Disclaimer: General educational research only — not legal, tax or financial advice. Figures are survey-based estimates with the limits explained in the methodology. Verify with official sources and a qualified professional before making decisions.
Estate Planning Data & Research → The Cost of Dying Without a Will in Every State
If you die without a will, your state already has a plan for your things. It’s written into a law called “intestate succession.” That law decides who inherits. Other parts of the probate code decide who gets paid to settle the estate, whether that person has to buy a bond, and how long creditors have to come forward.
We read those laws for all 50 states and Washington, D.C., and put them in one table. Every rule links to a statute section. Wherever we couldn’t confirm a rule from an official source, we say so instead of guessing.
Don’t want your state’s default rules deciding for you? Find your state’s will and trust rules, or see whether you need a will, a living trust or both.
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Cite this page URL when reusing findings. Not a substitute for official sources or professional advice.
Key findings
- In 29 of 51 jurisdictions, a surviving spouse does not automatically get everything, even in a first-marriage family where all the children belong to both spouses. In those states the spouse shares with the children. That can be a fixed dollar amount plus half (New York: $50,000 + 1/2; Pennsylvania: $30,000 + 1/2; Missouri: $20,000 + 1/2), a flat half (Illinois, Indiana, Kansas, South Carolina, Wyoming), or something more unusual. In Arkansas the children inherit and the spouse gets dower rights. In Louisiana the children own the deceased spouse’s half of community property and the spouse gets a lifetime “usufruct,” meaning the right to use it.
- 21 states put a percentage for executor pay into the statute. It’s either a set schedule, a legal maximum, or (in Florida) a “presumed reasonable” amount. The other 30 jurisdictions generally say “reasonable compensation,” or we couldn’t verify a rule. Take an estate the size of each state’s median home and apply the statute. The legally set fee runs from about $5,700 in Oklahoma to $36,380 in California. California’s figure comes from two separate statutory fees, one for the executor and the same amount again for the estate’s lawyer, on a $759,500 median home. (Illustrative only; see the method.)
- Several rules changed recently, and older guides may be wrong. Kentucky rewrote its rules effective July 15, 2026. A surviving spouse now inherits the entire estate when all of the children are also the spouse’s (KRS 391.010), and a bond is no longer required unless the court orders one (KRS 395.130). Louisiana raised its small-succession limit from $125,000 to $200,000 on Aug. 1, 2026. South Carolina raised its small-estate affidavit limit from $25,000 to $45,000 in May 2025.
What “dying without a will” actually costs
There’s no single price tag. The costs show up in four places:
- Who inherits. If the law sends half of your estate to your children, your spouse may have to work with them, or with a court-appointed guardian if they’re minors, before selling the house.
- Executor (personal representative) pay. Some states set the fee by formula. Most say “reasonable,” which in practice means hourly or negotiated. Lawyer fees are separate, except in states like California, Wyoming, and Iowa, where the statute also sets or caps the attorney’s fee.
- Bonds. A bond is basically an insurance policy that protects heirs and creditors if the administrator mishandles money. When there’s no will, nobody has waived the bond in advance. In many states the heirs can still sign a waiver.
- Time. Most estates can’t close until the creditor claim window ends. That window ranges from 2 months (Nebraska, Oklahoma, after notice is published) to 8 months (Delaware, from death; South Carolina, after publication) and 1 year (Massachusetts, from death; Pennsylvania, after letters are advertised).
The illustrative fee: how big is it?
Most families’ biggest asset is the house. So for the states whose statutes set a percentage, we asked one simple question. If an estate were worth exactly the state’s median home value, and that home went through probate and was sold, what fee would the statute produce?
