Data sources
State-specific information on ProbateByState is drawn from five categories of primary sources:
- State probate codes accessed via each state's official legislature website. These are the authoritative text of each state's probate law.
- State court self-help publications — the probate information sections maintained by each state's judiciary for self-represented litigants.
- State bar association resources — lawyer referral services, published state bar fee guidelines, and state bar continuing legal education materials available to the public.
- National Center for State Courts (NCSC) — Court Statistics Project data on probate case disposition times by state and county.
- Uniform Law Commission (ULC) — for tracking adoption of uniform acts like the Uniform Probate Code, Transfer on Death Security Registration Act, and Uniform Real Property Transfer on Death Act.
Secondary sources (AARP, Investopedia, the American Bar Association's public resources) are used for general context and national benchmarks only.
How we calculate timelines
"Typical timeline" figures on state pages reflect the range within which most uncontested estates close, based on:
- The mandatory creditor claim period in the state (which sets a floor)
- Court-published expected timelines where available
- Aggregate disposition data from the NCSC Court Statistics Project
These ranges exclude contested estates, multi-state estates requiring ancillary probate, and estates approaching federal estate tax thresholds — all of which routinely take longer than the stated range.
How we calculate fee estimates
For statutory-fee states (CA, FL, IA, MO, MT, WY, and others), fee figures are calculated directly from the state's published fee schedule applied to illustrative estate values. These are exact calculations, not estimates.
For "reasonable fee" states, fee figures are illustrative ranges based on reported average probate attorney fees. Actual fees vary with complexity, local market rates, and the fee arrangement negotiated. Always get a written fee quote before engaging an attorney.
Court costs, appraisal fees, publication fees, and bond premiums are additional and vary by county within each state.
How we track small-estate thresholds
Small-estate thresholds frequently adjust — some states index them to inflation (California, adjusted every three years), others revise them periodically through legislative amendment. Figures on this site reflect the threshold in effect as of the "last reviewed" date at the bottom of each state page.
Because these thresholds can change, always verify the current figure on your state's official court self-help page (linked on every state page) before relying on it for decisions.
Review and update cycle
State pages are reviewed at minimum annually and whenever a material change to the state's probate law is announced. The "last reviewed" date at the bottom of each page reflects the most recent verification.
Reader-reported errors are investigated within 72 hours. If a citation is out of date or a fact has changed, we update the page and move the "last reviewed" date.
What we don't claim to cover
- Federal estate tax calculations beyond the basic exemption structure
- Highly specialized estates — business succession, closely-held business valuation, generation-skipping trusts, international estates
- Local court rules — each state's counties often have their own procedural requirements layered on top of state law
- Tax strategy — discussions of income tax implications are general; specific tax planning requires a CPA or tax attorney
For any of these topics, a licensed professional in your state is the right resource.