One of the basic reasons to create a revocable living trust is to avoid probate. However, many people often find themselves the administrator of an estate that needs to go through the probate process. Probate laws are governed by each state and each state’s probate exemption law is different. (One of the major reasons to avoid probate in every state where you may have property.) Usually what is permitted is determined by accepted custom and practice in the local legal community. The checklist does not define how individual state law calculates the dollar limits for exemptions, transfers by wills, i.e., whether the limit applies to your gross estate (the market value of everything you own with no deductions for debts), net estate (market value less debts and encumbrances), or net probate estate (net value of property left by will). The checklist summarizes each state’s law and provides three categories of information for each state.



This category tells you whether the state has a law allowing any property left by a will to be transferred by affidavit, free of al probate. If there is a “no” in this category, then the state does not have this kind of law. “Free of normal probate” means that no actual court proceeding, notice of hearing, hearings before a judge, formal pleadings, etc. are required. Some states still require a relatively simple affidavit to be filed with a court or court clerk. Other states don’t require any judicial filing at all.

If there is a dollar figure in this category, it means the state has a law allowing property up to the dollar figure listed to be transferred by this method. Any restrictions on the type of property than can be transferred are listed. Some states allow only personal property and not real estate to be transferred. Real estate is usually so valuable that it is unlikely that an interest in real estate would fall below the dollar limit, unless the ownership in the property is a very small percentage of the whole. Any restrictions on who the beneficiaries can be are also listed. The checklist does not set forth the precise information which must be in an affidavit, if one is required. Search your state’s law to determine this.



This category provides the same kind of information as given in category 1 for those states which do require probate, but offer a simplified or truncated version. Again, these procedures vary widely from state to state. Under a summary probate, the executor files an application to probate the will exactly as in traditional probate. A hearing is then held to “prove” the will. If the will is proved valid, and it’s shown that the estate has no outstanding debts or other problems the court orders summary probate dispensing with many of the tedious steps or normal probate. Since the will has been proved in court, title to the property transferred in this way isn’t open to challenge. This avoids a problem that sometimes occurs with the small estate affidavit.



This category lists the legal citation for each state’s probate exemption statute. If the state has two statutes, one for an affidavit procedure and another for a simplified probate, both citations are given. In such cases, the first citation given is to the Affidavit Procedure statute. The citations are to the first section of the relevant statute. The + symbol after the statutory cite means that other pertinent sections follow the first section that is noted.

ALABAMA

Affidavit Instead of Probate

Summary Probate

Statutes

No

$3,000 personal property only

Code of Alabama, Title 43, Ch. 2, Section 690 +

ALASKA

Affidavit Instead of Probate

Summary Probate

Statutes

No

No dollar limit

Alaska Statutes Title 13, Ch. 6, Section 13.16.08

ARIZONA

Affidavit Instead of Probate

Summary Probate

Statutes

$50,000

No, (except for certain types of family property)

Arizona Revised Statute, Sections 14-3971+; 14-1973+

ARKANSAS

Affidavit Instead of Probate

Summary Probate

Statutes

$25,000

No

Arkansas Statutes Annotated, Sections G2.2127+

CALIFORNIA

Affidavit Instead of Probate

Summary Probate

Statutes

$100,000 personal property and real property interest, $20,000

To surviving spouse, community property petition, no dollar limit

California Probate Code, Sections 13.200+, 13.500+

COLORADO

Affidavit Instead of Probate

Summary Probate

Statutes

Net Estate $20,000

No (except for certain types of exempt family property, etc.)

Colorado Revised Statute Sections 13-12-1201+

CONNECTICUT

Affidavit Instead of Probate

Summary Probate

Statutes

Net Estate $20,000

No (except for certain types of exempt family property, etc.)

Connecticut General Statutes Annotated title 45, Sections 266+

DELAWARE

Affidavit Instead of Probate

Summary Probate

Statutes

$12,500 personal property only: Beneficiaries can only be spouse, grandparents, children or other specified relatives

No

Delaware Code Annotated Title 12, Sections 2306+

DISTRICT OF COLUMBIA

Affidavit Instead of Probate

Summary Probate

Statutes

No (except if entire estate is more than two cars, and all debts and taxes are paid)

No

District of Columbia Code Title 20. Section 2101+

FLORIDA

Affidavit Instead of Probate

Summary Probate

Statutes

No (except for very small estates with less than specified exceptions)

$25,000 property in Florida subject to probate: $60,000 for estate left primarily to family members

Florida Statutes Annotated Sections 735.301+; 735.201+ 735.103+

GEORGIA

Affidavit Instead of Probate

Summary Probate

Statutes

No

No

No applicable statute

HAWAII

Affidavit Instead of Probate

Summary Probate

Statutes

$100,000

$20,000 property in Hawaii

Hawaii Revised Statutes, Sections 560: 3-1205+; 560: 3-1213

IDAHO

Affidavit Instead of Probate

Summary Probate

Statutes

No

No dollar limit

Idaho Code Sections 15-3-301+

ILLINOIS

Affidavit Instead of Probate

Summary Probate

Statutes

$25,000 personal property. Also if all beneficiaries agree, and are Illinois residents, and no state inheritance or federal estate taxes are due

$50,000

Illinois Annotated Statutes, CH. 110 ˝ Sections 9-8+, 6-8+, 25-1+

INDIANA

Affidavit Instead of Probate

Summary Probate

Statutes

$8,500 personal property

No dollar limit

Indiana Statutes Annotated Sections 29-1-8+; 29-1-7.5-5+

IOWA

Affidavit Instead of Probate

Summary Probate

Statutes

No

$15,000 total value of probate and non-probate Iowa property; only surviving spouse, minor children, parents

Iowa Code Annotated; section 635+

KANSAS

Affidavit Instead of Probate

Summary Probate

Statutes

No

No dollar limit

Kansas Statutes Annotated, Sections 59-3201+; 3301+

KENTUCKY

Affidavit Instead of Probate

Summary Probate

Statutes

No

By agreement of all beneficiaries when spouse receives probate estate under $7,500

Kentucky Revised Statutes, Sections 391.030+, 395,450+

LOUISIANA

Affidavit Instead of Probate

Summary Probate

Statutes

No

No (except Louisiana residents who die intestate with estate worth less than $50,000)

No applicable statute

MAINE

Affidavit Instead of Probate

Summary Probate

Statutes

No

No dollar limit

Maine Revised Statutes Annotated, Title 18A, Sections 1-101

MARYLAND

Affidavit Instead of Probate

Summary Probate

Statutes

No (except if entire estate is no more than two cars or a boat worth less than $5,000)

$20,000

Annotated Code of Maryland, Section 5-601+

MASSACHUSETTS

Affidavit Instead of Probate

Summary Probate

Statutes

No (except wages less than $100, or bank accounts of $2,000 to $3,000, depending on type)

$15,000 personal property

Mass. General Laws Annotated, Ch 195, Section 16+

MICHIGAN

Affidavit Instead of Probate

Summary Probate

Statutes

No

$5,000; (and car worth less than $10,000 given to surviving spouse, if no other property)

Michigan Compiled Laws Annotated, Sections 27.5101+ 257.236; and 9.1936

MINNESOTA

Affidavit Instead of Probate

Summary Probate

Statutes

No

$30,000

Minnesota Statutes Annotated, Section 525.51+

MISSISSIPPI

Affidavit Instead of Probate

Summary Probate

Statutes

No

$500

Mississippi Annotated Code, Sections 91-7-147

MISSOURI

Affidavit Instead of Probate

Summary Probate

Statutes