| State | Median home value (ACS 2024) | Statutory fee illustration | What it covers |
|---|---|---|---|
| California | $759,500 | $36,380 (4.79%) | Statutory fee (PR) + identical statutory attorney fee |
| Florida | $396,900 | $23,814 (6.0%) | Presumed-reasonable PR commission + presumed-reasonable attorney fee |
| New Jersey | $496,000 | $20,360 (4.1%) | Statutory corpus commission (home sold) (secondary source) |
| New York | $449,800 | $17,494 (3.89%) | Statutory executor commission (home sold) (secondary source) |
| Georgia | $343,300 | $17,165 (5.0%) | 2.5% received + 2.5% paid out (home sold, proceeds distributed) |
| Maryland | $436,300 | $16,787 (3.85%) | Maximum PR commission |
| Texas | $313,200 | $15,660 (5.0%) | Maximum 5% of gross estate (home sold, proceeds paid out) |
| South Carolina | $299,500 | $14,975 (5.0%) | Maximum 5% (home sold) |
| Wyoming | $339,500 | $14,280 (4.21%) | Statutory fee (PR) + identical statutory attorney fee |
| Alabama | $233,300 | $11,665 (5.0%) | Maximum: 2.5% received + 2.5% disbursed (secondary source) |
| Oregon | $497,500 | $10,580 (2.13%) | Statutory PR fee |
| Nevada | $455,500 | $10,260 (2.25%) | Statutory PR fee (on value less liens) |
| Iowa | $227,300 | $9,332 (4.11%) | Maximum PR fee + maximum attorney fee |
| Ohio | $239,800 | $8,194 (3.42%) | PR fee if home is sold (1% if not sold) |
| Missouri | $254,400 | $7,546 (2.97%) | Minimum PR fee (home sold) |
| South Dakota | $289,600 | $7,325 (2.53%) | Statutory PR commission (home sold counts as personal property) |
| Wisconsin | $294,700 | $5,894 (2.0%) | Statutory 2% PR commission (on value less liens) |
| Oklahoma | $222,100 | $5,652 (2.54%) | Statutory PR fee |
These are illustrations, not quotes. They assume the home is the only asset, it’s sold through probate, it’s mortgage-free, and the work is “ordinary.” Real estates differ:
- In Florida, a family’s homestead usually passes outside the estate, so the fee base is often much smaller.
- In Ohio, an unsold home draws only 1%.
- In Missouri, the schedule is a minimum, and real estate counts only if it’s sold.
- Rows marked “maximum” (Alabama, Iowa, Maryland, South Carolina, Texas) are legal ceilings, not what courts always award.
- Alabama, New York and New Jersey figures come from secondary copies of the statute (marked “secondary source”).
Arkansas, Kentucky, and North Carolina also cap executor pay by statute. We didn’t compute a home-based figure for them because their caps are tied to personal property or to “receipts and expenditures,” and a house doesn’t fit neatly into either.
Do you need a bond when there’s no will?
- Generally no bond unless a court orders one or an exception applies (13): Colorado, Hawaii, Idaho, Indiana, Kentucky (as of July 15, 2026), Maine, Michigan, Minnesota, Montana (only if someone demands one), Nevada (up to the court), North Dakota, South Dakota, Utah.
- Generally required unless the heirs waive it or the court excuses it (21): Alaska, Arizona, California, D.C., Florida, Georgia, Illinois, Iowa, Kansas, Maryland, Massachusetts (sureties), Missouri, New Hampshire (personal bond only for estates of $25,000 or less), North Carolina, Ohio, Oklahoma, South Carolina, Texas, Washington (depends on the case), West Virginia, Wyoming.
- Not yet verified (17); check your state statute: Alabama, Arkansas, Connecticut, Delaware, Louisiana, Mississippi, Nebraska, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Wisconsin.
Full state table
How to read the verification labels. We summarized each rule from the statute text on Oct. 1, 2026, and cite the section. Secondary source means we could confirm the rule only from an unofficial copy of the statute (such as Justia, FindLaw or onecle), so confirm it against the official code. Not yet verified (or Unverified) means we could not confirm the rule from an official or secondary source: check your state statute or the probate court before relying on it. Unlabeled rules come from official text (a few from older official code releases; see Methodology). State laws change, sometimes mid-year, so always confirm current rules. *Illustrative statutory fee = statute applied to an estate equal to the state’s ACS 2024 median home value (see method).
