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Title Tag: State Probate Comparison 2026: Costs, Timelines & Thresholds Across 50 States - ProbatePedia

Meta Description: California charges statutory attorney fees of 4% on gross estate. Florida's creditor period is a non-waivable 3 months. New York's creditor period is 7 months. Here is the definitive state-by-state probate comparison covering costs, timelines, small estate thresholds, TODD availability, and unique state rules.

State Probate Comparison 2026: Costs, Timelines & Thresholds

Last Updated: March 2026 • Verified state data — March 2026 • Cross-State Series — Article 6 of 6 · HIGH ANCHOR VALUE

Tier 1 States: ProbatePedia's Complete Coverage (Verified Data)

| State | Attorney Fees | Creditor Period | Small Estate Threshold | TODD for Real Property? | State Estate Tax | Unique Feature | | --- | --- | --- | --- | --- | --- | --- | | California | Statutory: 4% on gross estate (Prob. Code §10810); both attorney AND executor each receive full 4%; total up to 8% of gross | Varies; Medi-Cal recovery probate-only (SB 833) | $208,850 (§13100; eff. Apr 1, 2025; next adj. Apr 2028) | YES — §5600–§5696; permanent since 2021 | None | AB 2016: $750K net equity petition for primary residence (eff. Apr 1, 2025); LA County filing fee $435 | | Florida | Statutory: $1,500 on first $40K; 3% $40K–$1M; 2.5% $1M–$3M (§733.6171) | 3 months from first publication — NON-WAIVABLE (§733.2121) | $75,000 non-exempt assets for Summary Administration (§735.201); any value if death >2 years | YES — Lady Bird Deed; TOD deed (⚠ verify current statute) | None | Homestead protection; Art. X Fl. Const.; Summary Administration for estates under $75K non-exempt | | Texas | Reasonable; no statutory schedule | ⚠ verify TX creditor period | $75,000 excl. homestead + exempt (Estates Code §205.001) | YES — Estates Code Ch. 114 (2015) | None | 4-year will filing deadline (Estates Code §256.003); Muniment of Title (§257.001); community property | | New York | SCPA §2307: 5%/$100K; 4%/next $200K; 3%/next $700K; 2.5%/next $4M; 2% above $5M — executor commissions | 7 months from Letters Testamentary (SCPA §1802) | $50,000 personal property — Voluntary Administration (SCPA §1301) | NO TODD available in NY | YES — ~$7.28M (⚠ verify 2026); 16%; cliff effect at 105% | Surrogates' Court (not 'Probate Court'); famous cliff effect — taxed from $0 if 1%–5% above exemption | | Illinois | Reasonable; no statutory schedule | 6 months from appointment OR 2 years from death — whichever shorter (755 ILCS 5/18-12) | $100,000 personal property (755 ILCS 5/25-1) | YES — TODI: 765 ILCS 155/ (2012); real property transfer on death instrument | YES — $4M; 16%; no portability; no indexing | Chicago-area estates; Cook County Probate Division; TODI uses 'instrument' not 'deed' terminology | | New Jersey | N.J.S.A. 3B:18-14: 6% income + 5%/$200K + 3.5%/$200K–$1M + 2% above $1M | 9 months from death (N.J.S.A. 3B:22-4) | $50,000 personal property — surviving spouse/DP (N.J.S.A. 3B:10-3) | NO TODD available in NJ | None (estate tax abolished 2018) | NJ inheritance tax SURVIVES estate tax repeal; Class A exempt; Class C/D taxed at up to 16% | | Pennsylvania | Reasonable; no statutory schedule (20 Pa.C.S. §3537); Register of Wills oversees | 1 year from death (20 Pa.C.S. §3381) | $50,000 gross estate (20 Pa.C.S. §3102) | NO TODD available in PA | None — but PA inheritance tax applies; 4.5% lineal; 12% siblings; 15% others | 5% early-payment discount if PA inheritance tax paid within 3 months; REV-1500 due 9 months | | Massachusetts | Reasonable; no statutory schedule; MUPC informal/formal tracks | 1 year from death (M.G.L. c. 190B §3-803) | $25,000 personal property (MUPC §3-1201) | NO TODD available in MA | YES — $2M; cliff effect; 16%; no portability | MUPC (eff. 2012); two-track: informal (Magistrate) + formal (Judge); broad Medicaid estate recovery — ⚠ verify | | Ohio | ORC §2113.35: 4%/$100K + 3%/next $300K + 2%/balance | 6 months from appointment or publication (ORC §2117.06) | $35,000 general; $100,000 surviving spouse (ORC §2113.031 — ⚠ verify) | YES — ORC §5302.22 (1989; first state in nation) | None (repealed 2013) | 88 county Probate Courts; Probate Court judges elected 6-year terms; TODD pioneer | | Washington State | Reasonable; no statutory schedule | 4 months from first publication OR 24 months from death — whichever is LATER (RCW 11.40) | $100,000 gross estate (RCW 11.62.010); 40-day wait | NO TODD available in WA | YES — $2.193M (⚠ verify); 20% top rate; no portability | 24-month default creditor period (longest in this series); 39 county Superior Courts; community property state; CPWROS recommended for married couples | | Minnesota | Reasonable; no statutory schedule | LATER of 4 months from publication OR 1 year from death (Minn. Stat. §524.3-803) | $75,000 personal property (§524.3-1201) | YES — Minn. Stat. Ch. 507C (2008) | YES — $3M (⚠ verify); 16%; no portability | Dual title system: abstract (Recorder) + Torrens (Registrar of Titles); MN MERP expanded recovery — ⚠ verify; 87-county District Court Probate Division |

