Wills & Probate
What happens to someone’s money and property after they die is set mostly by state law: who inherits if there is no will, what it takes to make a will valid, whether a handwritten will counts, and the shortcut for small estates that skips full probate.
Know your options
- No will = the state’s default: If someone dies without a will (“intestate”), a state formula decides who inherits — usually a spouse and children in set shares. It may not match what the person actually wanted.
- A valid will controls: Nearly every state requires a will to be written, signed, and witnessed by two people. Done right, your wishes — not the state’s formula — control who gets what.
- Handwritten wills are risky: Some states honor a fully handwritten (“holographic”) will with no witnesses; many do not. Even where allowed, they invite disputes and delays.
- Small estates skip full probate: Most states let a small estate pass with a simple affidavit or a short “summary” process instead of full, months-long probate — but the dollar limit varies widely.
Your state’s rules
Pick your state above to see your rules.
Alabama
- No will — who inherits
- Spouse gets the first $50,000 plus ½ of the rest when the children are shared; children take the other half.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- Small-estate affidavit for modest estates (the cap is adjusted yearly for inflation), 30 days after death.
Alaska
- No will — who inherits
- Spouse inherits everything if all children are shared; if either of you has other children, the spouse gets the first $150,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if other personal property is $50,000 or less (vehicles up to $100,000), 30 days after death.
Arizona
- No will — who inherits
- Spouse inherits everything if all children are shared; if not, the spouse keeps its community-property half plus ½ of separate property, and the children take the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people (A.R.S. § 14-2502).
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit (since Sept 26, 2025) if personal property is $200,000 or less / real property $300,000 or less.
Arkansas
- No will — who inherits
- Married 3+ years: the spouse takes ½ and the children ½. Married under 3 years: the spouse’s share is smaller (a dower/curtesy interest).
- Making a valid will
- Written, signed, and witnessed by 2 people age 18+.
- Handwritten (holographic) wills
- Allowed — a fully handwritten, signed will is valid, but 3 disinterested people must prove the handwriting.
- Small-estate shortcut
- Small-estate affidavit if the estate (after debts) is $100,000 or less, 45 days after death.
California
- No will — who inherits
- Spouse keeps all community property and gets ½ of separate property if you leave one child (⅓ if two or more); children take the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people present at the same time (Probate Code § 6110).
- Handwritten (holographic) wills
- Allowed — a will fully in your own handwriting and signed is valid with no witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is under $239,700 (deaths on/after Apr 1, 2026), 40 days after death.
Colorado
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child who isn’t the spouse’s, the spouse gets the first $215,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people (or notarized).
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if personal property is about $86,000 or less (adjusted yearly) and there’s no real estate.
Connecticut
- No will — who inherits
- Spouse gets the first $100,000 plus ½ of the rest when all children are shared; children take the other half.
- Making a valid will
- Written, signed, and witnessed by 2 people who sign in front of you.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses.
- Small-estate shortcut
- Small-estate procedure if the estate is $40,000 or less with no real estate.
Delaware
- No will — who inherits
- Spouse gets the first $50,000 plus ½ of the rest of the personal property (and life use of the real estate) when the children are shared.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- A handwritten will works only if it has the 2 required witnesses.
- Small-estate shortcut
- Small-estate affidavit if assets are $30,000 or less (no solely-owned real estate), 30 days after death.
Florida
- No will — who inherits
- Spouse inherits everything if all children are shared; if either of you has other children, the spouse gets ½ and the children ½.
- Making a valid will
- Written, signed, and witnessed by 2 people who sign in front of you and each other.
- Handwritten (holographic) wills
- Not allowed — a handwritten will must still meet the 2-witness rule.
- Small-estate shortcut
- Summary administration if assets are $150,000 or less (raised from $75,000 on July 1, 2026) or the person died 2+ years ago.
Georgia
- No will — who inherits
- Spouse and children share equally, but the spouse never gets less than a ⅓ share.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses.
- Small-estate shortcut
- If there’s no will, heirs can petition for “no administration necessary” (no dollar cap).
Hawaii
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child who isn’t the spouse’s, the spouse gets the first $100,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is $100,000 or less (vehicles not counted).
