State small estate affidavit and simplified probate thresholds
Dollar thresholds below which heirs can use a small estate affidavit or simplified probate procedure to transfer a decedent's property without full probate, for each US state and DC. Each record is one jurisdiction, giving the personal property threshold for the affidavit procedure, any separate real property threshold, waiting period, whether a will is required to be absent, inflation adjustment schedule, and statute citation. Answers 'what is the small estate limit in [state]' and 'can I avoid probate for a $X estate in [state]'. Thresholds range from $5,000 (some states) to $208,850 (California, inflation-adjusted triennially). Several states adjust periodically; most do not. No existing compilation cites the underlying statutes, making verification impossible.
The data
| State | Personal property threshold | Real property threshold | Waiting period (days) | Will restriction | Inflation adjustment | Exclusions | Statute citation |
|---|---|---|---|---|---|---|---|
| California | $166,250 | included | 40 | with or without will | adjusted periodically in accordance with Section 890 | property described in Section 13050 and any property included in a petition filed under Section 13151 | Cal. Prob. Code § 13100 |
| Illinois | $150,000 | N/A | not stated | with or without will | none | motor vehicles registered with the Secretary of State | 755 ILCS 5/25-1 |
| Texas | $75,000 | N/A | not stated | intestate only | none | homestead property, exempt property, and other non-probate property | Tex. Est. Code Chapter 205 |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 3 sources this dataset was assembled from.
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=13100
- ilga.govhttps://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Probate+Act+of+1975.&ActID=2104&ChapterID=60&ChapAct=755+ILCS+5/&SeqStart=35500000&SeqEnd=36000000
- texaslawhelp.orghttps://texaslawhelp.org/article/small-estate-affidavits
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.