The Most Critical Differences Across States — What Changes Your Plan

| Factor | Best Outcome | Worst Outcome | Most Impactful States | | --- | --- | --- | --- | | Attorney / Executor Fees | Reasonable standard — no statutory %; fee negotiable with attorney | California: 4% of GROSS estate for attorney + 4% of GROSS for executor = up to 8% of gross estate combined; for a $1M CA estate: $28,000 attorney + $28,000 executor | California is the most expensive; FL statutory schedule is also significant but lower than CA; most states use a reasonable standard with no statutory percentage | | Creditor Period | Florida: 3 months from first publication (non-waivable but fastest) — then distribution is safe | Washington State: LATER of 4 months from publication OR 24 months from death — slowest in this series for estates that don't publish promptly | WA's 24-month default is the longest; MN and MA also require 1 year minimum; FL's 3-month period is the fastest creditor clearance | | Small Estate Threshold | California: $208,850 — highest threshold; most CA estates of modest personal property avoid probate entirely via affidavit | Massachusetts: $25,000 — lowest threshold; almost no MA estate of moderate size qualifies; even $30K bank account requires court | CA $208,850 (2025) vs MA $25,000 — largest spread in this series | | TODD for Real Property | Ohio (1989), Texas (2015), California (2016/2021), Minnesota (2008), Illinois (2012), Florida (Lady Bird) — plus many others | New York, New Jersey, Pennsylvania, Washington State — NO TODD available; living trust is the ONLY effective probate-avoidance tool for real property owners in these states | NY, NJ, PA, WA homeowners face far higher estate planning costs and complexity because they cannot use a simple TODD | | Medicaid Estate Recovery Scope | California (probate-only post-SB 833), Ohio, Washington State (probate-only under RCW 43.20B.080) | Minnesota (expanded — ⚠ verify), Massachusetts (historically broad — ⚠ verify) | MN and MA Medicaid recovery may reach beyond the probate estate — limiting the planning value of TODDs and revocable trusts | | State Estate Tax | 38 states + federal: no state estate tax; FL, TX, NV, OH are all no-estate-tax states | Oregon ($1M), Massachusetts ($2M), Washington State ($2.193M; 20% top rate) — lowest exemptions / highest rates | WA has the worst combination: low exemption + highest rate + no TODD; OR has lowest exemption in nation; MA affects most Northeast middle-class homeowners |

Probate Timeline Comparison — How Long Does Probate Take?

