When they die

Probate: The Court-Supervised Track

Petitioning the court, Letters Testamentary, estate EIN, notifying creditors, inventorying assets, tax returns, and final distribution.

Do this first

Check if the total value of personal probate assets is below your state's Small Estate Threshold. If it is, you can skip full probate using a simple Small Estate Affidavit.

Small estates: this differs by state

Choose your loved one's state to see the rule there.

See this rule for all states

Small estates by state
State	Small estates
Alabama	Estates of personal property only (no real estate) worth up to the Small Estates Act limit (about $47,000 for claims on or after April 1, 2024; adjusted for inflation) can be handled by a petition for summary distribution to the probate judge. (Source: Mobile County Probate Court: Revised Alabama Small Estates Act, checked September 28, 2026.)
Alaska	If there is no real estate, heirs can collect personal property by affidavit 30 days after death when personal property is $50,000 or less (plus vehicles up to $100,000). (Source: Alaska Statutes 13.16.680, checked September 28, 2026.)
Arizona	Personal property worth $200,000 or less can be collected by affidavit 30 days after death. Real estate with equity of $300,000 or less can use a separate affidavit six months after death (limits in effect since September 26, 2025). (Source: Arizona Revised Statutes 14-3971, checked September 28, 2026.)
Arkansas	If everything the person owned (less debts secured by it, not counting the homestead) is worth $100,000 or less, heirs can use a small estate affidavit 45 days after death. It can include real estate. (Source: Arkansas Code 28-41-101, checked September 28, 2026.)
California	For deaths on or after April 1, 2025, personal property worth $208,850 or less can be collected by affidavit 40 days after death. Real estate up to $69,625 has a separate affidavit. (Source: California Courts Self-Help: When formal probate may not be needed, checked September 28, 2026.)
Colorado	For a death in 2026, personal property worth $88,000 or less can be collected with an affidavit (form JDF 999) 10 days after death. It cannot transfer real estate. The limit changes each year. (Source: Colorado Judicial Branch: Collection of personal property by affidavit, checked September 28, 2026.)
Connecticut	If the person owned no real estate alone and personal property is $40,000 or less, the estate can be settled with an affidavit (form PC-212) filed with the Probate Court. (Source: Connecticut Probate Courts: Form PC-212, checked September 28, 2026.)
Delaware	If personal property (not counting jointly owned property) is $50,000 or less, close family can collect it with an affidavit from the Register of Wills 30 days after death. (Source: Delaware Code Title 12 § 2306, checked September 28, 2026.)
District of Columbia	Estates worth $40,000 or less can be opened as a small estate in the Probate Division, which usually finishes within about 120 days. (Source: DC Courts: Small estates, checked September 28, 2026.)
Florida	Summary administration (a shorter court process) is available if the estate, not counting property protected from creditors, is $75,000 or less, or if the person died more than two years ago. (Source: Florida Statutes Chapter 735, checked September 28, 2026.)
Georgia	Georgia has no dollar-limit affidavit. If there are no unpaid debts (or creditors agree) and the heirs agree how to divide the estate, the probate court can declare that no administration is necessary. A surviving spouse or minor children can also petition for Year's Support. (Source: Georgia Probate Courts: Petition for Order Declaring No Administration Necessary, checked September 28, 2026.)
Hawaii	If the estate in Hawaii is worth $100,000 or less, personal property can be collected by affidavit. (Source: Hawaii Revised Statutes 560:3-1201, checked September 28, 2026.)
Idaho	Personal property can be collected by affidavit 30 days after death when the probate estate, less debts secured by it, is $100,000 or less. It cannot transfer real estate. (Source: Idaho Code 15-3-1201, checked September 28, 2026.)
Illinois	Personal property worth $150,000 or less (vehicles do not count toward the limit) can be transferred with a small estate affidavit. It cannot transfer real estate. (Source: 755 ILCS 5/25-1, checked September 28, 2026.)
Indiana	For deaths after June 30, 2022, a notarized small estate affidavit can be used 45 days after death if the probate estate is $100,000 or less. (Source: Indiana Code 29-1-8-1 (State Form 54794), checked September 28, 2026.)
Iowa	If there is no real estate and personal property is $50,000 or less, heirs can collect it by affidavit 40 days after death. (Source: Iowa Code 633.356, checked September 28, 2026.)