| State | Spouse’s share (kids all from this marriage) | Executor fee rule | Illustrative statutory fee on median home* | Creditor claim window | Small-estate shortcut |
|---|---|---|---|---|---|
| Alabama | First $50,000 + 1/2 of the rest (Ala. Code 43-8-41) (secondary source) | Cap: Up to 2.5% of receipts + 2.5% of disbursements, as court finds fair (Ala. Code 43-2-848) (secondary source) | $11,665 on $233,300 (5.0%) (secondary source) | Not yet verified, check your state statute | Unverified: Tied to CPI-adjusted family allowances (Ala. Code 43-8-111/43-8-116); exact cap not verified. Not yet verified, check your state statute. |
| Alaska | Entire estate (AS 13.12.102) | Unverified: Reasonable: Reasonable compensation (UPC model); compensation section not separately archived. Not yet verified, check your state statute. | Not computed (fee rule not yet verified) | 4 months after first publication of notice (AS 13.16.460) | Affidavit: vehicles up to $100,000 + other personal property up to $50,000 (AS 13.16.680) |
| Arizona | Entire estate (separate property; spouse keeps own half of community) (A.R.S. 14-2102) | Reasonable: Reasonable compensation (A.R.S. 14-3719) | No statutory % / not computed | 4 months after first publication of notice (A.R.S. 14-3801) | Affidavit: personal property up to $200,000 (separate real-property affidavit exists) (A.R.S. 14-3971) |
| Arkansas | Children inherit; spouse gets dower/curtesy rights (life-estate and personal-property shares) (Ark. Code 28-9-214; 28-11-301, 28-11-305) (secondary source) | Cap: Up to 10% of first $1,000, 5% of next $4,000, 3% of rest of personal property administered; extra for real-estate work at court’s discretion (Ark. Code 28-48-108(a)) | Not computed: Statutory cap applies to personal property only; real-estate work paid at court’s discretion | Not yet verified, check your state statute | Affidavit: up to $100,000, not counting the homestead and spouse/minor-child allowances; 45 days after death (Ark. Code 28-41-101) |
| California | All community property + 1/2 of separate property (1 child) or 1/3 (2+ children) (Cal. Prob. Code 6401) | Schedule: 4% of first $100k, 3% next $100k, 2% next $800k, 1% next $9M, 0.5% next $15M – for the personal representative AND the same again for the attorney (Cal. Prob. Code 10800, 10810) | $36,380 on $759,500 (4.79%) | 4 months after letters first issued (or 60 days after notice, if later) (Cal. Prob. Code 9100) | Affidavit: statute says $166,250 ‘as adjusted periodically’ (adjusted figure for deaths on/after 4/1/2025 reported as $208,850 – confirm) (Cal. Prob. Code 13100, 890) |
| Colorado | Entire estate (C.R.S. 15-11-102) | Reasonable: No percentage schedule; old 15-12-719 was repealed in 2011 (reasonable compensation standard elsewhere in the code) (C.R.S. 15-12-719 (repealed)) | No statutory % / not computed | Deadline set in the published notice to creditors (C.R.S. 15-12-801, 15-12-803) | Affidavit: up to twice the inflation-adjusted exempt-property amount; current dollar figure not verified (C.R.S. 15-12-1201, 15-11-403) |
| Connecticut | First $100,000 + 1/2 of the rest (C.G.S. 45a-437) | Unverified: Reasonable: No statutory percentage found; not verified. Not yet verified, check your state statute. | Not computed (fee rule not yet verified) | Claims not presented within 150 days of the first fiduciary’s appointment lose protection against good-faith distributions (C.G.S. 45a-356) | Small-estate process: personal property up to $40,000 and no solely owned real estate (C.G.S. 45a-273) |
| Delaware | $50,000 of personal estate + 1/2 of remaining personal estate + life estate in real estate (12 Del. C. 502) | Unverified: Reasonable: No statutory percentage found; not verified. Not yet verified, check your state statute. | Not computed (fee rule not yet verified) | 8 months after death (12 Del. C. 2102) | Not yet verified, check your state statute |