Idaho
- No will — who inherits
- Spouse keeps the community-property half; for separate property, the spouse gets ½ and the children ½.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if personal property is under $100,000 (no real estate), 30 days after death.
Illinois
- No will — who inherits
- Spouse and children split the estate 50/50 (spouse takes everything if there are no children).
- Making a valid will
- Written, signed, and witnessed by 2 credible people who sign in front of you.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses.
- Small-estate shortcut
- Small-estate affidavit if the personal estate is under $100,000.
Indiana
- No will — who inherits
- Spouse and children split the estate 50/50 (children share their half equally).
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate (minus liens) is $100,000 or less, with no real estate to transfer.
Iowa
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child who isn’t the spouse’s, the spouse gets the first $50,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- Small-estate affidavit if the estate is $50,000 or less (no real estate), 40 days after death.
Kansas
- No will — who inherits
- Spouse and children split the estate 50/50 (spouse takes everything if there are no children).
- Making a valid will
- Written, signed, and witnessed by 2 people who are not beneficiaries.
- Handwritten (holographic) wills
- Not allowed — a wholly handwritten, unwitnessed will is invalid.
- Small-estate shortcut
- Small-estate affidavit if the estate (excluding real estate) is $75,000 or less.
Kentucky
- No will — who inherits
- Under “dower/curtesy,” the spouse gets ½ of your real estate and ½ of your personal property (plus a $30,000 exemption); the other half passes to your children.
- Making a valid will
- Written, signed, and — unless entirely handwritten — witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will wholly in your own handwriting and signed needs no witnesses.
- Small-estate shortcut
- Small-estate affidavit if personal property is $30,000 or less (no real estate).
Louisiana
- No will — who inherits
- Community property: the surviving spouse already owns their ½. Children inherit the deceased’s ½; “forced heirship” guarantees a share to children under 24 or those with disabilities.
- Making a valid will
- A notarial will signed before a notary and 2 witnesses.
- Handwritten (holographic) wills
- Allowed — an “olographic” will entirely handwritten, dated, and signed by you is valid.
- Small-estate shortcut
- Small-succession affidavit for estates under $125,000 with no real estate.
Maine
- No will — who inherits
- Spouse gets the first $50,000 plus ½ of the rest when the children are shared; children take the other half.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is $40,000 or less.
Maryland
- No will — who inherits
- With surviving children, the spouse gets ½ (or the first $40,000 plus ½ if none of the children are minors); children take the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed for most people (a narrow exception exists for members of the armed forces).
- Small-estate shortcut
- Small-estate process if probate assets are $50,000 or less ($100,000 if the spouse is the only heir).
Massachusetts
- No will — who inherits
- Spouse inherits everything if all children are shared; if either of you has other children, the spouse gets the first $100,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses.
- Small-estate shortcut
- Voluntary administration if there’s $25,000 or less in personal property (plus one car) and no real estate.
Michigan
- No will — who inherits
- Spouse inherits everything if all children are shared; otherwise the spouse gets a large set amount (about $301,000 in 2026) plus a share.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a dated will with the signature and key parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate (after liens) is about $50,000 or less (adjusted yearly), 28 days after death.
Minnesota
- No will — who inherits
- Spouse inherits everything if all children are shared; if either of you has other children, the spouse gets the first $225,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- Affidavit for collection if the estate is $75,000 or less.
Mississippi
- No will — who inherits
- Spouse and children share equally — each child and the spouse take an equal portion.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will entirely handwritten, dated, and signed by you is valid.
- Small-estate shortcut
- Small-estate affidavit if the estate is $75,000 or less (no real estate), 30 days after death.
Missouri
- No will — who inherits
- Spouse gets the first $20,000 plus ½ of the rest when the children are shared; children take the remaining half.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will entirely in your own handwriting and signed is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate (minus debts) is $40,000 or less, 30 days after death.
Montana
- No will — who inherits
- Spouse inherits everything if all children are shared; with a child from another relationship, the spouse gets the first $100,000–$150,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is $50,000 or less, 30 days after death.
Nebraska
- No will — who inherits
- Spouse gets the first $100,000 plus ½ of the rest if all children are shared; with a child from another relationship, the spouse gets ½.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- Small-estate affidavit if the estate is under $50,000, with no real estate.
