Probate by state determines how a deceased person’s estate is settled, how long it takes, and whether your family can skip the full court process with a small-estate shortcut. Every state requires some form of probate to validate a will, pay debts, and transfer property — but the court that handles it, the typical timeline, and the dollar limits for simplified probate all change depending on where you live. This plain-English guide compares probate by state for all 50 states, with a link to each state’s full probate guide.
Click any state below to read its full probate guide, with the exact small-estate dollar limit, court details, and step-by-step process for that state.
Quick Facts — U.S. Probate by State (2026)
- All 50 states have a legal probate process to validate a will, pay debts, and transfer property to heirs
- Every state offers some form of small-estate shortcut — a simplified process or affidavit that skips full probate when the estate is under a dollar limit
- The court that handles probate varies: many states use a Probate Court, while others route it through a Surrogate’s, Circuit, Superior, Chancery, or Orphans’ Court
- A typical uncontested probate runs 6 to 12 months; larger or contested estates in states like California and New York can take 18 months or more
- Small-estate dollar limits range widely — from a few thousand dollars to over $180,000 — so checking your state’s exact figure matters
- Assets in a living trust, or with payable-on-death or joint-ownership designations, usually skip probate entirely
Probate by State — All 50 States Compared
The table below shows the core of probate by state for all 50 states. Here is what each column means:
Small-Estate Shortcut = whether the state offers a simplified probate process or affidavit that lets smaller estates skip full probate. Every state offers one, but the dollar limit varies widely.
Probate Court = the court that handles probate in that state. The name differs from state to state, which is why knowing your state’s term saves confusion.
Typical Timeline = how long an uncontested probate usually takes from start to finish. Contested or complex estates take longer.
| State | Small-Estate Shortcut | Probate Court | Typical Timeline |
|---|---|---|---|
| Alabama | Yes | Probate Court | 6–12 months |
| Alaska | Yes | Superior Court | 4–12 months |
| Arizona | Yes | Superior Court | 5–12 months |
| Arkansas | Yes | Circuit Court | 6–12 months |
| California | Yes | Superior Court | 9–18 months |
| Colorado | Yes | District (or Denver Probate) Court | 6–12 months |
| Connecticut | Yes | Probate Court | 6–12 months |
| Delaware | Yes | Court of Chancery (Register of Wills) | 6–12 months |
| Florida | Yes | Circuit Court | 6–12 months |
| Georgia | Yes | Probate Court | 6–12 months |
| Hawaii | Yes | Circuit Court | 6–12 months |
| Idaho | Yes | District (Magistrate) Court | 4–12 months |
| Illinois | Yes | Circuit Court | 6–12 months |
| Indiana | Yes | Circuit or Superior Court | 6–12 months |
| Iowa | Yes | District Court | 6–18 months |
| Kansas | Yes | District Court | 6–12 months |
| Kentucky | Yes | District Court | 6–12 months |
| Louisiana | Yes | District Court | 6–12 months |
| Maine | Yes | Probate Court | 6–12 months |
| Maryland | Yes | Orphans’ Court (Register of Wills) | 6–12 months |
| Massachusetts | Yes | Probate and Family Court | 6–18 months |
| Michigan | Yes | Probate Court | 5–12 months |
| Minnesota | Yes | District Court | 6–18 months |
| Mississippi | Yes | Chancery Court | 6–12 months |
| Missouri | Yes | Circuit (Probate) Court | 6–12 months |
| Montana | Yes | District Court | 6–12 months |
| Nebraska | Yes | County Court | 6–12 months |
| Nevada | Yes | District Court | 6–12 months |
| New Hampshire | Yes | Circuit Court (Probate Division) | 6–12 months |
| New Jersey | Yes | Surrogate’s Court | 6–12 months |
| New Mexico | Yes | District or Probate Court | 4–12 months |
| New York | Yes | Surrogate’s Court | 9–18 months |
| North Carolina | Yes | Superior Court (Clerk) | 6–12 months |
| North Dakota | Yes | District Court | 6–12 months |
| Ohio | Yes | Probate Court | 6–12 months |
| Oklahoma | Yes | District Court | 6–12 months |
| Oregon | Yes | Circuit Court | 6–12 months |
| Pennsylvania | Yes | Orphans’ Court (Register of Wills) | 6–12 months |
| Rhode Island | Yes | Probate Court | 6–12 months |
| South Carolina | Yes | Probate Court | 8–12 months |
| South Dakota | Yes | Circuit Court | 6–12 months |
| Tennessee | Yes | Chancery or Probate Court | 6–12 months |
| Texas | Yes | Probate, County, or Statutory Court | 6–12 months |
| Utah | Yes | District Court | 4–12 months |
| Vermont | Yes | Probate Division (Superior Court) | 6–12 months |
| Virginia | Yes | Circuit Court (Clerk) | 6–12 months |
| Washington | Yes | Superior Court | 6–12 months |
| West Virginia | Yes | County Commission (Clerk) | 6–12 months |
| Wisconsin | Yes | Circuit Court | 6–12 months |
| Wyoming | Yes | District Court | 6–12 months |
Timelines reflect a typical uncontested probate after the will is filed; contested estates, creditor disputes, or tax issues can extend the process. Small-estate shortcuts come with strict dollar limits and waiting periods. Always confirm the current figure in your state guide below.
