Probate in All 50 States

When someone dies, their estate typically must go through a court-supervised process called probate. Probate validates the will (if one exists), pays debts and taxes, and distributes assets to beneficiaries. It is governed by state law, not federal law, which means timelines, costs, and procedures vary significantly depending on where the deceased lived.^[1]

Most executors and family members confront this process for the first time during grief, without warning, and with financial and legal consequences for getting it wrong. This site exists to provide clear, state-specific information so you understand what to expect — and when you need professional help.

Where do you want to start?

Browse by state

Each state page includes the typical timeline, small-estate thresholds, attorney fee structure, mandatory waiting periods, and direct links to that state's official court resources and lawyer referral service.

How long does probate take?

Nationally, the average formal probate case takes approximately 16 to 20 months from filing to final distribution,^[2] though this range masks enormous variance. Simple estates with cooperative heirs in states with short statutory waiting periods can close in 3 to 6 months. Contested estates or those with multi-state property can take several years.

The two factors most consistently responsible for delay are mandatory creditor notice periods (typically 3–6 months) and court scheduling backlogs in populous counties.^[3]

How much does probate cost?

Probate costs typically consume 3% to 7% of the gross estate,^[4] though the calculation varies significantly by state. The major cost categories are attorney fees (statutory in some states, hourly in most), executor/personal representative compensation, court filing fees (generally $200–$1,200), and appraisal, publication, bond, and accounting fees.^[5]

How to avoid probate

A valid will does not prevent probate — it only provides instructions for it.^[6] The mechanisms that actually avoid probate transfer assets directly to beneficiaries outside the court process:

• Revocable living trusts — assets titled in a trust pass to beneficiaries per the trust document, bypassing probate entirely in every state.
• Beneficiary designations on retirement accounts (401(k), IRA), life insurance policies, and annuities — these override the will.
• Joint tenancy with right of survivorship (JTWROS) — property passes automatically to the surviving owner.
• Payable-on-death (POD) and transfer-on-death (TOD) designations on bank and brokerage accounts, available in all 50 states.
• Transfer-on-death (TOD) deeds for real estate — available in approximately 30 states as of 2026.^[7]
• Small estate affidavits — every state has a simplified process for estates below a certain value threshold (ranging from $15,000 to over $200,000).

What this site covers

• State-specific timelines and costs for all 50 states, with citations to the governing probate code
• Executor task guides covering the first seven days, creditor notification, asset inventory, tax filings, and final distribution
• Asset-specific pages explaining what happens to the house, retirement accounts, joint accounts, vehicles, digital assets, and firearms
• Special situation guides for intestate (no will) probate, contested wills, multi-state property, and insolvent estates
• Planning calculators estimating probate cost and timeline for your own or a family member's estate