State-by-State

After-Death Laws by State

Find the rules that matter after a death in your state: probate, small estate shortcuts, wills, estate taxes, advance directives, and practical next steps.

Before You File

State rules matter, but most families need the same first decisions: whether probate is required, whether legal help is worth it, and which assets may transfer outside court.

Do I Need Probate?

Answer a few plain-English questions about assets, ownership, and beneficiaries before you start court forms.

Small Estate Limits by State

Compare affidavit thresholds before opening a full probate case or asking the court for formal authority.

How to Avoid Probate

Compare trusts, beneficiary designations, TOD tools, joint ownership, and small-estate shortcuts.

Probate Quick Guides — All 50 States

Use these probate quick guides when you only need court process, small-estate thresholds, creditor periods, and probate timing. Use the full state guides below when you need the broader after-death picture.

AlabamaThreshold: ~$47,000 (2026) AlaskaThreshold: $50,000 ArizonaThreshold: $200,000 ArkansasThreshold: $100,000 CaliforniaThreshold: $208,850 ColoradoThreshold: $88,000 ConnecticutThreshold: $40,000 DelawareThreshold: $50,000 FloridaThreshold: $150,000 GeorgiaNo general cap (see guide) HawaiiThreshold: $100,000 IdahoThreshold: $100,000 IllinoisThreshold: $150,000 IndianaThreshold: $100,000 IowaThreshold: $50,000 KansasThreshold: $75,000 KentuckyThreshold: $30,000 LouisianaThreshold: $200,000 MaineThreshold: $52,500 (2026) MarylandThreshold: $50,000 MassachusettsThreshold: $25,000 MichiganThreshold: $53,000 MinnesotaThreshold: $75,000 MississippiThreshold: $75,000 MissouriThreshold: $40,000 MontanaThreshold: $100,000 NebraskaThreshold: $100,000 NevadaAffidavit: $25,000 / $150,000 spouse New HampshireWaiver: no fixed cap New JerseyThreshold: $50,000 New MexicoThreshold: $50,000 New YorkThreshold: $50,000 North CarolinaThreshold: $20,000 North DakotaThreshold: $50,000 OhioThreshold: $35,000 OklahomaThreshold: $50,000 OregonThreshold: $275,000 PennsylvaniaThreshold: $50,000 Rhode IslandThreshold: $15,000 South CarolinaThreshold: $45,000 South DakotaThreshold: $100,000 TennesseeThreshold: $50,000 TexasThreshold: $75,000 UtahThreshold: $100,000 VermontThreshold: $45,000 VirginiaThreshold: $75,000 WashingtonThreshold: $100,000 West VirginiaThreshold: $50,000 WisconsinThreshold: $50,000 WyomingThreshold: $400,000

Featured Full State Guides

Full state-by-state guides covering probate plus the other rules families usually need most, for all 50 states. Use the probate quick guides above for court process and thresholds only.

Arizona

Probate, community property, small-estate shortcuts, wills, advance directives, and key Arizona transfer rules.

California

Probate, community property, Medi-Cal recovery, wills, directives, and common California-specific estate rules.

Florida

Summary administration, homestead, wills, directives, Medicaid recovery, and the estate rules families ask about most.

Illinois

Probate, small-estate affidavits, Illinois estate tax, wills, directives, and transfer-on-death planning tools.

New York

Probate, small-estate rules, estate taxes, wills, directives, and the key steps families face after a death.

New Jersey

Probate, inheritance tax, wills, directives, small-estate shortcuts, and practical estate questions families face first.

Ohio

Probate Court procedures, release from administration, spouse-specific shortcuts, directives, and transfer-on-death tools.

Pennsylvania

Inheritance tax, probate timing, wills, directives, and the Pennsylvania rules that change estate planning most.

Texas

Independent administration, community property, small-estate affidavits, Medicaid recovery, and key Texas estate rules.

Washington

Nonintervention probate, community property, estate tax, small-estate affidavits, wills, and Washington-specific transfer rules.

Georgia

Probate Court, Year's Support for surviving spouses, small-estate rules, wills, advance directives, and key Georgia estate rules.

Massachusetts

Probate, the $2 million state estate tax, voluntary administration, Health Care Proxy, and the rules families face most.

Michigan

Probate Court, small-estate affidavit, assignment of estate, Patient Advocate Designation, spousal rights, and vehicle transfer.

North Carolina

Clerk of Superior Court probate, small-estate affidavit, spousal elective share, advance directives, and vehicle transfer rules.

Tennessee

No state estate tax, $50,000 small-estate petition, Chancery Court probate, advance care plan, and Tennessee transfer rules.

Virginia

Circuit Court probate, $75,000 small-estate affidavit, TOD deeds, Virginia AMD, spousal elective share, and Medicaid recovery.

