How Much Does an Estate Have to Be Worth to Go to Probate?

ets, the clerk will require formal probate; otherwise, simplified paperwork may do the job.

Understanding Probate and Why Estate Value Matters

Probate is the court-supervised legal process that transfers a deceased person’s estate, pays valid debts, and distributes assets to heirs or beneficiaries. The estate has to be worth more than the small-estate threshold and include probate assets; property titled only in the decedent’s name, before the probate court insists on the full process. A solid estate plan can move many assets outside probate entirely.

Texas and Other State Thresholds

• Texas: Estates with countable probate assets $75,000 or less (excluding homestead and exempt property) qualify for a Small Estate Affidavit under Chapter 205 of the Texas Estates Code.
  
• Nevada: $25,000 (or $100,000 if the surviving spouse is the only claimant).
  
• California: $184,500 for deaths through March 31, 2025, rising to $208,850 for deaths on or after April 1, 2025.
  

Because every state writes its own playbook, check the exact limit where the decedent lived.

Property Types That May Skip Probate

Some assets and personal property transfer automatically, no matter how large the estate:

• Jointly owned real estate with right of survivorship
  
• Accounts or life insurance with named beneficiaries
  
• Assets inside a funded living trust
  

These items don’t count toward the probate-estate value when determining whether an estate must go through probate.

Small Estate Affidavit and Simplified Probate Options

A Small Estate Affidavit lets heirs collect property without a full case when the estate is under the statutory ceiling. The executor (or whoever steps in) files the affidavit with supporting documents; banks and title companies then release funds or retitle property, often cutting months and thousands in fees.

Estimating the Estate’s Value

Before probate begins, you’ll need a clear picture of what the estate is actually worth—what counts toward the total, what doesn’t, and how to document it.

Countable vs. Non-Countable Assets

Countable assets include sole-owner bank accounts, vehicles, collections, and real estate titled exclusively to the decedent. Non-countable items are joint accounts, POD/TOD accounts, life-insurance proceeds, and trust assets.

Debts and Liabilities

The estate’s value is gross—debts don’t reduce the threshold calculation, even if a mortgage is bigger than the equity.

Appraisals and Records

When property or collectibles are involved, appraisals nail down how much the estate is valued at. Pull deeds, titles, account statements, and life-insurance policies early so you can see whether the estate needs full probate or qualifies for simplified probate.

When to Call a Probate Attorney or Estate Planning Lawyer

An experienced estate planning attorney or probate attorney knows every type of probate in Travis County, spots snags before they blow up, and prepares the estate so it meets Texas filing rules. If the estate includes out-of-state real estate, a business, or family disputes, professional guidance is smart.

Final Thoughts on Estate Value Thresholds

No two estates follow the same script. The mix of assets and overall value dictate whether you’ll face full probate, qualify for a streamlined affidavit, or sidestep the courthouse entirely.

Put a solid estate plan in place now; designations, trusts, and up-to-date paperwork, so your personal representative can rely on a Small Estate Affidavit or another shortcut instead of a drawn-out probate case.

FAQs About Estate Value and Probate Process