or company | No | Yes | Miss. Code Ann. 91-7-322 |
| Missouri | $40,000 | 30 days | Probate court | Yes | Yes | Mo. Rev. Stat. 473.097 |
| Montana | $100,000 | 30 days | Bank or company | No | Yes | Mont. Code Ann. 72-3-1101 |
| Nebraska | $100,000 | 30 days | Bank or company | No | Yes | Neb. Rev. Stat. 30-24,125 |
| Nevada | $25,000 | 40 days | Bank or company | Limited | Yes | NRS 146.080 |
| New Hampshire | No affidavit. Waiver of administration | None | Probate court | No | Yes | RSA 553:32 |
| New Jersey | $50,000 | None | Court, then bank | Yes | No | N.J.S.A. 3B:10-3 |
| New Mexico | $50,000 | 30 days | Bank or company | No | Yes | NMSA 45-3-1201 |
| New York | $50,000 | None | Probate court | No | Yes | SCPA 1301 |
| North Carolina | $20,000 | 30 days | Probate court | No | No | N.C. Gen. Stat. 28A-25-1 |
| North Dakota | $100,000 | 30 days | Bank or company | No | Yes | NDCC 30.1-23-01 |
| Ohio | $35,000 | None | Probate court | Yes | Yes | Ohio Rev. Code 2113.03 |
| Oklahoma | $50,000 | 10 days | Bank or company | Limited | Yes | 58 O.S. 393 |
| Oregon | $75,000 | 30 days | Probate court | Yes | Yes | ORS 114.510 |
| Pennsylvania | $50,000 | None | Probate court | No | No | 20 Pa.C.S. 3102 |
| Rhode Island | $15,000 | 30 days | Probate court | No | No | R.I. Gen. Laws 33-24-1 |
| South Carolina | $45,000 | 30 days | Court, then bank | No | No | S.C. Code 62-3-1201 |
| South Dakota | $100,000 | 30 days | Bank or company | Yes | Yes | SDCL 29A-3-1201 |
| Tennessee | $50,000 | 45 days | Probate court | Limited | No | T.C.A. 30-4-102 |
| Texas | $75,000 | 30 days | Probate court | Limited | Yes | Tex. Est. Code 205.001-205.003 |
| Utah | $100,000 | 30 days | Bank or company | No | Yes | Utah Code 75-3-1201 |
| Vermont | $45,000 | None | Probate court | No | No | 14 V.S.A. 1901 |
| Virginia | $75,000 | 60 days | Bank or company | No | Yes | Va. Code 64.2-601 |
| Washington | $100,000 | 40 days | Bank or company | No | Yes | RCW 11.62.010 |
| West Virginia | $50,000 | 30 days | Probate court | No | Yes | W. Va. Code 44-1A-2 |
| Wisconsin | $50,000 | None | Bank or company | Limited | Yes | Wis. Stat. 867.03 |
| Wyoming | $400,000 | 30 days | Bank or company | Limited | Yes | W.S. 2-1-201 |
Verified September 25, 2026 against each state’s statute by Memorial Merits. “Limited” means a house can pass by affidavit only in some cases, such as a separate real property affidavit or a lower limit. Limits change; the Probate Document Finder uses the same data and shows each state’s details and conditions.
When Is Probate Required in California?
California requires probate when property in the person’s name alone is worth more than $208,850, for deaths on or after April 1, 2025. Under that limit, the family can collect personal property with a small estate affidavit under Probate Code section 13100, handed to the bank or company holding it, 40 days after the death. The affidavit cannot transfer a house. A lower-limit real property affidavit or the spousal property petition handles real estate. The limit is adjusted for inflation every three years, next on April 1, 2028.
When Is Probate Required in Texas?
Texas requires probate when there is a will, when the estate is over $75,000 not counting the homestead, or when the estate has debts it cannot pay. The small estate affidavit under Estates Code sections 205.001 to 205.003 is only for estates with no will. It must be signed by two witnesses who do not inherit, and a judge must approve it. The affidavit can transfer the homestead but no other real estate. Families with a will often use probate as a muniment of title, a short court process that transfers property without appointing an executor.
When Is Probate Required in Florida?
Florida has no small estate affidavit. It uses summary administration when the estate, less exempt property, is $150,000 or less, or when the person passed away more than two years ago (Florida Statutes section 735.201). Florida’s Probate Rule 5.030(a) requires the personal representative to have a lawyer unless that person is the only one inheriting.
When Is Probate Required in Virginia and Minnesota?