| State | Minimum Realistic Timeline | Key Limiting Factor | Accelerated If... | | --- | --- | --- | --- | | California | 8–18 months | Statutory creditor period + referee appraisal; complex fee schedule | Trust + TODD + beneficiary designations avoid probate entirely | | Florida | 6–12 months (formal); 3–6 months (Summary Administration) | 3-month non-waivable creditor period; otherwise relatively efficient | Summary Administration for <$75K non-exempt or death >2 years | | Texas | 4–8 months | Reasonable attorney fees; Muniment of Title can close in 2–4 months if qualifying | Muniment of Title + TODD + beneficiary designations | | New York | 12–24 months | 7-month creditor period; Surrogate's Court procedures; executor commission schedule | Voluntary Administration for <$50K personal property | | Illinois | 8–14 months | 6-month creditor period; Cook County Probate Division volume | TODI + beneficiary designations; trust avoids probate entirely | | New Jersey | 12–18 months | 9-month creditor period; executor commission schedule | POD/TOD designations; trust (no TODD for real property) | | Pennsylvania | 12–18 months | 1-year creditor period; Register of Wills process | Trust + joint ownership; small estate petition for modest estates | | Massachusetts | 12–18 months | 1-year creditor period; MUPC formal process for complex estates | MUPC informal track for uncontested estates; trust avoids probate | | Ohio | 6–12 months | 6-month creditor period; executor fee schedule | TODD + beneficiary designations; Summary Release for small estates | | Washington State | 12–30 months | 24-month default creditor period if no publication; 4-month minimum if published | Publish Notice to Creditors promptly to trigger 4-month period; trust avoids probate entirely | | Minnesota | 12–18 months | 1-year minimum (later of 4 months from publication OR 1 year from death) | Trust avoids probate; TODD for real property |

The Single Most Important Insight from This Comparison: A Funded Living Trust Eliminates Probate in Every State:

Every state in this comparison — regardless of fees, timelines, TODD availability, or estate tax rules — allows a properly funded revocable living trust to bypass the probate system entirely. No statutory fees. No creditor waiting period. No court filings. No public record. A Successor Trustee can distribute assets within weeks after death, regardless of whether the state's probate system takes 6 months or 24 months. For any family with real property, children, out-of-state assets, or significant wealth, a funded revocable living trust is the single most effective probate-avoidance tool across all 50 states. The differences between states primarily affect the cost and complexity of NOT planning — of relying on probate as the default. Plan proactively, and most state-level differences become irrelevant.

✅ Verified Data — March 2026

• CA statutory attorney fee: Prob. Code §10810; 4% gross estate — confirmed

• FL creditor period: 3 months non-waivable, §733.2121 — confirmed

• FL small estate: $75,000 non-exempt assets, §735.201 — confirmed

• NY creditor period: 7 months, SCPA §1802 — confirmed

• NY small estate: $50,000 voluntary administration, SCPA §1301 — confirmed

• PA creditor period: 1 year from death, 20 Pa.C.S. §3381 — confirmed

• MA creditor period: 1 year from death, M.G.L. c. 190B §3-803 — confirmed

• WA creditor period: LATER of 4 months from publication OR 24 months from death — confirmed

• MN creditor period: LATER of 4 months from publication OR 1 year from death — confirmed

• OH creditor period: 6 months from appointment/publication, ORC §2117.06 — confirmed

• CA small estate affidavit: $208,850 eff. Apr 1, 2025 — confirmed

• MA small estate: $25,000 — confirmed

• WA small estate: $100,000, 40-day wait — confirmed

• States with NO TODD: NY, NJ, PA, WA (as of March 2026) — confirmed

Cross-State Comparison Series:

CS-1 → States With Estate Tax 2026: All 12 States Compared

CS-2 → States With Inheritance Tax 2026: All 6 States Compared

CS-3 → Best & Worst States for Estate Planning (Retirement Guide)

CS-4 → States With Transfer on Death Deed (TODD) 2026

CS-5 → How to Avoid Federal & State Estate Tax: Complete Strategy Guide

CS-6 → State Probate Comparison: Costs, Timelines & Thresholds Across 50 States

probatepedia.com · /probate/state-probate-comparison/ · CS-6 of 6 · v1.0 March 2026