| Alabama | Not published | Statutory percentage (cap), court sets amount considering factors such as customary local fees (statute mirror) | $47,000 (Ala. Code 43-2-692, per a secondary index) | Not published | Later of 6 months after the grant of letters or 5 months from first publication of notice (statute mirror) | Not published | codes.findlaw.com |
|---|
| Alaska | Not published | Not published | $50,000 personal property (other than vehicles) plus registered vehicles up to $100,000 total (AS 13.16.680) | Not published | Not published | Not published | akleg.gov |
|---|
| Arizona | Not published | Reasonable | $200,000 (personal property wherever located, less liens, A.R.S. 14-3971(B)); $300,000 for Arizona real property by separate court-filed affidavit (14-3971(E)) | No dollar figure: summary procedure when the estate does not exceed the homestead allowance, exempt property, family allowance, administration costs, funeral and last-illness expenses (14-3973) | Earlier of 2 years after death plus remaining notice time, or the notice period set in 14-3801 (the 14-3801 period is not published here) | Not published | azleg.gov |
|---|
| Arkansas | Statutory percentage (schedule unless otherwise contracted; court adjusts if excessive or insufficient) (statute mirror) | Statutory percentage (cap), court-approved just and reasonable amount (statute mirror) | $100,000 (estate value less encumbrances, excluding homestead and statutory spousal or minor-child allowances) (statute mirror) | Not published | 6 months after first publication of notice to creditors (statute mirror) | Not published | codes.findlaw.com |
|---|
| California | Statutory percentage (statute mirror) | Statutory percentage (statute mirror) | $208,850 (deaths on or after 2025-04-01; base $166,250 in Prob. Code 13100 as adjusted under 890) | $750,000 (petition for the decedent's primary residence, Prob. Code 13151, deaths on or after 2025-04-01) | Later of 4 months after letters first issued or 60 days after notice of administration is mailed or delivered (statute mirror) | Superior Court of California (county where the estate is administered) | california.public.law |
|---|
| Colorado | Not published | Not published | Twice the C.R.S. 15-11-403 exempt property amount as adjusted under 15-10-112 (the current dollar figure is not published here) (statute mirror) | Not published | Time set in the published or written notice to creditors; in all cases within 1 year after death (statute mirror) | Not published | colorado.public.law |
|---|
| Connecticut | Not published | Not published | $40,000 (solely owned personal property excluding nonprobate assets; affidavit filed in the Probate Court, C.G.S. 45a-273) | Not published | 150 days (from appointment of the first fiduciary; after that the fiduciary is not chargeable for good-faith distributions, C.G.S. 45a-356) | Probate Court (probate district where the decedent resided) | cga.ct.gov |
|---|
| Delaware | Court-approved (allowed as provided by rule of the Court of Chancery) | Court-approved (Court of Chancery rule) | $50,000 (personal estate excluding certain exempt items and jointly owned property, 12 Del. C. 2306) | Not published | Not published | Register of Wills, with the Court of Chancery (accountings, appeals, commissions) | delcode.delaware.gov |
|---|
| District of Columbia | Not published | Reasonable (unless the Court orders otherwise for a supervised representative or special administrator) | Not published | $80,000 (property subject to administration in DC; small estate administration, D.C. Code 20-351) | 6 months after first publication of notice of the appointment of a personal representative | Not published | code.dccouncil.gov |
|---|
| Florida | Reasonable, statutory percentage (presumed reasonable schedule, negotiable, written disclosure required) | Statutory percentage (presumed reasonable commission), plus reasonable extra for extraordinary services | None (no affidavit procedure; disposition without administration, 735.301, covers only exempt personal property plus nonexempt personal property up to preferred funeral expenses and last 60 days of medical expenses) | $150,000 (estate subject to administration less exempt property), or any value if the decedent died more than 2 years ago | Later of 3 months after first publication of notice to creditors or 30 days after service on a creditor required to be served | Circuit Court | leg.state.fl.us |
|---|
| Georgia | Not published | Not published | $15,000 (funds held by a financial institution paid on affidavit, O.C.G.A. 7-1-239, per a secondary index) | Not published | Not published | Probate Court (each county) | legaltemplates.net |
|---|
| Hawaii | Not published | Reasonable | $100,000 (gross value of the estate in Hawaii; registered motor vehicles transferable regardless of value, HRS 560:3-1201) | Not published | 4 months after first publication of notice; known creditors given written notice: within 4 months after the published notice or 60 days after mailing or delivery | Not published | data.capitol.hawaii.gov |
|---|
| Idaho | Not published | Reasonable | $100,000 (estate subject to probate wherever located, less liens and encumbrances, Idaho Code 15-3-1201) | Not published | 4 months after first publication of notice; creditors given written notice: within 4 months after the published notice or 60 days after mailing or delivery | Not published | legislature.idaho.gov |