Colorado

UPC-based informal probate, $88,000 small-estate threshold, TOD deeds, Medical POA, spousal rights, and Medicaid recovery rules.

Indiana

No estate or inheritance tax, $100,000 small-estate affidavit, TOD deeds, health care representative, and expanded Medicaid recovery.

Maryland

Orphans' Court probate, state estate tax over $5M, 10% inheritance tax on non-exempt heirs, Maryland AMD, and Medicaid recovery.

Minnesota

UPC probate, $3 million state estate tax, $75,000 small-estate threshold, Health Care Directive, and expanded Medicaid recovery.

Missouri

Probate Court, $40,000 small estate affidavit covering real & personal property, DPAHC + Declaration, TOD deeds, and Medicaid recovery rules.

Wisconsin

Marital property state, $50,000 small-estate affidavit, survivorship marital property, POA for Health Care, and expanded Medicaid recovery.

Alabama

County Probate Court, ~$47,000 (2026) summary-distribution threshold, spousal elective share, advance directive, and Medicaid recovery rules.

Connecticut

Local town Probate Courts, unified estate and gift tax tied to the federal threshold, $40,000 small-estate threshold, and advance directive rules.

Kentucky

No estate tax but inheritance tax on non-close relatives (4–16%), $30,000 small-estate threshold, and Living Will Directive rules.

Louisiana

Civil law state — "succession" not probate, $200,000 threshold, community property, forced heirship for minor children, notarial wills.

Oklahoma

$50,000 small-estate affidavit, summary administration for spouses, TOD deeds, no estate tax, and SoonerCare Medicaid recovery.

Oregon

State estate tax starting at $1 million, $275,000 small-estate threshold (no real property), TOD deeds, no holographic wills.

Arkansas

$100,000 small-estate affidavit, Warning to Creditors publication, dower/curtesy spousal rights, no estate tax.

Iowa

No estate or inheritance tax (fully repealed 2025), $50,000 affidavit threshold, summary administration option, expanded Medicaid recovery.

Mississippi

Chancery Court probate, $75,000 small-estate threshold, holographic wills recognized, spousal right to renounce a will.

Nevada

Community property state, no estate tax, $25,000 affidavit ($150,000 for a surviving spouse), summary vs. general administration.

South Carolina

$45,000 small-estate affidavit, one-third spousal elective share of the probate estate, no estate tax, SC Advance Directive.

Utah

UPC informal probate, $100,000 small-estate threshold, Utah AHCD combined directive, no estate tax, TOD deeds recognized.

Kansas

UPC-influenced probate, $75,000 small-estate threshold, no estate tax, DPOA-HC plus Declaration advance directive, TOD deeds recognized.

Nebraska

County Court probate (unusual), $100,000 small-estate threshold, inheritance tax 1–15% depending on relationship (spouse exempt), no separate estate tax.

New Mexico

Community property state, UPC informal probate, $50,000 small-estate threshold, combined advance directive form, no estate tax.

West Virginia

County Commission clerk handles probate (not a court), $50,000 small-estate threshold, no estate tax, Medical POA plus Living Will directive.

Idaho

Community property state, UPC informal probate, $100,000 small-estate threshold, combined advance directive form, no estate tax.

New Hampshire

Circuit Court Probate Division, no fixed-dollar waiver of administration, no estate tax, DPOA-HC plus Living Will, TOD deeds recognized.

Maine

Maine Probate Court, $52,500 small-estate threshold (2026, inflation-adjusted), state estate tax above $7.16M, holographic wills valid, 4-month creditor period after published notice.

Montana

UPC informal administration, $100,000 affidavit threshold, no estate tax, holographic wills valid, MCA Title 72 statutes.

Rhode Island

39 municipal Probate Courts, $15,000 small-estate threshold, state estate tax above ~$1.7M, no holographic wills, Durable POA for health care.

Delaware

Register of Wills in each county, $50,000 small-estate affidavit, estate tax repealed 2018, DMOST orders, no holographic wills.

South Dakota

UPC state, $100,000 affidavit threshold, no estate or income tax, holographic wills valid, SDCL Title 29A statutes.

North Dakota

UPC informal administration, $50,000 affidavit threshold, no estate tax, holographic wills valid, ND Century Code Title 30.1.

Alaska

UPC state with opt-in community property (AS 34.77), $50,000 affidavit threshold, no state estate tax, holographic wills recognized.

Vermont

Small estate process under $45,000, Probate Division of Superior Court, state estate tax above $5M, no holographic wills, 14 V.S.A. statutes.

Wyoming

Highest small-estate threshold nationally at $400,000, no state estate or income tax, holographic wills valid, Wyo. Stat. Title 2.

Hawaii

UPC state, $100,000 affidavit threshold, state estate tax above $5.49M with portability, holographic wills valid, HRS Chapter 560.