Do I Need Probate? Checker
See whether an estate likely needs probate, a simplified process, or none at all.
Probate is usually needed when a deceased person owned assets in their name alone with no beneficiary or joint owner. Assets in a living trust or with named beneficiaries (POD/TOD, joint accounts, life insurance) often skip probate, and small estates may qualify for a simplified process. Rules vary by state. This is general information, not legal advice; consult a licensed attorney.
Sources
This checker compares the assets you enter with the small-estate limit in five states: California, Florida, Illinois, New York and Texas. Each limit was read in the state's statute or in its court system's own guide.
- California Probate Code 13100: the small estate affidavit
- California Courts Self-Help Guide, When formal probate may not be needed: the current California dollar limit, which is adjusted every three years
- Florida Statutes 735.201: summary administration
- 755 ILCS 5/25-1: the Illinois small estate affidavit
- New York Surrogate's Court Procedure Act 1301: voluntary administration
- New York State Unified Court System, small estates
- Texas Estates Code, chapter 205: the small estate affidavit, for people who died without a will
Figures checked on November 3, 2026. For any other state the checker shows no limit, so look it up on that state court's self-help pages.
Frequently Asked Questions
What is probate, and when is it required?
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Probate is the court-supervised process of validating a will, paying debts, and transferring a deceased person's assets to heirs. It is generally required when someone owned assets in their name alone with no named beneficiary, joint owner, or trust to pass them automatically.
Which assets usually skip probate?
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Assets held in a living trust, accounts with payable-on-death (POD) or transfer-on-death (TOD) designations, jointly owned property with rights of survivorship, and life insurance or retirement accounts with named beneficiaries typically transfer outside probate. Beneficiary designations generally control even if a will says otherwise.
What is a small-estate or simplified probate process?
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Many states let smaller estates skip full probate using a small-estate affidavit or a streamlined court procedure. The dollar limits and rules vary widely by state, so an estate that qualifies in one state might still need full probate in another.
Does having a will avoid probate?
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No. A will does not avoid probate; it simply tells the probate court how you want your property distributed. To pass assets outside of probate, people typically use living trusts, beneficiary designations, or joint ownership instead.
How long does probate usually take?
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Timelines vary a lot by state and by how complex or contested the estate is, often ranging from a few months to well over a year. Disputes, creditor claims, hard-to-value assets, and real estate can all lengthen the process.
Why does real estate owned in the deceased's name alone matter?
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Real estate titled solely in the deceased person's name usually cannot be transferred without going through probate or a court process. Property held in a trust, jointly with survivorship rights, or with a transfer-on-death deed can often pass without probate.
Is this tool legal advice?
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No. This tool provides general information only and is not legal advice. Results are estimates and every case is different — always consult a licensed attorney in your state about your specific situation.
Talk to an Estate Planning attorney near you
This tool gives general estimates. For guidance on your specific situation, connect with a licensed estate planning attorney. Many offer a free or low-cost first consultation.
Find Estate Planning Lawyers Near YouThis tool provides general information only and is not legal advice. Results are estimates and outcomes vary by state and the facts of your case. Lawyers Near Me is not a law firm. Always consult a licensed attorney in your state about your specific situation.