Nevada
- No will — who inherits
- Community property goes to the spouse. For the rest: with one child, spouse and child split it 50/50; with two or more children, the spouse gets ⅓.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a dated, signed will in your own handwriting is valid.
- Small-estate shortcut
- Small-estate affidavit if the estate is $25,000 or less ($100,000 if the claimant is the surviving spouse), 40 days after death.
New Hampshire
- No will — who inherits
- Spouse gets the first $250,000 plus ½ of the rest if all children are shared; children take the other half.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- No small-estate affidavit; instead a “waiver of administration” streamlines simple estates (e.g., a sole-beneficiary spouse).
New Jersey
- No will — who inherits
- Spouse inherits everything if all children are shared; if either of you has other children, the spouse gets the first 25% (min $50,000, max $200,000) plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- No formal administration needed if the estate is $50,000 or less and there’s a surviving spouse ($20,000 for other heirs).
New Mexico
- No will — who inherits
- The spouse takes all community property; for separate property, the spouse gets ¼ and the children ¾.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- Small-estate affidavit if the estate (after debts) is $50,000 or less (no real estate), 30 days after death.
New York
- No will — who inherits
- Spouse gets the first $50,000 plus ½ of the rest; children split the other half. Spouse takes all if there are no children.
- Making a valid will
- Written, signed at the end, and witnessed by 2 people within 30 days of each other.
- Handwritten (holographic) wills
- Not allowed for most people (narrow exceptions for active-duty military and mariners at sea).
- Small-estate shortcut
- Voluntary “small estate” administration if personal property is under $50,000.
North Carolina
- No will — who inherits
- The spouse’s share depends on the number of children: with one child, the spouse gets ½ of the real estate, the first $60,000, and ½ of the remaining personal property.
- Making a valid will
- Written, signed, and witnessed by 2 competent people.
- Handwritten (holographic) wills
- Allowed — a will fully in your handwriting and signed can be valid, but it’s harder to prove.
- Small-estate shortcut
- Small-estate affidavit if personal property (after the spouse’s allowance) is $20,000 or less ($30,000 if the spouse is the sole heir).
North Dakota
- No will — who inherits
- Spouse inherits everything if all children are shared; with a child from another relationship, the spouse gets a large set amount plus a share.
- Making a valid will
- Written, signed, and witnessed by 2 people (or notarized).
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate (after liens) is $50,000 or less.
Ohio
- No will — who inherits
- Spouse inherits everything if all children are shared; with a child who isn’t the spouse’s, the spouse gets the first $20,000 plus a share and the children take the rest.
- Making a valid will
- Written, signed, and witnessed by 2 competent people (ORC § 2107.03).
- Handwritten (holographic) wills
- A handwritten will works only if it has the 2 required witnesses — unwitnessed holographic wills are not recognized.
- Small-estate shortcut
- Release from administration if assets are $35,000 or less ($100,000 if everything goes to a surviving spouse).
Oklahoma
- No will — who inherits
- Spouse and children split the estate; if all children are shared, the spouse gets ½; a child from another relationship can shift the spouse to an equal share with the children.
- Making a valid will
- Written, signed, and witnessed by 2 people who sign at your request.
- Handwritten (holographic) wills
- Allowed — a will entirely handwritten, dated, and signed by you is valid.
- Small-estate shortcut
- Small-estate affidavit if personal property is $50,000 or less (no real estate).
Oregon
- No will — who inherits
- Spouse inherits everything unless you leave a child who isn’t the spouse’s — then the spouse gets ½.
- Making a valid will
- Written, signed, and witnessed by 2 people who sign before you die.
- Handwritten (holographic) wills
- Not allowed — Oregon does not recognize handwritten (holographic) wills.
- Small-estate shortcut
- Small-estate affidavit if personal property is $75,000 or less and real estate $200,000 or less (≤ $275,000 total).
Pennsylvania
- No will — who inherits
- Spouse inherits everything if there are no children or parents; with shared children, the spouse gets the first $30,000 plus ½ of the rest.
- Making a valid will
- Written and signed at the end; Pennsylvania does not require witnesses at signing (2 people prove your signature at probate).
- Handwritten (holographic) wills
- Allowed — a fully handwritten, signed will is valid.
- Small-estate shortcut
- Small-estate petition if the personal estate is $50,000 or less.
