States With the Highest Small Estate Limits (2026)

Updated August 12, 2026. Quick answer: Of the 28 jurisdictions whose small-estate statute we read at the official state source for this study, Wyoming sets the highest ceiling — $400,000, against $208,850 in California — and Rhode Island the lowest at $15,000, a spread of 27×. The more useful finding is underneath the ranking: the dollar figure alone does not tell you what you can actually pass. Exactly 1 of these 28 sections — Oregon’s — puts real property inside the route on its own terms. 20 say personal property in terms, and 7 set the cap on “the estate” without resolving whether a house is inside it. This table ranks the ceiling on each state’s small-estate route for a general heir, not the total value that can avoid probate.

The one-paragraph summary, free to quote

A Clear Money Guide study of state small-estate statutes, compiled 12 August 2026, finds that Wyoming sets the highest small-estate ceiling of the 28 jurisdictions whose statutes the authors read at the official state source: $400,000 under Wyo. Stat. § 2-1-201(a)(i), as amended by 2025 SF0104 (Enrolled Act 85). California is second at $208,850 and Arizona third at $200,000; the median of the 28 is $75,000 and Rhode Island is lowest at $15,000, a 27-fold spread across the states studied. The study’s second finding is that the headline number is not the operative test: of the 28 sections read, 20 apply to personal property in terms, 7 do not resolve whether real property is inside the cap, and only Oregon’s reaches real property expressly; 12 of the 28 require a court to be involved despite being called a small-estate shortcut, and 3 states raise the ceiling only when the claimant is the surviving spouse. The authors could not obtain official statutory text for 23 of the 51 jurisdictions and publish no figure for those, naming each and the reason instead.

The ranking: what each state’s small-estate route allows

Ranked by the dollar ceiling the statute sets for a general heir — a claimant who is not the surviving spouse — on personal property. Every figure was read in the statute’s own text at the official state source on 12 August 2026; the exact words matched are listed in the methodology. Where a state raises the ceiling for a surviving spouse, that number is in its own column and is deliberately not what the row is ranked on.

Read the ceiling as a ceiling on one route, not on probate avoidance. Several states also run a second, higher simplified-administration route. We list below only the ones whose text we read this session, and we do not claim to have read every state’s second route — which is exactly why those figures are not folded into the ranking above. Assets with a named beneficiary, jointly held property and anything already in a trust do not count against these ceilings at all.

The higher routes we verified — listed, deliberately not ranked

California is the clearest case of why these are kept separate: its affidavit ceiling of $208,850 ranks it 2 above, but a court petition under the same chapter reaches a primary residence worth up to $750,000 — a different instrument, a different test, and a number that would put it first if the two were mixed.

What the ranking is hiding

1. The instrument matters more than the number. 16 of the 28 routes are genuinely no-court — a successor signs an affidavit and presents it to the bank or transfer agent. The other 12 require a petition, a filing or a judge’s signature, which means a lawyer is often involved even though the state calls it a small-estate shortcut. Connecticut, District of Columbia, Florida, Maryland, Missouri, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, West Virginia all sit on that side of the line.

2. Exactly one of the 28 sections puts a house inside the route. Oregon is the only one that names real property and gives it a cap of its own. 20 of the sections apply to personal property in terms, so a solely owned house sends the estate to full probate no matter how high the headline figure is — and two of those, Iowa and Nevada, go further and make the existence of real property a disqualification. The remaining 7 — Connecticut, District of Columbia, Maryland, Missouri, Ohio, West Virginia, Wisconsin — set the cap on “the estate” or on “property subject to administration” and leave the question open in the section we read. That is not a drafting nicety: it is the one question a reader with a paid-off house most needs answered, and in a quarter of the states we read the statute does not answer it on its face.

3. Three states publish two ceilings and only one of them is for you. Nevada allows $25,000 to a general heir and $150,000 when the claimant is the surviving spouse. Maryland allows $50,000 to a general heir and $100,000 when the claimant is the surviving spouse. Ohio allows $35,000 to a general heir and $100,000 when the claimant is the surviving spouse. A ranking that used the spouse figure would reorder the table for a reader who is not a spouse.

4. In California you cannot get the number by reading the statute. Probate Code §13100 still reads “one hundred sixty-six thousand two hundred fifty dollars ($166,250)” in the official code we retrieved. The operative ceiling — $208,850 for deaths on or after 1 April 2025 — lives in Judicial Council form DE-300, which §890 requires the council to publish and which the code text does not reproduce. A reader who checks the statute and stops there is off by $42,600.