|---|
| Illinois | Reasonable | Reasonable | $150,000 (personal estate excluding registered motor vehicles, which may be listed separately at any value) | $100,000 (gross real and personal estate subject to administration in Illinois, 755 ILCS 5/9-8) | Date in the notice, not less than 6 months from first publication or 3 months from mailing or delivery, whichever is later | Circuit Court (county of residence) | ilga.gov |
|---|
| Indiana | Not published | Not published | $100,000 (gross probate estate wherever located, deaths after June 30, 2022, IC 29-1-8-1) (statute mirror) | Not published | 3 months after first published notice to creditors; in any case barred if not filed within 9 months after death (statute mirror) | Not published | codes.findlaw.com |
|---|
| Iowa | Reasonable, court-approved, statutory percentage (cap equal to the PR schedule) | Reasonable, court-approved, statutory percentage (cap) | $50,000 (gross value of personal property otherwise passing by will or intestacy) | Not published | Later of 4 months after second publication of notice to creditors or 1 month after mailed notice to a reasonably ascertainable claimant | District Court sitting in probate | legis.iowa.gov |
|---|
| Kansas | Not published | Not published | $75,000 (total assets of the estate subject to probate, K.S.A. 59-1507b) | Not published | Not published | Not published | ksrevisor.gov |
|---|
| Kentucky | Not published | Statutory percentage (cap), with court-approved additional compensation | Not published | No fixed dollar cap in 395.455 (court may dispense with administration when the surviving spouse or children's exemption, with preferred claims, equals or exceeds distributable assets) | 6 months after appointment of the personal representative; 2 years after death if no representative is appointed | District Court | apps.legislature.ky.gov |
|---|
| Louisiana | Not published | Not published | $200,000 (gross value, decedent domiciled in Louisiana); $125,000 (ancillary, domiciled elsewhere); any value if death was at least 20 years before the affidavit (La. C.C.P. art. 3421) | Not published | Not published | Not published | legis.la.gov |
|---|
| Maine | Not published | Reasonable | $40,000 base, adjusted for inflation under 18-C M.R.S. 1-108 (the current adjusted figure is not published here) | Not published | 4 months after first publication of notice; for creditors given written notice, the later of 4 months after published notice or 60 days after mailing or delivery | Not published | legislature.maine.gov |
|---|
| Maryland | Reasonable, court-approved (and the court may not allow attorney fees plus PR commissions above a fair and reasonable total cost of administration) | Reasonable, statutory percentage (cap), court-approved | Not published | $50,000 (property subject to administration in Maryland); $100,000 if the surviving spouse is the sole legatee or heir (small estate administration, ET 5-601) | Earlier of 6 months after death or 2 months after the personal representative mails or delivers a notice to the creditor | Orphans' Court, with the Register of Wills (circuit court hears appeals of commission allowances) | mgaleg.maryland.gov |
|---|
| Massachusetts | Not published | Reasonable | $25,000 in personal property plus one motor vehicle of any value (voluntary administration, G.L. c. 190B, 3-1201; a filing with the Probate and Family Court) | Not published | 1 year after the date of death (action must be commenced and served or noticed within 1 year) | Probate and Family Court | malegislature.gov |
|---|
| Michigan | Not published | Reasonable | $50,000 base, net of liens, adjusted yearly under MCL 700.1210 (the 2026 adjusted figure is not published here) | $50,000 (probate court order distributing a small estate after funeral and burial expenses are paid, MCL 700.3982; whether it is adjusted is not published here) | 4 months after publication of notice to creditors | Probate Court (county) | legislature.mi.gov |
|---|
| Minnesota | Not published | Reasonable | $75,000 (entire probate estate wherever located, including safe deposit box contents, less liens and encumbrances, Minn. Stat. 524.3-1201) | Not published | 4 months after the date of the court administrator's published notice; known creditors are served within 3 months after first publication | Not published | revisor.mn.gov |
|---|
| Mississippi | Not published | Not published | $75,000 (entire probate estate wherever located, less liens and encumbrances, Miss. Code 91-7-322) (statute mirror) | Not published | Not published | Not published | codes.findlaw.com |
|---|
| Missouri | Statutory percentage (minimum schedule), reasonable (court may allow more) | Statutory percentage (minimum schedule), reasonable (court may allow more) | $40,000 (entire estate less liens, debts and encumbrances; affidavit filed with the probate division) | Not published | 6 months after first published notice of letters, or 2 months after notice was mailed or served on the creditor, whichever is later | Probate Division of the Circuit Court | revisor.mo.gov |
|---|
| Montana | Not published | Reasonable | $100,000 (probate estate wherever located, less liens and encumbrances) | Not published | Earlier of 1 year after death or the notice period under 72-3-801 (the 72-3-801 period is not published here) | Not published | leg.mt.gov |