| District of Columbia | Two-thirds of the estate (D.C. Code 19-302) | Unverified: Reasonable: Court-approved compensation; no percentage verified. Not yet verified, check your state statute. | Not computed (fee rule not yet verified) | 6 months after first publication of notice of appointment (D.C. Code 20-903) | Small-estate administration: up to $80,000 (D.C. Code 20-351) |
| Florida | Entire estate (Fla. Stat. 732.102) | Presumed reasonable: Commission presumed reasonable: 3% of first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above; attorney fee has its own presumed-reasonable schedule (Fla. Stat. 733.617, 733.6171) | $23,814 on $396,900 (6.0%) | 3 months after first publication of notice to creditors (30 days after service, if later) (Fla. Stat. 733.702) | Summary administration: estate up to $150,000 (not counting exempt property), or death more than 2 years ago (Fla. Stat. 735.201) |
| Georgia | Equal share with the children, but never less than 1/3 (O.C.G.A. 53-2-1) | Schedule: 2.5% of money received + 2.5% of money paid out (plus other items set in the statute) (O.C.G.A. 53-6-60) | $17,165 on $343,300 (5.0%) | Personal representative need not pay debts until 6 months after qualifying; notice deadline not verified (O.C.G.A. 53-7-42) | Unverified: No dollar-limit affidavit verified; ‘no administration necessary’ route exists. Not yet verified, check your state statute. |
| Hawaii | Entire estate (HRS 560:2-102) | Reasonable: Reasonable compensation (HRS 560:3-719) | No statutory % / not computed | 4 months after first publication of notice (HRS 560:3-801) | Clerk of court can administer estates up to $100,000 (HRS 560:3-1205) |
| Idaho | All community property + 1/2 of separate property (Idaho Code 15-2-102) | Reasonable: Reasonable compensation (Idaho Code 15-3-719) | No statutory % / not computed | 4 months after first publication of notice (Idaho Code 15-3-801) | Affidavit: up to $100,000 (Idaho Code 15-3-1201) |
| Illinois | One-half (755 ILCS 5/2-1) | Reasonable: Reasonable compensation (755 ILCS 5/27-1) | No statutory % / not computed | Claim date in notice must be at least 6 months after first publication (3 months after mailing, if later) (755 ILCS 5/18-3) | Affidavit: personal estate up to $150,000 (plus registered vehicles) (755 ILCS 5/25-1) |
| Indiana | One-half (IC 29-1-2-1) | Reasonable: ‘Just and reasonable’ compensation set by court (IC 29-1-10-13) | No statutory % / not computed | 3 months after first published notice to creditors (IC 29-1-14-1) | Affidavit: up to $100,000 (deaths after June 30, 2022) (IC 29-1-8-1) |
| Iowa | Entire estate (Iowa Code 633.211) | Cap: Reasonable fee, capped at 6% of first $1,000, 4% to $5,000, 2% above, on gross inventory; attorney capped at the same schedule (Iowa Code 633.197, 633.198) | $9,332 on $227,300 (4.11%) | 4 months after second publication of notice (or 1 month after mailed notice, if later) (Iowa Code 633.410) | Affidavit: personal property up to $50,000 and no real property (Iowa Code 633.356) |
| Kansas | One-half (K.S.A. 59-504) | Reasonable: ‘Just and reasonable’ compensation (K.S.A. 59-1717) | No statutory % / not computed | 4 months after first publication of notice (K.S.A. 59-2239) | Affidavit: estate up to $75,000 (K.S.A. 59-1507b) |
| Kentucky | Entire estate (law changed July 15, 2026; before that, spouse got 1/2 of personal property + dower) (KRS 391.010 (2026 Ky. Acts ch. 134)) | Cap: Up to 5% of personal estate + 5% of income collected; extra only for unusual services (KRS 395.150) | Not computed: Cap is 5% of the personal estate; a home is real estate | 6 months after appointment (2 years after death if no one appointed) (KRS 396.011) | Court can dispense with administration when the $30,000 spouse/children exemption plus preferred claims cover the estate (KRS 395.455, 391.030) |
| Louisiana | Children own the deceased spouse’s half of community property; surviving spouse gets a usufruct (use for life or until remarriage) (La. Civ. Code arts. 889-890) (secondary source) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | Not yet verified, check your state statute | Small succession affidavit: up to $200,000 (raised from $125,000 effective Aug 1, 2026) (La. C.C.P. art. 3421 (Act 293 of 2026)) |
