State-by-State Guide: Probate, Death Certificates, and Estate Tax
When someone dies, the rules that apply depend almost entirely on where they lived. Probate thresholds, death certificate costs, estate taxes, and inheritance laws vary dramatically from state to state. Find your state below for specific guidance.
CT, DC, HI, IL, ME, MD, MA, MN, NY, OR, RI, VT, WA
IA, KY, MD, NE, NJ, PA
AZ, CA, ID, LA, NV, NM, TX, WA, WI
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State Comparison Table
A quick comparison of key differences across all states. Click any state name to see the full guide.
| State | Small Estate Threshold | Death Cert Cost | Estate Tax | Inheritance Tax | Community Property | Probate Court |
|---|---|---|---|---|---|---|
| Alabama | $25,000 | $15 | No | No | No | Probate Court |
| Alaska | $100,000 | $30 | No | No | No | Superior Court (Probate) |
| Arizona | $75,000 | $20 | No | No | Yes | Superior Court (Probate Division) |
| Arkansas | $100,000 | $12 | No | No | No | Circuit Court (Probate Division) |
| California | $184,500 | $25 | No | No | Yes | Superior Court (Probate Division) |
| Colorado | $74,000 | $20 | No | No | No | District Court (Probate) |
| Connecticut | $40,000 | $20 | Yes | No | No | Probate Court |
| Delaware | $30,000 | $25 | No | No | No | Register of Wills (Court of Chancery for disputes) |
| District of Columbia | $40,000 | $18 | Yes | No | No | Superior Court (Probate Division) |
| Florida | $75,000 | $9 | No | No | No | Circuit Court (Probate Division) |
| Georgia | $10,000 | $25 | No | No | No | Probate Court |
| Hawaii | $100,000 | $12 | Yes | No | No | Circuit Court (Probate Division) |
| Idaho | $100,000 | $16 | No | No | Yes | Magistrate Division (District Court) |
| Illinois | $100,000 | $19 | Yes | No | No | Circuit Court (Probate Division) |
| Indiana | $50,000 | $10 | No | No | No | Superior Court or Circuit Court (Probate) |
| Iowa | $25,000 | $20 | No | Yes | No | District Court (Probate) |
| Kansas | $40,000 | $15 | No | No | No | District Court (Probate) |
| Kentucky | $15,000 | $10 | No | Yes | No | District Court (Probate) |
| Louisiana | $75,000 | $15 | No | No | Yes | District Court (Succession) |
| Maine | $40,000 | $15 | Yes | No | No | Probate Court |
| Maryland | $50,000 | $12 | Yes | Yes | No | Orphans' Court (Register of Wills) |
| Massachusetts | $25,000 | $20 | Yes | No | No | Probate and Family Court |
| Michigan | $25,000 | $15 | No | No | No | Probate Court |
| Minnesota | $75,000 | $13 | Yes | No | No | District Court (Probate Division) |
| Mississippi | $50,000 | $15 | No | No | No | Chancery Court |
| Missouri | $40,000 | $14 | No | No | No | Circuit Court (Probate Division) |
| Montana | $50,000 | $15 | No | No | No | District Court |
| Nebraska | $50,000 | $16 | No | Yes | No | County Court |
| Nevada | $25,000 | $25 | No | No | Yes | District Court (Probate Division) |
| New Hampshire | $10,000 | $15 | No | No | No | Circuit Court (Probate Division) |
| New Jersey | $20,000 | $25 | No | Yes | No | Surrogate's Court (Superior Court for disputes) |
| New Mexico | $50,000 | $10 | No | No | Yes | District Court (Probate) or Probate Court (informal) |
| New York | $50,000 | $15 | Yes | No | No | Surrogate's Court |
| North Carolina | $20,000 | $24 | No | No | No | Clerk of Superior Court |
| North Dakota | $50,000 | $7 | No | No | No | District Court |
| Ohio | $35,000 | $22 | No | No | No | Probate Court |
| Oklahoma | $200,000 | $15 | No | No | No | District Court |
| Oregon | $75,000 | $20 | Yes | No | No | Circuit Court (Probate) |
| Pennsylvania | $50,000 | $20 | No | Yes | No | Register of Wills (Orphans' Court for disputes) |
| Rhode Island | $15,000 | $22 | Yes | No | No | Probate Court (Municipal) |
| South Carolina | $25,000 | $12 | No | No | No | Probate Court |
| South Dakota | $50,000 | $15 | No | No | No | Circuit Court |
| Tennessee | $50,000 | $15 | No | No | No | Chancery Court or Probate Court (depending on county) |
| Texas | $75,000 | $20 | No | No | Yes | County Court or Statutory Probate Court |
| Utah | $100,000 | $22 | No | No | No | District Court |
| Vermont | $10,000 | $10 | Yes | No | No | Probate Court |
| Virginia | $50,000 | $12 | No | No | No | Circuit Court (Clerk handles probate) |
| Washington | $100,000 | $25 | Yes | No | Yes | Superior Court (Probate) |
| West Virginia | $50,000 | $12 | No | No | No | County Commission (Fiduciary Supervisor) |
| Wisconsin | $50,000 | $20 | No | No | Yes | Circuit Court (Probate) |
| Wyoming | $200,000 | $13 | No | No | No | District Court |
Frequently Asked Questions
How does probate work differently by state?
Every state sets its own probate rules, including the threshold for small estates that can skip formal probate. Small estate thresholds range from $10,000 in states like New Jersey to $275,000 in California. Some states follow the Uniform Probate Code, which simplifies the process, while others have entirely unique systems.
How many death certificates should I order?
Most families need 10 to 15 certified copies. Banks, insurance companies, the Social Security Administration, the DMV, and other institutions typically require original certified copies (not photocopies). It is cheaper and easier to order extras upfront than to request more later.
Which states have an estate tax or inheritance tax?
Twelve states and the District of Columbia have a state estate tax. Six states have an inheritance tax (Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania). Maryland is the only state with both. State estate tax exemptions are often much lower than the federal exemption of $13.61 million.
What are community property states?
Nine states use community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, most assets acquired during marriage are owned equally by both spouses, which affects how the estate is divided after death.
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