Kansas	If the probate estate is $75,000 or less, personal property can be transferred with a small estates affidavit. (Source: Kansas Judicial Council: Small estates affidavit (K.S.A. 59-1507b), checked September 28, 2026.)
Kentucky	If the probate estate is $30,000 or less, a surviving spouse (or the children, if there is no spouse) can ask the District Court to dispense with administration. (Source: KRS 395.455, checked September 28, 2026.)
Louisiana	A small succession (gross value $200,000 or less since August 1, 2024) can often be handled with an affidavit signed by all the heirs, without opening a court case. (Source: Louisiana Code of Civil Procedure art. 3421, checked September 28, 2026.)
Maine	Personal property can be collected by affidavit 30 days after death if the estate is $40,000 or less, adjusted each year for inflation. (Source: Maine Revised Statutes Title 18-C § 3-1201, checked September 28, 2026.)
Maryland	Estates worth $50,000 or less ($100,000 if the spouse is the only heir) are opened as small estates with the Register of Wills. (Source: Maryland Register of Wills: Small estates, checked September 28, 2026.)
Massachusetts	Voluntary administration is available 30 days after death if there is no real estate and personal property (not counting one car) is $25,000 or less. (Source: Mass.gov: Types of probate for an estate, checked September 28, 2026.)
Michigan	For a death in 2026, if there is no real estate and the estate is $53,000 or less, heirs can use a small estate affidavit (form PC 598) 28 days after death. The limit changes each year. (Source: Michigan Legal Help: Overview of Michigan's small estate processes, checked September 28, 2026.)
Minnesota	Personal property can be collected by affidavit 30 days after death if the probate estate is $75,000 or less. The affidavit is not filed with the court. (Source: Minnesota Statutes 524.3-1201, checked September 28, 2026.)
Mississippi	Personal property can be collected with a successor's affidavit 30 days after death if the probate estate is $75,000 or less. (Source: Mississippi Code 91-7-322, checked September 28, 2026.)
Missouri	If the estate (less debts and liens) is $40,000 or less, an affidavit can be filed with the probate division 30 days after death. A bond is usually required. (Source: RSMo 473.097, checked September 28, 2026.)
Montana	Personal property can be collected by affidavit 30 days after death if the probate estate, less liens, is $100,000 or less. (Source: Montana Code 72-3-1101, checked September 28, 2026.)
Nebraska	Personal property can be collected by affidavit 30 days after death if it is worth $100,000 or less. (Source: Nebraska Revised Statutes 30-24,125, checked September 28, 2026.)
Nevada	If there is no real estate, an Affidavit of Entitlement can be used 40 days after death: up to $25,000 for most heirs (not counting vehicles), or up to $150,000 for a surviving spouse. (Source: Nevada Courts Self-Help Center: Affidavit of Entitlement, checked September 28, 2026.)
New Hampshire	New Hampshire has no dollar-limit affidavit. A simpler court process called Waiver of Administration may be available, with no inventory, accounting or bond required. (Source: New Hampshire RSA 553:32, checked September 28, 2026.)
New Jersey	Only when there is no will: a surviving spouse or partner can take an estate of up to $50,000 by affidavit before the county Surrogate. With no spouse, one heir (with the others' written consent) can do so for up to $20,000. (Source: Mercer County Surrogate: Affidavits of surviving spouse or next of kin, checked September 28, 2026.)
New Mexico	If there is no real estate and the estate is under $50,000, an Affidavit of Successor in Interest can be used 30 days after death. (Source: New Mexico Courts: Probate self-representation, checked September 28, 2026.)
New York	If personal property is $50,000 or less, the estate can be handled as a Voluntary Administration in Surrogate's Court. (Source: NY Courts: Small estate — when a person dies with less than $50,000, checked September 28, 2026.)
North Carolina	Personal property of $20,000 or less ($30,000 if the spouse is the only heir) can be collected by affidavit filed with the Clerk of Superior Court 30 days after death. (Source: N.C. General Statutes 28A-25-1, checked September 28, 2026.)
North Dakota	If there is no real estate and the probate estate is under $100,000, personal property can be collected by affidavit 30 days after death. (Source: North Dakota Courts: Affidavit for collection of personal property, checked September 28, 2026.)
Ohio	The probate court can release an estate from administration if assets are $35,000 or less, or $100,000 or less when the surviving spouse receives everything. (Source: Ohio Revised Code 2113.03, checked September 28, 2026.)