| Maine | Entire estate (18-C M.R.S. 2-102) | Reasonable: Reasonable compensation (18-C M.R.S. 3-719) | No statutory % / not computed | 4 months after first publication of notice (18-C M.R.S. 3-801) | Affidavit: up to $40,000, inflation-adjusted (18-C M.R.S. 3-1201) |
| Maryland | Entire estate if no minor child survives; one-half if a minor child survives (Md. Est. & Trusts 3-102) | Cap: Court-allowed commission capped at 9% of first $20,000; $1,800 + 3.6% above $20,000 (Md. Est. & Trusts 7-601) | $16,787 on $436,300 (3.85%) | Earlier of 6 months after death or 2 months after notice is mailed to the creditor (Md. Est. & Trusts 8-103) | Small-estate administration: up to $50,000 ($100,000 if spouse is sole heir) (Md. Est. & Trusts 5-601) |
| Massachusetts | Entire estate (M.G.L. c.190B 2-102) | Reasonable: Reasonable compensation (M.G.L. c.190B 3-719) | No statutory % / not computed | Creditor must sue within 1 year after death (M.G.L. c.190B 3-803) | Voluntary administration: personal property up to $25,000 plus a car (M.G.L. c.190B 3-1201) |
| Michigan | First $150,000 (inflation-adjusted) + 1/2 of the rest (MCL 700.2102) | Reasonable: Reasonable compensation (MCL 700.3719) | No statutory % / not computed | 4 months after notice to creditors is published (MCL 700.3801, 700.3803) | Affidavit: no real property and estate up to $50,000, inflation-adjusted (current figure not verified) (MCL 700.3983) |
| Minnesota | Entire estate (Minn. Stat. 524.2-102) | Reasonable: Reasonable compensation (Minn. Stat. 524.3-719) | No statutory % / not computed | 4 months after the court administrator’s notice (Minn. Stat. 524.3-801) | Affidavit: up to $75,000 (Minn. Stat. 524.3-1201) |
| Mississippi | Same share as each child (a ‘child’s share’) (Miss. Code 91-1-7) (secondary source) | Reasonable: Sum the court deems proper given estate value and difficulty (Miss. Code 91-7-299) | No statutory % / not computed | Not yet verified, check your state statute | Affidavit: up to $75,000 (Miss. Code 91-7-322) (secondary source) |
| Missouri | First $20,000 + 1/2 of the rest (RSMo 474.010) | Schedule (minimum): Minimum: 5% of first $5k, 4% next $20k, 3% next $75k, 2.75% next $300k, 2.5% next $600k, 2% above $1M, on personal property + proceeds of real estate sold (RSMo 473.153) | $7,546 on $254,400 (2.97%) | 6 months after first published notice (2 months after mailed notice, if earlier) (RSMo 473.360) | Affidavit: estate up to $40,000 (net of liens and debts) (RSMo 473.097) |
| Montana | Entire estate (MCA 72-2-112) | Reasonable: Reasonable compensation (statute amended 2019) (MCA 72-3-631) | No statutory % / not computed | 4 months after first publication of notice (MCA 72-3-801) | Affidavit: up to $100,000 (MCA 72-3-1101) |
| Nebraska | First $150,000 + 1/2 of the rest (Neb. Rev. Stat. 30-2302) | Reasonable: Reasonable compensation (Neb. Rev. Stat. 30-2480) | No statutory % / not computed | 2 months after first publication of notice (Neb. Rev. Stat. 30-2485) | Affidavit: personal property up to $100,000 (Neb. Rev. Stat. 30-24,125) |
| Nevada | All community property + 1/2 of separate property (1 child) or 1/3 (2+ children) (NRS 134.040; NRS 123.250) | Schedule: 4% of first $15,000, 3% of next $85,000, 2% above $100,000, on estate less liens (NRS 150.020) | $10,260 on $455,500 (2.25%) | 90 days after first publication (or mailing) (NRS 147.040) | Affidavit (no real property): $150,000 if claimant is spouse; $25,000 otherwise (NRS 146.080) |
| New Hampshire | First $250,000 + 1/2 of the rest (RSA 561:1) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | Demand must be exhibited within 6 months after the grant of administration (RSA 556:3) | No small-estate affidavit; ‘waiver of administration’ route (old RSA 553:31 was repealed) (RSA 553:32) |
