Guides

Assets That Skip Probate and How States Count Them

By Probate Clock · Published October 20, 2026

Bar chart of how many jurisdictions allow real estate through the small-estate route

Probate only deals with property the person owned in their own name with no beneficiary or surviving co-owner. Everything else passes by contract or title — and small-estate statutes usually count only what is left.

The usual non-probate categories

How the statutes measure the estate

StateWhat the limit is measured against
Alabamavalue of the personal property of a decedent who owned no real property, not counting property whose title passes by operation of law
Alaskapersonal property other than registered vehicles, less liens and encumbrances (registered vehicles are tested separately)
Arizonavalue of all personal property in the estate, less liens and encumbrances
Arkansasvalue of the decedent's property, less encumbrances, excluding the homestead and statutory allowances for a spouse or minor children
Californiagross value of the decedent's real and personal property in California, excluding property described in Probate Code § 13050
Coloradofair market value of all property subject to will or intestate succession, wherever located, less liens and encumbrances, for a death in 2026
Connecticutsolely owned personal property, excluding property that passes outside probate by operation of law
Delawarepersonal estate, excluding jointly owned property and property described in 12 Del. C. § 1901(b) and (c)
District of Columbiaproperty of the decedent subject to administration in the District
Floridavalue of the entire estate subject to administration, less exempt property
Hawaiitotal value of the decedent's property in Hawaii
Idahofair market value of the probate estate, less liens and encumbrances
Illinoispersonal estate passing by will or intestacy, not counting motor vehicles registered with the Secretary of State
Indianagross probate estate, for a death after June 30, 2022
Iowagross value of the decedent's personal property that would pass by will or intestacy
Kansastotal assets of the estate subject to probate
Louisianagross value of the property of a person who died domiciled in Louisiana, valued as of the date of death
Mainevalue of the entire estate, less liens and encumbrances
Marylandfair market value of the decedent's Maryland property, less debts of record secured by that property
Massachusettspersonal property other than one motor vehicle
Michiganvalue of the estate
Minnesotavalue of the entire probate estate at the date of death, less liens and encumbrances
Mississippivalue of the probate estate, less liens and encumbrances
Missourivalue of the entire estate, less liens, debts and encumbrances
Montanavalue of the probate estate, less liens and encumbrances
Nebraskavalue of the personal property in the estate, less liens and encumbrances
Nevadagross value of the decedent's property in Nevada, not counting motor vehicles registered to the decedent or amounts owed for Armed Forces service
New Jerseytotal value of the estate's real and personal assets, for a person who died without a will
New Mexicovalue of the estate, less liens and encumbrances
New Yorkgross value of personal property, not counting property set off to the family under EPTL 5-3.1(a)
North Carolinapersonal property of a person who died without a will
North Dakotavalue of the entire estate, less liens and encumbrances
Ohiovalue of the assets of the estate
Oklahomafair market value of the decedent's Oklahoma property subject to disposition by will or intestate succession, less liens and encumbrances
Oregonfair market value of the estate attributable to personal property (and, separately, to real property)
Pennsylvaniagross value of the decedent's property, not counting real estate and payments under 20 Pa.C.S. § 3101
Rhode Islandvalue of the estate, not counting tangible personal property
South Carolinavalue of the entire probate estate (property passing by will plus property passing by intestacy), wherever located, less liens and encumbrances
South Dakotavalue of the entire estate, less liens and encumbrances
Tennesseevalue of the probate property (personal property only)
Texasvalue of the estate assets on the date of the affidavit, excluding homestead and exempt property
Utahvalue of the estate, less liens and encumbrances, not counting up to four boats, motor vehicles, trailers or semitrailers
Vermontfair market value of an estate made up entirely of personal property (a time-share may be included)
Virginiavalue of the entire personal probate estate at the date of death
Washingtonentire probate estate, less liens and encumbrances, not counting the surviving spouse's or domestic partner's community property interest
West Virginiafair market value of probate personal property (real estate is tested separately)
Wisconsinvalue of the estate, as stated on the Wisconsin court system's form page
Wyomingvalue of the Wyoming estate, less liens and encumbrances

Real estate

In 32 jurisdictions the small-estate route does not take real property: Alabama, Alaska, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington. In 11 it can pass real estate: Arkansas, Florida, Georgia, Louisiana, Maryland, Missouri, New Hampshire, New Jersey, Ohio, Oregon, West Virginia. Arizona, California and Wyoming have a separate real-property procedure.

Worked example

A widow in Nevada inherits a $140,000 estate: a car registered to her husband and $140,000 in a solely owned account. The car does not count (NRS 146.080), and as surviving spouse she may use the affidavit up to $150,000, so the account fits; another relative would face the $25,000 limit instead.

Sources

Each measure is quoted from the statute linked on the state's page, checked 2026-10-20. See the small estate limits and the methodology.

Questions

What assets do not go through probate?

Generally: accounts and policies with a named beneficiary, payable-on-death and transfer-on-death accounts, property held in joint tenancy with right of survivorship, and assets held in a living trust.

Does a car count toward the small estate limit?

In some states it does not. Nevada leaves registered vehicles out of the count and Massachusetts allows one vehicle on top of its limit; most others count it.

Check an estate against your state's limit. Pick the state, enter the probate estate value and see the route, dates and fee. Open the checker.