Probate Rules by State

• Connecticut

  Probate Courts (54 districts)

  $40,000Small-estate affidavit cap (personal property, no real estate)
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• Florida

  Circuit Court, Probate Division

  $150,000Summary Administration cap, raised from $75,000 in July 2026
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• Illinois

  Circuit Court, Probate Division

  $150,000Small-estate affidavit cap (vehicles don't count toward it)
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• Massachusetts

  Probate and Family Court

  $25,000Voluntary Administration cap (one vehicle excluded)
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• Minnesota

  District Court (Probate Registrar)

  $75,000Small-estate affidavit cap (personal property only)
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• New Jersey

  County Surrogate's Court

  $50,000 / $20,000Small-estate thresholds, with vs. without a surviving spouse
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• New York

  Surrogate's Court

  $50,000Small-estate cap, personal property only
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• Texas

  Statutory Probate Courts / County Courts

  $75,000Small-estate affidavit cap (excludes homestead & exempt property)
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• Virginia

  Clerk of the Circuit Court

  $75,000Small-estate affidavit cap (personal property)
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• Wisconsin

  Circuit Court (Register in Probate)

  $50,000Threshold for all three small-estate procedures
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The information below is general information. It is not legal or tax advice for a specific estate. Dollar thresholds and filing rules can change, so current state law and court requirements should be confirmed before relying on them.