| New Jersey | Entire estate (N.J.S.A. 3B:5-3) (secondary source) | Schedule: Corpus commission: 5% of first $200,000, 3.5% of $200,000-$1M, 2% above $1M (plus income commission) (N.J.S.A. 3B:18-14) (secondary source) | $20,360 on $496,000 (4.1%) (secondary source) | Not yet verified, check your state statute | Affidavit: up to $50,000 for spouse/partner; $20,000 for an heir if no spouse (N.J.S.A. 3B:10-3, 3B:10-4) (secondary source) |
| New Mexico | All community property + 1/4 of separate property (NMSA 45-2-102) (secondary source) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | Not yet verified, check your state statute | Not yet verified, check your state statute |
| New York | First $50,000 + 1/2 of the rest (N.Y. EPTL 4-1.1) | Schedule: 5% of first $100k, 4% next $200k, 3% next $700k, 2.5% next $4M, 2% above $5M (N.Y. SCPA 2307) (secondary source) | $17,494 on $449,800 (3.89%) (secondary source) | Not yet verified, check your state statute | Not yet verified, check your state statute |
| North Carolina | Real estate: 1/2 (1 child) or 1/3 (2+). Personal property: first $60,000 + 1/2 (1 child) or 1/3 (2+) of the rest (N.C.G.S. 29-14) | Cap: Clerk sets commission, up to 5% of receipts and expenditures (N.C.G.S. 28A-23-3) | Not computed: Cap is 5% of receipts and expenditures; how a home sale is counted depends on the clerk | Deadline in notice must be at least 3 months after first publication (N.C.G.S. 28A-14-1) | Collection by affidavit: personal property up to $20,000 ($30,000 if spouse is sole heir) (N.C.G.S. 28A-25-1) |
| North Dakota | Entire estate (N.D.C.C. 30.1-04-02) | Reasonable: Reasonable compensation (N.D.C.C. 30.1-18-19) | No statutory % / not computed | 3 months after first publication or mailing of notice (N.D.C.C. 30.1-19-01) | Affidavit: up to $100,000 (N.D.C.C. 30.1-23-01) |
| Ohio | Entire estate (R.C. 2105.06) | Schedule: 4% of first $100k, 3% of $100k-$400k, 2% above, on personal property + proceeds of real estate sold; 1% of real estate not sold (R.C. 2113.35) | $8,194 on $239,800 (3.42%) | 6 months after death (R.C. 2117.06) | Release from administration: assets up to $35,000, or $100,000 in some spouse cases (R.C. 2113.03) |
| Oklahoma | Undivided one-half (84 O.S. 213) | Schedule: 5% of first $1,000, 4% of next $5,000, 2.5% above $6,000 (58 O.S. 527) | $5,652 on $222,100 (2.54%) | 2 months after first publication of notice (58 O.S. 333) | Affidavit: up to $50,000 (58 O.S. 393) |
| Oregon | Entire estate (ORS 112.025) | Schedule: 7% of first $1,000, 4% to $10,000, 3% to $50,000, 2% above, on probate property; plus 1% of taxable non-probate property (ORS 116.173) | $10,580 on $497,500 (2.13%) | Not yet verified, check your state statute | Small estate affidavit: up to $75,000 personal property and $200,000 real property (ORS 114.515) |
| Pennsylvania | First $30,000 + 1/2 of the rest (20 Pa.C.S. 2102) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | Distribution protected against claims not known within 1 year after advertisement of letters (20 Pa.C.S. 3532) | Petition to settle small estate: up to $50,000 (20 Pa.C.S. 3102) |
| Rhode Island | Life estate in real estate + 1/2 of personal property (R.I. Gen. Laws 33-1-5, 33-1-10) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | Not yet verified, check your state statute | Small estate: up to $15,000, not counting tangible personal property (R.I. Gen. Laws 33-24-1) |
| South Carolina | One-half (S.C. Code 62-2-102) | Cap: Up to 5% of personal property + real estate sale proceeds, plus up to 5% of income (S.C. Code 62-3-719) | $14,975 on $299,500 (5.0%) | 8 months after first publication of notice (S.C. Code 62-3-801, 62-3-803) | Affidavit: up to $45,000 (raised from $25,000 on May 8, 2025) (S.C. Code 62-3-1201) |
| South Dakota | Entire estate (SDCL 29A-2-102) | Schedule: Reasonable comp; in intestate cases commissions may be 5% of first $1,000, 4% to $5,000, 2.5% above, on personal property (real estate sold counts as personal property) (SDCL 29A-3-719(c)) | $7,325 on $289,600 (2.53%) | 4 months after first publication of notice (SDCL 29A-3-801) | Affidavit: up to $100,000 (SDCL 29A-3-1201) |