Virginia’s small estate affidavit covers estates up to $75,000 and can be used 60 days after the death, handed to the bank or company (Virginia Code section 64.2-601). Minnesota’s affidavit for collection of personal property also covers up to $75,000, after 30 days (Minnesota Statutes section 524.3-1201). Neither can transfer a house, so a house in the person’s name alone means probate in both states.
When Is Probate Required in Pennsylvania and Wisconsin?
Pennsylvania’s settlement of a small estate on petition covers property up to $50,000, not counting real estate, and it is filed with the court (20 Pa.C.S. section 3102). Pennsylvania does not allow transfer on death deeds, so a house in the person’s name alone goes through probate. Wisconsin’s transfer by affidavit covers up to $50,000 with no waiting period, and it can transfer a house to an heir after 30 days’ notice to the other heirs (Wisconsin Statutes section 867.03).
Every other state’s limit, wait and rules are in the table above and in the Probate Document Finder.
What Happens If You Don’t Go Through Probate?
Property that needs probate stays frozen until someone opens a case. The bank will not release the account, the county will not record a new owner for the house, and the house cannot be sold or refinanced with a clear title. Bills and property taxes keep coming due. If the original will is not filed within the state’s deadline, it may not be accepted at all, and state law then decides who inherits. Nothing happens to property that already passes by beneficiary, joint ownership or trust.
What Documents Are Needed for Probate?
The documents depend on which route the estate takes. The Probate Document Finder builds the exact list for your state. These are the documents on most lists.
Small Estate Route
- Certified death certificates. Order 6 to 10 copies, because each bank and company keeps its own.
- The small estate affidavit, or the state’s short court form.
- The original signed will, if there is one.
- An affidavit of heirship for a house in some states when there is no will. See the affidavit of heirship guide.
Full Probate Route
- Certified death certificates and the original will.
- The petition that opens the case: a petition for probate when there is a will, or a petition for letters of administration when there is not.
- An estate tax ID number from the IRS, so the estate can open its own bank account. IRS Publication 559 explains the executor’s tax filings.
- A notice to creditors, which sets a deadline for claims against the estate.
- An estate inventory filed with the court.
- A personal representative deed for any house the estate sells or transfers.
- A signed release and receipt from each beneficiary when the estate is paid out.
Documents That Pass Property Outside Probate
- An affidavit of death to take the name of the person who passed away off a joint deed, a transfer on death deed or a trust property title.
- An affidavit of domicile and a medallion signature guarantee to move stocks and bonds.
- Each company’s beneficiary claim form for life insurance and retirement accounts.
The Memorial Merits probate documents guide explains each one, and the probate guide covers the full process from the first week to the final distribution. To see what court and lawyer fees add up to in your state, use the probate cost calculator.
Do You Need a Lawyer for Probate?
Most states let a family handle a small estate affidavit and many full probate cases without a lawyer. Two states limit that. Florida’s Probate Rule 5.030(a) requires the personal representative to have a lawyer unless that person is the only one inheriting. In Texas, a non-lawyer may act only for themselves, and because a probate filer usually acts for the estate and the other heirs, Texas courts generally expect a lawyer; Travis County’s probate courts treat a non-lawyer preparing estate court papers for others as the unauthorized practice of law.
A lawyer is worth the cost when heirs disagree, when the estate owes more than it owns, or when there is real estate in more than one state. For questions short of hiring a lawyer for the whole case, a prepaid legal plan covers phone consultations; the Memorial Merits LegalShield review explains what that covers for an estate that is already open. The guide to whether an executor needs a probate lawyer covers the rest of the states.
Probate Questions and Answers
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Sources for This Page
- California Probate Code section 13100 and Judicial Council form DE-300 (small estate affidavit, $208,850 limit)
- California Probate Code section 8200 (delivering the original will within 30 days)
- Texas Estates Code section 205.001 (small estate affidavit)
- Texas Estates Code section 256.003 (four-year period for probating a will)
- Florida Statutes section 735.201 (summary administration)
- Florida Probate Rule 5.030 (attorney requirement)
- Virginia Code section 64.2-601 and form CC-1685 (small estate affidavit)
- Minnesota Statutes section 524.3-1201 (affidavit for collection of personal property)
- Pennsylvania Consolidated Statutes, Title 20, section 3102 (settlement of small estates)
- Wisconsin Statutes section 867.03 (transfer by affidavit)
- District of Columbia Code section 20-361 (small asset transfer by affidavit)
- Internal Revenue Service, Publication 559, Survivors, Executors, and Administrators
The statute for every other state is cited row by row in the small estate limits table above. All sources were read on September 25, 2026.