|---|
| Nebraska | Not published | Reasonable | $100,000 (personal property; value of the estate wherever located less liens and encumbrances, Neb. Rev. Stat. 30-24,125) | Not published | 2 months after first publication of notice to creditors (when notice complies with the publication statutes) | Not published | nebraskalegislature.gov |
|---|
| Nevada | Reasonable (may be based on hourly rate, value of the estate accounted for, or agreement, NRS 150.060) | Statutory percentage (schedule), court may allow more | $150,000 (claimant is the surviving spouse); $25,000 (any other claimant); gross Nevada property excluding military pay due and registered vehicles (NRS 146.080) | $500,000 (summary administration, gross estate after encumbrances, NRS chapter 145); court set-aside without administration up to $150,000 (NRS chapter 146) | 90 days (after mailing for creditors who must be mailed notice, or after first publication of notice to creditors, NRS 147.040) | Not published | leg.state.nv.us |
|---|
| New Hampshire | Not published | Not published | Not published | No dollar threshold in RSA 553:32 (waiver of administration: no inventory, bond or accounting when, for example, the sole will beneficiary is appointed administrator) | Not published | Not published | gc.nh.gov |
|---|
| New Jersey | Not published | Statutory percentage (corpus commission schedule) (statute mirror) | $50,000 (surviving spouse, civil union or domestic partner, N.J.S. 3B:10-3); $20,000 (other heirs when there is no spouse or partner, 3B:10-4); intestate estates; real and personal assets counted (statute mirror) | Not published | 9 months from the date of death (statute mirror) | Not published | codes.findlaw.com |
|---|
| New Mexico | Not published | Not published | $50,000 (estate less liens and encumbrances, NMSA 45-3-1201) (statute mirror) | Not published | Not published | Not published | codes.findlaw.com |
|---|
| New York | Reasonable, court-approved (Surrogate's Court fixes and determines attorney compensation) | Statutory percentage (commission on sums received and paid out) | Not published | $50,000 (personal property, gross, exclusive of EPTL 5-3.1(a) set-off; voluntary administration under SCPA Article 13, a Surrogate's Court proceeding) | 7 months from the date letters issue (fiduciary protected for good-faith payments after that) | Surrogate's Court | nysenate.gov |
|---|
| North Carolina | Not published | Statutory percentage (cap of 5%, amount set by the clerk), court-approved | $20,000 (personal property less liens); $30,000 if the affiant is the surviving spouse and sole heir | No dollar cap (summary administration where the surviving spouse is the sole beneficiary or heir, 28A-28-1) | Date named in the notice, at least 3 months from first publication or posting | Clerk of Superior Court (estate matters) | ncleg.gov |
|---|
| North Dakota | Not published | Not published | $100,000 (estate subject to chapters 30.1-01 through 30.1-23 wherever located, less liens and encumbrances, N.D.C.C. 30.1-23-01) | Not published | Not published | Not published | ndlegis.gov |
|---|
| Ohio | Reasonable (reasonable attorney fees paid by the executor are allowed as an administration expense) | Statutory percentage | Not published | $35,000 (release from administration); $100,000 when all assets pass to the surviving spouse by will or the spouse is the sole intestate heir (2113.03(A)(2) conditions) | 6 months after the date of death | Probate Court (county) | codes.ohio.gov |
|---|
| Oklahoma | Not published | Statutory percentage, with court-approved extra for extraordinary services | $50,000 (fair market value of Oklahoma property passing by will or intestacy, less liens, 58 O.S. 393) | $200,000 (summary administration petition, 58 O.S. 245; also available if the decedent died more than 5 years ago or lived in another jurisdiction); $150,000 for dispensing with regular proceedings (58 O.S. 241) | Presentment date in the notice, at least 2 months after the notice is filed (58 O.S. 331; claims not presented are barred, 58 O.S. 333) | District Court | oklegislature.gov |
|---|
| Oregon | Not published | Statutory percentage (commission schedule), with court-allowed further compensation | $75,000 personal property (other than manufactured homes) and $200,000 real property plus manufactured homes (simple estate affidavit, ORS 114.510) | Not published | Later of 4 months after publication of notice to interested persons or the period applying to creditors entitled to mailed notice (ORS 115.005) | Not published | oregonlegislature.gov |
|---|
| Pennsylvania | Not published | Reasonable, court-approved (court allows compensation that is reasonable and just and may use a graduated percentage) | None as an affidavit; 3101 lets an employer pay up to $10,000 of wages and a bank pay deposits up to $20,000 to close family without letters (funeral bill or director's affidavit required for deposits) | $50,000 (settlement of small estates on petition to the orphans' court division, 20 Pa.C.S. 3102; personal property, excluding real estate and 3101 payments) | 1 year after first complete advertisement of the grant of letters (personal representative may distribute without liability to claims not known by then) | Orphans' Court Division of the Court of Common Pleas (county of domicile) | legis.state.pa.us |