| Tennessee | The greater of 1/3 or a child’s share (T.C.A. 31-2-104) (secondary source) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | Not yet verified, check your state statute | Not yet verified, check your state statute |
| Texas | Community property: all to spouse. Separate property: 1/3 of personal property + life estate in 1/3 of land (Tex. Est. Code 201.002, 201.003) | Schedule: 5% of cash actually received and paid out, capped at 5% of the estate’s gross value (cash on hand, life insurance and payouts to heirs excluded) (Tex. Est. Code 352.002) | $15,660 on $313,200 (5.0%) | Notice to creditors within 1 month of letters; presentment deadlines not verified (Tex. Est. Code 308.051) | Small estate affidavit: up to $75,000, not counting homestead and exempt property (Tex. Est. Code 205.001) |
| Utah | Entire estate (Utah Code 75-2-102) | Unverified: Reasonable: Reasonable compensation (section not separately archived). Not yet verified, check your state statute. | Not computed (fee rule not yet verified) | 3 months after first publication of notice (Utah Code 75-3-801) | Affidavit: up to $100,000 (Utah Code 75-3-1201) |
| Vermont | Entire estate (14 V.S.A. 311) | Not yet verified, check your state statute | Not computed (fee rule not yet verified) | 4 months after first publication of notice (14 V.S.A. 1203) | Small estate: up to $45,000, personal property only (14 V.S.A. 1901) |
| Virginia | Entire estate (Va. Code 64.2-200) | Reasonable: Commissions allowed by the commissioner of accounts; no statutory percentage (Va. Code 64.2-1208) | No statutory % / not computed | Not yet verified, check your state statute | Affidavit: personal probate estate up to $75,000; 60 days after death (Va. Code 64.2-601) |
| Washington | All community property + 1/2 of separate property (RCW 11.04.015) | Reasonable: ‘Just and reasonable’ compensation (RCW 11.48.210) | No statutory % / not computed | 4 months after first publication (or 30 days after mailed notice, if later) (RCW 11.40.051) | Affidavit: up to $100,000; 40 days after death (RCW 11.62.010) |
| West Virginia | Entire estate (W. Va. Code 42-1-3) | Reasonable: Reasonable compensation, usually as a commission on receipts (W. Va. Code 44-4-12) | No statutory % / not computed | Not yet verified, check your state statute | Small estate: personal property up to $50,000 and real estate up to $100,000 (W. Va. Code 44-1A-1) |
| Wisconsin | Entire estate (Wis. Stat. 852.01) | Schedule: 2% of inventory value less mortgages/liens, plus net gains (or an agreed rate) (Wis. Stat. 857.05) | $5,894 on $294,700 (2.0%) | Deadline set by court order, 3 to 4 months out (Wis. Stat. 859.01) | Summary assignment / affidavit: up to $50,000 (Wis. Stat. 867.02, 867.03) |
| Wyoming | One-half (W.S. 2-4-101) | Schedule: 10% of first $1,000, 5% to $5,000, 3% to $20,000, 2% above – for the personal representative AND the same for the attorney (W.S. 2-7-803, 2-7-804) | $14,280 on $339,500 (4.21%) | Set by notice; mailed-notice creditors get 3 months after first publication (W.S. 2-7-703) | Affidavit: Wyoming estate up to $400,000 (W.S. 2-1-201) |
What this means for your family
- If you’re married with kids, check your state’s row first. In about half the states, your spouse would end up co-owning the house with your children. If the kids are minors, selling or refinancing can take a court-supervised guardianship. A simple will fixes that. See how much a will costs and your state’s will page, for example Ohio’s.
- A will can waive the bond and name the person you trust. Without one, the court picks an administrator from a priority list, and in many states that person must buy a bond unless every heir signs a waiver.
- The fee formula only touches what goes through probate. Joint ownership, beneficiary designations, transfer-on-death deeds, and living trusts can keep assets out of the fee base. Start with avoiding probate, trust vs. will, and living trust costs.