5. The direction of travel is up, fast. 6 of the 28 ranked ceilings were themselves set or changed by a 2025 or 2026 enactment: Wyoming, now $400,000 — 2025 SF0104 doubled the cap from $200,000; California, now $208,850 — the April 2025 Judicial Council adjustment raised it from $184,500; District of Columbia, now $80,000 — D.C. Law 25-302 raised it from $40,000, effective March 21, 2025; South Carolina, now $45,000 — 2025 Act No. 26 raised it from twenty-five thousand dollars, effective May 8, 2025; Nevada, now $25,000 — the 2025 amendment rewrote NRS 146.080 into a two-tier applicable amount; Florida, now $20,000 — Ch. 2026-57 doubled it from $10,000, effective July 1, 2026. A limit checked a year ago is not a limit you can rely on. The counter-example is worth naming too: 2025 Iowa Acts ch. 148 amended Iowa’s small-estate section in four places and left the dollar figure exactly where it was, so an amendment date is not evidence that a number moved.

One line per state, ready to quote

Local outlets are welcome to lift the line for their state verbatim, with attribution. Each is generated from the same verified row as the table above, so the two cannot drift apart.

• Arizona — $200,000. Arizona ranks 3 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under A.R.S. § 14-3971(B); no court is involved, and it applies to personal property.
• California — $208,850. California ranks 2 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is affidavit for collection or transfer of personal property under Cal. Prob. Code §§ 13100–13101; no court is involved, and it applies to personal property.
• Connecticut — $40,000. Connecticut ranks 21= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is affidavit in lieu of administration under Conn. Gen. Stat. § 45a-273; a court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap.
• District of Columbia — $80,000. District of Columbia ranks 11 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is small estate administration under D.C. Code § 20–351; a court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap.
• Florida — $20,000. Florida ranks 26= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is disposition without administration of intestate property in small estates under Fla. Stat. § 735.304(1); a court is involved, and it applies to personal property.
• Idaho — $100,000. Idaho ranks 5= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under Idaho Code § 15-3-1201(a)(1); no court is involved, and it applies to personal property.
• Illinois — $150,000. Illinois ranks 4 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is small estate affidavit under 755 ILCS 5/25-1; no court is involved, and it applies to personal property.
• Iowa — $100,000. Iowa ranks 5= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is distribution of property by affidavit — very small estates under Iowa Code § 633.356(1) as amended by 2026 Iowa Acts, House File 2660 (approved 16 April 2026; effective 1 July 2026); no court is involved, and it applies to personal property.
• Kansas — $75,000. Kansas ranks 12= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is small estate affidavit under K.S.A. 59-1507b(a); no court is involved, and it applies to personal property.
• Maine — $40,000. Maine ranks 21= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under 18-C M.R.S. § 3-1201(1)(A) (adjusted for inflation under § 1-108); no court is involved, and it applies to personal property.
• Maryland — $50,000. Maryland ranks 16= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is small estate administration under Md. Code, Est. & Trusts § 5-601(a); a court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap. The ceiling rises to $100,000 when the claimant is the surviving spouse.
• Minnesota — $75,000. Minnesota ranks 12= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under Minn. Stat. § 524.3-1201(a)(1); no court is involved, and it applies to personal property.
• Missouri — $40,000. Missouri ranks 21= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is small estate affidavit under RSMo § 473.097.1(1); a court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap.
• Montana — $100,000. Montana ranks 5= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under Mont. Code Ann. § 72-3-1101(1)(a); no court is involved, and it applies to personal property.
• Nebraska — $100,000. Nebraska ranks 5= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under Neb. Rev. Stat. § 30-24,125(1); no court is involved, and it applies to personal property.
• Nevada — $25,000. Nevada ranks 25 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is affidavit showing right to assets under NRS 146.080(1), (7) (applicable amount set by § 146.080(7), am. 2025); no court is involved, and it applies to personal property. The ceiling rises to $150,000 when the claimant is the surviving spouse.
• North Carolina — $20,000. North Carolina ranks 26= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of property by affidavit under N.C.G.S. § 28A-25-1(a); a court is involved, and it applies to personal property.
• North Dakota — $100,000. North Dakota ranks 5= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under N.D.C.C. § 30.1-23-01(1)(a); no court is involved, and it applies to personal property.
• Ohio — $35,000. Ohio ranks 24 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is release from administration under ORC § 2113.03(A); a court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap. The ceiling rises to $100,000 when the claimant is the surviving spouse.
• Oregon — $75,000. Oregon ranks 12= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is simple estate affidavit under ORS 114.510(1)(a); a court is involved, and it reaches real property expressly.
• Pennsylvania — $50,000. Pennsylvania ranks 16= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is settlement of small estates on petition under 20 Pa.C.S. § 3102; a court is involved, and it applies to personal property.
• Rhode Island — $15,000. Rhode Island ranks 28 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is voluntary informal administration of small estates under R.I. Gen. Laws § 33-24-1; a court is involved, and it applies to personal property.
• South Carolina — $45,000. South Carolina ranks 20 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is collection of personal property by affidavit under S.C. Code § 62-3-1201(a)(1); a court is involved, and it applies to personal property.
• Virginia — $75,000. Virginia ranks 12= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is payment or delivery of small asset by affidavit under Va. Code § 64.2-601(A)(1); no court is involved, and it applies to personal property.
• Washington — $100,000. Washington ranks 5= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is disposition of personal property by affidavit under RCW 11.62.010(2)(c); no court is involved, and it applies to personal property.
• West Virginia — $50,000. West Virginia ranks 16= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is small estates affidavit under W. Va. Code § 44-1A-2; a court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap.
• Wisconsin — $50,000. Wisconsin ranks 16= of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is transfer by affidavit under Wis. Stat. § 867.03(1g); no court is involved, and it does not resolve, on the face of the section, whether real property is inside the cap.
• Wyoming — $400,000. Wyoming ranks 1 of 28 jurisdictions whose small-estate statute Clear Money Guide read at the official state source in August 2026. The route is distribution by affidavit under Wyo. Stat. § 2-1-201(a)(i); no court is involved, and it applies to personal property.

