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Estate Planning Guide

State-by-State Probate Guide

Probate rules vary significantly from state to state. Thresholds for when probate is required, the order in which creditors must be paid, available small-estate shortcuts, and the agencies you need to notify all depend on where your loved one lived. This guide covers the key differences so you know what to expect in your state.

Probate in California

Probate Threshold

$184,500

Small Estate Method

Small Estate Affidavit (Probate Code §13100) — 40-day waiting period after death

Creditor Priority Order

Probate Code §11420

  1. 1Costs of administration (executor fees, attorney fees, court costs)
  2. 2Funeral expenses (reasonable)
  3. 3Expenses of last illness
  4. 4Family allowance
  5. 5Wage claims (employees of decedent)
  6. 6Federal taxes
  7. 7State taxes (FTB, DHCS Medi-Cal recovery)
  8. 8All other creditors (credit cards, personal loans)

Key Agencies

Franchise Tax Board (FTB)File final California state return
Dept. of Health Care Services (DHCS)Medi-Cal estate recovery notification
DMVCancel driver’s license / REAL ID
Registrar of VotersRemove from voter rolls

Typical Timeline

12–18 months (full probate); 3–6 months (non-probate trust)

Notes

Independent administration available with court approval, reducing the need for ongoing hearings.

Probate in Oregon

Probate Threshold

$75,000 personal property / $200,000 real property

Small Estate Method

Small Estate Affidavit (ORS 114.515) — 30-day waiting period after death

Creditor Priority Order

ORS 115.125

  1. 1Costs of administration
  2. 2Funeral and burial expenses (reasonable)
  3. 3Debts and taxes with federal priority
  4. 4Medical expenses of last illness
  5. 5State and local taxes
  6. 6All other claims

Key Agencies

Oregon Dept. of RevenueFile final Oregon state return
Oregon Health AuthorityOregon Health Plan (Medicaid) estate recovery
DMVCancel driver’s license

Typical Timeline

9–12 months (typical)

Notes

Oregon has no state estate tax exemption below $1 million — estates over $1M may owe Oregon estate tax even if below the federal threshold.

Probate in Washington

Probate Threshold

$100,000

Small Estate Method

Small Estate Affidavit (RCW 11.62) — 40-day waiting period after death

Creditor Priority Order

RCW 11.76.070

  1. 1Costs of administration
  2. 2Funeral expenses (reasonable)
  3. 3Federal taxes and debts
  4. 4Expenses of last illness
  5. 5State taxes
  6. 6All other debts and claims

Key Agencies

Dept. of RevenueWashington estate tax return (if applicable)
Health Care AuthorityApple Health (Medicaid) estate recovery
DOLCancel driver’s license

Typical Timeline

8–12 months (typical)

Notes

Washington is a community property state. Washington estate tax applies to estates over $2.193 million.

Probate in Texas

Probate Threshold

$75,000 (no will) / $50,000 (homestead excluded)

Small Estate Method

Small Estate Affidavit (Estates Code §205) — 30-day waiting period; available only if no will

Creditor Priority Order

Estates Code §355.102

  1. 1Funeral expenses and expenses of last illness (secured by homestead)
  2. 2Costs of administration
  3. 3Secured claims
  4. 4Child support arrearages
  5. 5Federal taxes
  6. 6Expenses of last illness (not previously paid)
  7. 7State taxes
  8. 8All other claims

Key Agencies

Comptroller of Public AccountsTexas has no state income tax — no final state return needed
Health & Human Services CommissionMedicaid estate recovery
DPSCancel driver’s license

Typical Timeline

6–12 months (independent administration); 12–18 months (dependent)

Notes

Texas strongly favors independent administration (no ongoing court oversight). Muniment of Title is a streamlined probate option when there are no unpaid debts (other than secured debts). No state income tax.

Probate in Florida

Probate Threshold

$75,000

Small Estate Method

Summary Administration (FL Statutes §735.201) — available if estate value is under $75,000 or decedent has been dead more than 2 years

Creditor Priority Order

FL Statutes §733.707

  1. 1Costs of administration
  2. 2Funeral expenses (reasonable)
  3. 3Debts and taxes with federal priority
  4. 4Medical expenses of last 60 days of illness
  5. 5Family allowance (up to $18,000)
  6. 6State taxes
  7. 7All other claims

Key Agencies

Dept. of RevenueFlorida has no state income tax — no final state return needed
Agency for Health Care AdministrationMedicaid estate recovery
DHSMVCancel driver’s license

Typical Timeline

6–12 months (formal); 1–3 months (summary)

Notes

Florida has strong homestead protections — the homestead is exempt from forced sale by creditors and has special descent rules. No state income tax.

Probate in New York

Probate Threshold

$50,000 (personal property only)

Small Estate Method

Voluntary Administration (SCPA §1801) — available for personal property under $50,000; does not cover real estate

Creditor Priority Order

SCPA §1811 / EPTL §12-1.2

  1. 1Reasonable funeral expenses (up to $1,500 from first assets)
  2. 2Costs of administration
  3. 3Debts entitled to federal preference
  4. 4State taxes
  5. 5Medical expenses of last illness
  6. 6Debts to public authorities for public assistance
  7. 7All other claims

Key Agencies

Dept. of Taxation and FinanceFile final New York state return; NY estate tax (threshold ~$6.94M)
Dept. of HealthMedicaid estate recovery
DMVCancel driver’s license

Typical Timeline

9–18 months (typical); can take longer in NYC Surrogate’s Court

Notes

New York has a "cliff" estate tax — if the estate exceeds 105% of the exemption amount (~$6.94M), the ENTIRE estate is taxed, not just the excess. Surrogate’s Court handles all probate matters.

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