- Small estates may skip most of this. If the estate is under your state’s limit, an affidavit or short-form process may be enough. See our small estate affidavit guide and small-estate limits vs. home values. Many limits exclude real estate, so a family with a house often doesn’t qualify.
- Already handling a parent’s estate? Our probate process explainer, settling an estate checklist, and probate costs by state walk through the steps.
Methodology
Statutes. On Oct. 1, 2026 we downloaded each state’s intestacy, executor-compensation, bond, creditor-claim, and small-estate sections from the official legislative or code website wherever possible, and saved a copy with a timestamp and SHA-256 hash. The rules in the table are summaries of that text, not legal advice. Each cell has a confidence code in the CSV:
- A: current official text, downloaded and read.
- B: an official source we read another way. That includes Hawaii’s official site (read through a fetch tool after a direct download was blocked), Louisiana’s official bill digest, Texas and New York text from public.law copies of the official code, and older official-code releases for Georgia (Nov. 2022), Arkansas (Nov. 2020), Mississippi (July 2020), and Tennessee (May 2021). Older releases can miss later amendments.
- C: secondary copies only (Justia, FindLaw, onecle). Shown in the table as “secondary source.”
- U: not verified. Shown in the table as “Not yet verified” or “Unverified.”
“Spouse’s share” describes one common family: married, all of the children belong to both spouses, and the surviving spouse has no other children. Blended families, no-children families, and community-property splits get different shares. Read your state’s statute.
Home values. U.S. Census Bureau, American Community Survey 2024 1-year estimates, table B25077 (median value of owner-occupied housing units), pulled from api.census.gov/data/2024/acs/acs1. U.S. median: $360,600. ACS 2025 estimates were not yet in the Census API when we pulled the data.
Illustrative fee. For each state whose statute sets a percentage schedule, cap, or presumed-reasonable amount, we applied it to an estate equal to the median home value. We assumed:
- The home is the only asset, sold through probate, and mortgage-free.
- Only ordinary services, with no extraordinary fees.
Where the statute sets the attorney fee too (California, Wyoming) or caps it at the same schedule (Iowa), or sets a presumed-reasonable attorney schedule (Florida), we added it.
Statute source pages (all fetched Oct. 1, 2026):
Related research: the intestacy gap shows how many unmarried couples and stepchildren these default rules leave out in each state.
Related research: who will be your executor counts people 65 and older with no spouse, state by state.
FAQ
If I die without a will, does my spouse get everything?
Only in some states, and usually only when all of your children are also your spouse’s children. In our table, that’s true in 22 jurisdictions for the typical first-marriage family. In the others, your spouse shares with your children, sometimes after taking a fixed dollar amount first.
Are executor fees really set by law?
In 21 states, the statute sets a schedule, a cap, or a presumed-reasonable amount. Elsewhere the law says “reasonable compensation,” and the court decides if anyone objects. Family members serving as administrator can also turn the fee down.
How long does probate take without a will?
At a minimum, until the creditor claim window closes. That’s 2 to 8 months in most states, and up to a year in Massachusetts and Pennsylvania. Selling a house, finding heirs, or a dispute adds time.
Can my family skip probate if the estate is small?
Often, yes. Every state has some shortcut, but the limits vary widely, from $15,000 in Rhode Island (not counting tangible personal property) to $400,000 in Wyoming. Many limits leave out real estate.
Is this legal advice?
No. It’s a plain-English summary of state statutes as we read them on Oct. 1, 2026. Rules marked “secondary source” or “not yet verified” need checking, and court rules or local practice can change the picture. Talk to a probate attorney in your state.
Cite this data
Family Estate Guide, “The Cost of Dying Without a Will in Every State” (2026), https://familyestateguide.com/estate-planning-data/cost-of-dying-without-a-will-by-state/. Based on state statutes retrieved Oct. 1, 2026 and U.S. Census Bureau ACS 2024 1-year estimates (B25077).
You’re welcome to use the table or a chart with a link back to this page. The full CSV, including statute citations and confidence codes, is in the Downloads section above.
Published October 1, 2026. Data vintage: Statutes read Oct 1, 2026; home values from ACS 2024 1-year (B25077), released Sept 2025. Editorial standards.