Oklahoma	Property in Oklahoma worth $50,000 or less (less liens) can be collected by affidavit 10 days after death, once debts and taxes are paid. (Source: Oklahoma Statutes Title 58 § 393, checked September 28, 2026.)
Oregon	A Simple Estate Affidavit can be filed with the circuit court 30 days after death if the estate is under $275,000, with no more than $75,000 in personal property and $200,000 in real estate. (Source: Oregon Judicial Department: Simple Estate Affidavit instructions (June 2026), checked September 28, 2026.)
Pennsylvania	If the estate (not counting real estate) is $50,000 or less, anyone interested can petition the Orphans' Court to distribute it without full administration. (Source: 20 Pa.C.S. § 3102, checked September 28, 2026.)
Rhode Island	If the estate is only personal property worth $15,000 or less, a close relative can file a statement with the local probate court 30 days after death. (Source: R.I. General Laws 33-24-1, checked September 28, 2026.)
South Carolina	If there is no real estate and the probate estate is $45,000 or less, personal property can be collected by affidavit filed with the probate court 30 days after death. (Source: South Carolina Act 26 of 2025 (Bill 3472), amending S.C. Code 62-3-1201, checked September 28, 2026.)
South Dakota	Personal property can be collected by affidavit 30 days after death if the estate, less liens, is $100,000 or less. (Source: SDCL 29A-3-1201, checked September 28, 2026.)
Tennessee	If there is no real estate and personal property is $50,000 or less, an heir can petition for small estate administration 45 days after death. (Source: Tennessee Courts: Small estates, checked September 28, 2026.)
Texas	If there is no will and the estate is $75,000 or less (not counting the homestead and exempt property), heirs can file a small estate affidavit for the court's approval. (Source: Texas Law Help: Small estate affidavits, checked September 28, 2026.)
Utah	Personal property can be collected by affidavit 30 days after death if the estate, less liens, is $100,000 or less. It cannot transfer real estate. (Source: Utah Courts: Small estate affidavit, checked September 28, 2026.)
Vermont	An estate of only personal property worth $45,000 or less can be opened as a small estate in the Probate Division. (Source: 14 V.S.A. § 1902, checked September 28, 2026.)
Virginia	If the personal probate estate is $75,000 or less, the heirs can use a small estate affidavit (form CC-1685) 60 days after death. (Source: Code of Virginia § 64.2-601, checked September 28, 2026.)
Washington	A notarized small estate affidavit can be used 40 days after death if the probate estate is $100,000 or less and debts are paid. A copy goes to the state's Office of Financial Recovery. (Source: RCW 11.62.010, checked September 28, 2026.)
West Virginia	A small estate (personal property up to $50,000 and West Virginia real estate up to $100,000) can be handled by affidavit through the county commission clerk. (Source: W. Va. Code Chapter 44, Article 1A, checked September 28, 2026.)
Wisconsin	If the property in Wisconsin is worth $50,000 or less, an heir can collect it with a Transfer by Affidavit (form PR-1831). (Source: Wisconsin Statutes 867.03, checked September 28, 2026.)
Wyoming	Estates worth $400,000 or less (after 2025 changes) can use an affidavit 30 days after death; real estate needs a court filing. (Source: Wyoming Judicial Branch: Small estates and summary distribution, checked September 28, 2026.)

What happens in formal probate?

Probate is the legal court procedure that verifies the authenticity of a will, appoints an executor, gives creditors a deadline to file claims, and authorizes distribution to heirs.

Filing the Petition: You file the original will and death certificate with the probate court clerk in the county where the person lived.
Letters Testamentary: The judge signs Letters Testamentary (Letters of Administration if there was no will). This paper is the golden ticket giving the executor legal power over bank accounts.
Creditor Notice Window: In most states, the executor must publish a notice in a local legal newspaper. Creditors have 3 to 6 months to submit formal claims.
Inventory and Appraisal: You list every asset owned solely by the deceased and file it with the court clerk.
Paying Debts in Legal Priority: Funeral expenses, administrative costs, and taxes take priority over unsecured credit cards. If the estate is insolvent, credit card companies receive pennies on the dollar or nothing.
Final Accounting and Distribution: Once all debts and taxes are resolved, the court approves distribution of the remaining funds to heirs.

Sources

Uniform Probate Code
American Bar Association

Last reviewed: September 28, 2026