Rhode Island
- No will — who inherits
- Spouse gets ½ of the personal property and a life use of the real estate; children can inherit up to $150,000 of the real estate’s value plus the remainder.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses (except for military members).
- Small-estate shortcut
- Small-estate process only if personal property is under $15,000 with no real estate.
South Carolina
- No will — who inherits
- Spouse gets ½ and the children split the other half (spouse takes everything if there are no children).
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — a handwritten will still needs 2 witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is $25,000 or less.
South Dakota
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child who isn’t the spouse’s, the spouse gets the first $100,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a dated will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the personal-property estate is under $100,000.
Tennessee
- No will — who inherits
- Spouse and children share equally, but the spouse’s share is never less than ⅓.
- Making a valid will
- Written, signed, and witnessed by 2 people who watch you sign.
- Handwritten (holographic) wills
- Allowed — a will with the signature and key parts in your handwriting is valid; 2 people prove the handwriting.
- Small-estate shortcut
- Small-estate affidavit if the estate is $50,000 or less, 45 days after death.
Texas
- No will — who inherits
- Spouse and children share the estate; a surviving spouse keeps the community-property half if all children are also the spouse’s.
- Making a valid will
- Written, signed, and witnessed by 2 credible people over age 14.
- Handwritten (holographic) wills
- Allowed — a will entirely in your own handwriting and signed needs no witnesses.
- Small-estate shortcut
- Small-estate affidavit if assets (minus the homestead) are under $75,000, no will, 30 days after death.
Utah
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child who isn’t the spouse’s, the spouse gets the first $75,000 plus ½ of the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will with the signature and material parts in your handwriting is valid without witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is $100,000 or less (no real estate), 30 days after death.
Vermont
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child from another relationship, the spouse and those children split the estate 50/50.
- Making a valid will
- Written, signed at the end, and witnessed by 2 people.
- Handwritten (holographic) wills
- Not allowed — Vermont law has no provision for handwritten (holographic) wills.
- Small-estate shortcut
- Simplified small-estate process if personal property is $45,000 or less and there’s no real estate (other than a timeshare).
Virginia
- No will — who inherits
- Spouse inherits everything unless you leave a child who isn’t the spouse’s — then the spouse gets ⅓ and the children ⅔.
- Making a valid will
- Written, signed, and witnessed by 2 people who sign after seeing you sign.
- Handwritten (holographic) wills
- Allowed — a will wholly in your handwriting and signed is valid; 2 people must later confirm the handwriting.
- Small-estate shortcut
- Small-estate affidavit if the personal estate is $50,000 or less.
Washington
- No will — who inherits
- Spouse keeps all community property plus ½ of separate property; children take the other half of separate property.
- Making a valid will
- Written, signed in front of 2 competent witnesses who sign (or attest by affidavit).
- Handwritten (holographic) wills
- Not allowed — Washington does not recognize handwritten wills made in-state.
- Small-estate shortcut
- Small-estate affidavit if probate assets are $100,000 or less (RCW 11.62).
West Virginia
- No will — who inherits
- Spouse inherits everything if all children are shared; if you leave a child who isn’t the spouse’s, the spouse gets ½.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will wholly in your own handwriting and signed needs no witnesses.
- Small-estate shortcut
- Small-estate affidavit if probate assets are $100,000 or less.
Wisconsin
- No will — who inherits
- Spouse inherits everything if all children are shared; if you have children from another relationship, the spouse keeps its marital-property half and ½ of your separate property, and those children take the rest.
- Making a valid will
- Written, signed, and witnessed by 2 people present when you sign.
- Handwritten (holographic) wills
- Not allowed — an unwitnessed handwritten will is invalid.
- Small-estate shortcut
- Transfer by affidavit if the solely-owned probate estate is $50,000 or less.
Wyoming
- No will — who inherits
- Spouse and children split the estate 50/50.
- Making a valid will
- Written, signed, and witnessed by 2 people.
- Handwritten (holographic) wills
- Allowed — a will entirely in your own handwriting and signed needs no witnesses.
- Small-estate shortcut
- Small-estate affidavit if the estate is $200,000 or less, 30 days after death.
Educational only — not legal advice. Laws change; confirm the current rule with the linked official source before you rely on it.
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