How much does an estate have to be worth to go to probate?

Small estate limits by state

Small estate rules are not the same in every state. The table below uses only the state rules covered here that state a confirmed value rule or a confirmed condition based rule. A house can change the answer because some states require a court order or a recording step for real estate even when the estate is small.

What counts toward the limit

The limit is not always the value of everything the person owned. Ohio looks at the value of the assets of the estate. Georgia's no administration necessary procedure uses conditions instead of a general estate dollar cap in the cited passage.

That is why paperwork matters before you compare the estate to a dollar limit. A deed, bank form, payable on death form, beneficiary form, or transfer on death deed may show that an asset is handled outside the small estate bucket described by a state rule. The exact result still depends on the state source and the wording of the document.

• For Ohio, the release from administration statute looks at estate assets.
• For Georgia, do not treat a deceased depositor claim form as a house transfer procedure, because it is a deposit claim form.

Ohio

Ohio Revised Code 2113.03 says an estate may be released from administration if the value of the assets of the estate is $35,000 or less. The same section also has a $100,000 track under the statute. If the estate value is not made up only of money, stocks, bonds, or other readily valued property, an appraiser selected by the applicant and approved by the court is used.

Ohio's release order can relieve the estate from administration and direct delivery of personal property and transfer of real property. Ohio also has summary release from administration under Ohio Revised Code 2113.031 for smaller funeral expense situations. That summary release order can direct transfer of title to real property included in the decedent's estate.

Georgia

Georgia's no administration necessary statute starts with conditions, not a general estate value number in the cited passage. It applies when a person died intestate, no personal representative has been appointed in Georgia, and an heir files the petition. The petition is filed in the probate court of the decedent's Georgia domicile, or in the county where Georgia real property is located if the decedent was not domiciled in Georgia.

The Georgia petition must show the decedent's information, the heirs' information, a description of the Georgia property, the debt or creditor status, and that the heirs have agreed on a division. If there is Georgia real property, the court must file a certified copy of the order within 30 days after granting the petition. That copy is recorded in the deed records of each Georgia county where the deceased owned real property.

Georgia also has a separate deceased depositor claim form for bank deposits.

Georgia now has a transfer on death deed law for real estate. The Georgia property code says an interest in real estate may be titled in transfer on death form by recording a deed signed by the record owner and naming a beneficiary. For a record owner's death on or after July 1, 2024, the beneficiary must record the required affidavit and related documents within nine months, or the interest reverts to the deceased record owner's estate.

Why a house often still needs a court or recording step

Real estate is often the asset that keeps a family from using only a simple paper shortcut. Ohio's court order can transfer real property, and Georgia requires recording a certified copy of the no administration order when real property is involved.

Transfer on death documents are different from small estate affidavits. Ohio law says the transfer on death affidavit must be recorded with the county recorder before death to be effective. Georgia law says the transfer on death deed transfers ownership at death, but the post death recording steps still matter for deaths on or after July 1, 2024.

After the proper court or recording step gives authority to transfer title, selling the inherited house is a separate decision. Families may also need to deal with loan issues, taxes, or deed cleanup, so these pages may help: how long probate takes, inherited house with a mortgage, and how to remove a name from a deed. Selling to a cash buyer is one possible sale route after the estate has authority to transfer the property.

Frequently asked questions

Sources

Checked against each source on November 3, 2026. This page is general information, not legal or tax advice.

1. Case Type Quick Reference Guide (Indiana Office of Judicial Administration and Indiana Courts)
2. Ohio Rev. Code 2113.03 (Ohio Laws and Ohio Revised Code)
3. Ohio Rev. Code 2113.031 (Ohio Laws and Ohio Revised Code)
4. Ohio Rev. Code 5302.22 (Ohio Laws and Ohio Revised Code)
5. O.C.G.A. Title 53, Wills, Trusts, and Administration of Estates (Georgia General Assembly, Code Revision Commission, and Office of Legislative Counsel)
6. O.C.G.A. Title 44, Property, Chapters 8 through 17 (Georgia General Assembly, Code Revision Commission, and Office of Legislative Counsel)