The 23 jurisdictions carrying no number, and why

Primary source or nothing: where the official text could not be read this session, or where the statute sets no dollar figure at all, this study publishes no figure rather than repeating one from a secondary source. Each is named with the reason.

Two of those 23 are substantive rather than access failures. Georgia sets no dollar-keyed small-estate route at all, and New Hampshire keys its waiver of full administration to the structure of the estate rather than to a number — neither belongs in a dollar ranking on any methodology. Colorado is the interesting one: C.R.S. §15-12-1201 sets its ceiling at twice the amount in §15-11-403 as adjusted for inflation under §15-10-112, so the statute itself contains no number to rank.

Methodology

On 12 August 2026 the authors attempted to retrieve, from each jurisdiction’s own official source, the text of the statute that sets its small-estate ceiling. 28 retrievals returned statutory text; 23 did not, and those jurisdictions carry no figure. For every ranked row a specific string from the retrieved text was recorded as the anchor, and a pre-publication gate re-reads the retrieved file and fails the build unless that exact string is present, with dash and space codepoints normalised first so that an en-dash, an HTML entity or a plain ASCII hyphen cannot pass or fail the check by accident. No dollar figure is typed into this page: the table, the summary paragraph, the findings and the per-state lines are all generated from one dataset, so a number cannot appear in one place and not another.

The ranked cell is the ceiling for a general heir on personal property. A surviving-spouse uplift is a separate column. A higher simplified-administration route is a separate table, listed only where its text was read, and deliberately excluded from the ranking because a partial “any route” comparison would be wrong rather than incomplete. Nothing here is legal advice: statutes change, county practice varies, and the year-of-death rules control where a state indexes or has recently amended its cap. Verify against the cited statute before acting.

Fuller detail on each jurisdiction — instrument, waiting period, and the exclusions that apply — is on our small estate limits by state table, and the cost of the probate this route avoids is in probate cost by state and the probate cost calculator.

Cite this study

Suggested citation: “States With the Highest Small Estate Limits: what each state’s small-estate statute actually allows,” Clear Money Guide, 12 August 2026, clearmoneyguide.com/states-with-the-highest-small-estate-limits/.

Librarians, educators, and journalists: this table is CC BY 4.0 — reuse with attribution is welcome, and we answer methodology questions at [email protected]. The underlying state-by-state dataset is a free CSV with a documented column schema.