Probate by State — What Probate Actually Does
The foundation of probate by state is the same everywhere: probate is the court-supervised process of proving a will is valid, identifying and valuing the estate’s assets, paying the deceased’s debts and taxes, and transferring what is left to the rightful heirs. Even when there is no will, the court still oversees this process under the state’s intestacy rules. The goal is to make sure debts are settled and the right people inherit, with a clear legal record.
What changes from state to state is the machinery: which court has authority, how much paperwork is required, how long creditors have to make claims, and how much a small estate can be worth before it qualifies for a faster track. Not everything a person owns goes through probate, either. Assets held in a living trust, life insurance with a named beneficiary, retirement accounts, and jointly owned property with survivorship rights typically pass directly to the new owner outside of probate.
Probate by State — The Small-Estate Shortcut
The single most useful thing to know about probate by state is that every state offers a way to avoid the full, lengthy process when the estate is small. This is usually called a small-estate affidavit or summary administration. Instead of months of formal court supervision, an heir can often collect the assets by signing a sworn form once a short waiting period has passed.
The catch is the dollar limit, which varies enormously. Some states set the cap low, around a few thousand dollars, while others allow estates well over $100,000 to use the simplified route. The figure also depends on what counts toward the limit — some states exclude the home or certain accounts. Because the exact threshold and the waiting period differ in every state, your state guide spells out the precise number and the form you need.
Probate by State — How Long It Takes and What It Costs
Under probate by state rules, a straightforward, uncontested estate usually takes 6 to 12 months from start to finish. A big part of that time is the mandatory creditor-claim period — a window, often three to six months, during which anyone owed money by the estate can file a claim. The court will not allow final distribution to heirs until that window closes and debts are addressed.
Costs typically include court filing fees, publication fees, and, for larger estates, attorney and executor fees. A handful of states still allow attorney fees calculated as a percentage of the estate’s value, which can be significant. Contested wills, hard-to-value assets, or estates with property in more than one state all add time and expense. Your state guide breaks down the specific fees and timeline where you live.
Probate by State — How to Avoid Probate
Many families want to spare their heirs the probate process entirely, and probate by state law gives several tools to do it. The most complete is a revocable living trust: assets you move into the trust pass to your beneficiaries without any court involvement. Beyond that, payable-on-death designations on bank accounts, transfer-on-death deeds for real estate (where allowed), and joint ownership with right of survivorship all let specific assets skip probate.
None of these tools is one-size-fits-all, and a poorly set-up trust or an outdated beneficiary form can cause more problems than it solves. The right mix depends on what you own and the rules in your state. Before relying on any probate-avoidance strategy, read your state guide and, for a larger estate, talk to a licensed attorney.
Find Your State Probate Guide
Ready to look up probate by state for your specific state? Click any state name in the table above for its complete guide, or browse the full collection below.
Browse All 50 State Probate Guides →
Official Sources
- IRS — Estate Tax: irs.gov — federal estate-tax rules that can affect probate
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English definitions of probate terms
- State probate courts & statutes: each state’s probate code and court self-help portal, linked inside the individual state guides
- Legal Services Corporation: lsc.gov — find free local legal aid for probate questions
Probate by state data compiled from official state probate codes, state court self-help portals, and established legal-reference sources. Court names, timelines, and small-estate thresholds change as legislatures amend the law. Click any state above for its verified guide with current figures. Last reviewed June 2026.
Informational only — not legal or tax advice. This page is for general informational purposes only and does not create an attorney-client relationship. Probate, estate, and tax laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney or your local probate court’s self-help center.