|---|
| Rhode Island | Not published | Not published | $15,000 (estate excluding tangible personal property, R.I. Gen. Laws 33-24-1; a statement filed with the probate court clerk) | Not published | Not published | Probate Court | webserver.rilegislature.gov |
|---|
| South Carolina | Not published | Statutory percentage (cap of 5%), court-approved extra for extraordinary services | $45,000 (probate estate passing by will or intestacy, less liens; raised from $25,000 by 2025 Act No. 26, effective May 8, 2025) | Not published | 8 months after first publication of the notice to creditors | Probate Court (county probate judge) | scstatehouse.gov |
|---|
| South Dakota | Reasonable (attorneys and other agents of the personal representative are entitled to reasonable compensation) | Reasonable | $100,000 (entire estate wherever located, less liens and encumbrances, SDCL 29A-3-1201) | Not published | 4 months after first publication of notice; known creditors are told 4 months after the representative's appointment or 60 days after mailed or delivered notice (how the two combine was not read) | Not published | sdlegislature.gov |
|---|
| Tennessee | Not published | Not published | $50,000 (probate personal property, T.C.A. 30-4-102 definition of small estate; affidavit filed with the court) (statute mirror) | Not published | Earlier of 4 months from first publication or posting of notice (for creditors given actual notice at least 60 days before that date, per the statutory notice) or 12 months from date of death (statute mirror) | The court exercising probate jurisdiction in the county of residence (name varies by county) (statute mirror) | codes.findlaw.com |
|---|
| Texas | Reasonable, court-approved (reasonable attorney's fees allowed as an estate expense) (statute mirror) | Statutory percentage (5% commission with cap and exclusions) (statute mirror) | $75,000 (estate assets excluding homestead and exempt property; intestate estates only; affidavit filed with the court clerk and approved by the judge) (statute mirror) | Not published | 120 days (unsecured claim barred if not presented before the 121st day after receipt of the representative's optional notice); no general bar date read (statute mirror) | County Court, County Court at Law, or Statutory Probate Court, depending on the county (statute mirror) | texas.public.law |
|---|
| Utah | Not published | Not published | $100,000 (entire estate subject to administration wherever located, less liens and encumbrances; separate rule lets motor vehicles be excluded when the rest is $100,000 or less, Utah Code 75-3-1201) | Not published | 3 months after first publication of the notice to creditors | Not published | le.utah.gov |
|---|
| Vermont | Not published | Not published | Not published | $45,000 (small estate court proceeding, estate entirely personal property, may include a time-share, 14 V.S.A. 1901) | Not published | Not published | legislature.vermont.gov |
|---|
| Virginia | Not published | Reasonable (commission on receipts or otherwise, allowed by the commissioner of accounts) | $75,000 (entire personal probate estate wherever located, Va. Code 64.2-601) | Not published | Not published | Circuit Court (the circuit court clerk probates wills and qualifies executors and administrators) | law.lis.virginia.gov |
|---|
| Washington | Reasonable, court-approved (RCW 11.48.210 addresses attorney's fees; court may allow compensation for attorney services) | Reasonable, court-approved (just and reasonable as the court deems) | $100,000 (decedent's estate wherever located, less liens and encumbrances, RCW 11.62.010) | Not published | Later of 30 days after the personal representative serves or mails notice or 4 months after first publication | Superior Court | app.leg.wa.gov |
|---|
| West Virginia | Not published | Reasonable (commission on receipts or otherwise, allowed by the fiduciary commissioner) | $50,000 (a single small asset, fair market value at death, W. Va. Code 44-1A-1 definition) | Not published | Not published | Not published | code.wvlegislature.gov |
|---|
| Wisconsin | Not published | Statutory percentage (2%, or agreed rate), with court approval | $50,000 (gross value of property subject to administration in Wisconsin, Wis. Stat. 867.03(1g)) | $50,000 (summary assignment, estate less secured debts, 867.02, when summary settlement under 867.01 is not available) | Deadline set by court order, not less than 3 nor more than 4 months from the date of the order | Not published | docs.legis.wisconsin.gov |
|---|
| Wyoming | Statutory percentage (schedule), court may allow more for unusual circumstances or extraordinary services | Statutory percentage (schedule), court may allow more | $400,000 (entire Wyoming estate subject to administration, less liens and encumbrances, W.S. 2-1-201) | $400,000 (summary procedure for distribution of personal or real property by court decree, W.S. 2-1-205; not earlier than 30 days after death) | Time limited in the notice to creditors; a mailed claimant files within the later of 3 months after first publication or 30 days after mailing (W.S. 2-7-703) | District Court (exclusive original probate jurisdiction, W.S. 2-2-101) | wyoleg.gov |
|---|