CFCleanout FinderGet Featured
← Guides

For executors and families

Probate basics by state

Short answer: probate is handled by a local court or office, and its name changes by state: circuit court in Florida and Virginia, the Register of Wills in Pennsylvania, the clerk of superior court in North Carolina, the Surrogate's Court in New York, the County Surrogate in New Jersey, and the probate court in Texas, Ohio and Georgia. Most states also have a simpler path for small estates. Below are the basics and the official links for the ten states where Cleanout Finder lists the most crews.

Not legal, tax or financial advice. This guide is general information compiled from the official sources listed at the bottom of the page. Rules change and every estate is different. For decisions about a will, probate, taxes or selling property, talk to a licensed attorney or tax professional in the state where the person lived. We only state facts the linked official pages confirm, as of November 2026.

Where a cleanout fits in probate

A house full of belongings is part of the estate. The person with legal authority, usually the executor or a court-appointed administrator or personal representative, is the one who should approve selling, giving away or clearing it. Before a crew arrives, set aside the will, deeds, titles, account statements and insurance papers that the court process will need. Our step-by-step guide and printable checklist cover what to keep.

Florida

Who handles it: Circuit court, through the clerk of the circuit court in the county where the person lived

  • Florida calls the executor a "personal representative." A circuit judge appoints that person and issues Letters of Administration (The Florida Bar).
  • Whoever has the original will must deposit it with the clerk of the court within 10 days after learning of the death (Fla. Stat. s. 732.901).
  • Summary administration, a simpler process, may be used when the estate subject to administration in Florida, less exempt property, does not exceed $150,000, or when the person has been dead more than 2 years (Fla. Stat. s. 735.201, 2026 Florida Statutes). Older guides, including The Florida Bar's pamphlet, still show the earlier $75,000 limit.
  • Accounts with payable-on-death or transfer-on-death designations, jointly held property with survivorship rights, and life insurance payable to a named beneficiary generally pass outside probate (The Florida Bar).

Official resources

Clearing a house in Florida? Tampa cleanout crews · All Florida cities · Checked 2026-11-02

Texas

Who handles it: Probate court; small estate affidavits usually go to the court in the county where the person lived at death

  • A will generally must be filed within four years after the date of death (TexasLawHelp.org).
  • The person managing the estate is called an executor if there was a will, or an administrator if there was not (TexasLawHelp.org).
  • A small estate affidavit is available only if the person died without a will, left no more than $75,000 in property (not counting a qualifying homestead, exempt property and non-probate property), and the assets are worth more than the debts (TexasLawHelp.org).

Official resources

Clearing a house in Texas? Houston cleanout crews · All Texas cities · Checked 2026-11-02

Virginia

Who handles it: Circuit court of the county or city where the person lived (Virginia has no separate probate court)

  • The will is usually probated by the clerk or a deputy clerk of the circuit court, not a judge. Anyone interested in the will may appeal to the judge within six months of the clerk's order (Virginia Court Clerks' Association pamphlet, hosted by Virginia's Judicial System).
  • A small estate affidavit may be used when the person's entire personal probate estate does not exceed $75,000, at least 60 days have passed since the death, and no personal representative has been applied for or appointed (Va. Code s. 64.2-601).

Official resources

Clearing a house in Virginia? Richmond cleanout crews · All Virginia cities · Checked 2026-11-02

Pennsylvania

Who handles it: The Register of Wills in the county where the person lived; the orphans' court division hears small estate petitions

  • The statewide form to open an estate is a Petition for Grant of Letters filed with the county Register of Wills (Unified Judicial System of Pennsylvania).
  • A small estate petition may be filed with the orphans' court division of the county where the person lived when their property has a gross value not exceeding $50,000 (20 Pa.C.S. s. 3102, as amended by Act 35 of 2013).

Official resources

Clearing a house in Pennsylvania? Philadelphia cleanout crews · All Pennsylvania cities · Checked 2026-11-02

Arizona

Who handles it: Probate court (the Arizona Judicial Branch uses "Probate Court" as a general term for the court that hears estate matters)

  • Personal property can be collected by affidavit 30 days after death when the personal property, less liens, does not exceed $200,000 and no personal representative has been appointed (A.R.S. s. 14-3971).
  • Real property can be transferred by affidavit no sooner than six months after death when the Arizona real property, less liens, does not exceed $300,000 (A.R.S. s. 14-3971).
  • The Arizona Judicial Branch's Self-Service Center offers court forms and legal information, and notes that court staff can give legal information but not legal advice.

Official resources

Clearing a house in Arizona? Phoenix cleanout crews · All Arizona cities · Checked 2026-11-02

North Carolina

Who handles it: The clerk of superior court in the appropriate county

  • A will has no legal effect until it is probated by a court, usually the clerk of superior court (North Carolina Judicial Branch).
  • Unless the person set up complete alternatives before death, estate administration is handled mainly in the office of the clerk of superior court (North Carolina Judicial Branch).
  • For small estates, personal property can be collected by affidavit any time after 30 days from the death when it does not exceed $20,000, or $30,000 when the surviving spouse is the sole heir (N.C. Gen. Stat. s. 28A-25-1).

Official resources

Clearing a house in North Carolina? Charlotte cleanout crews · All North Carolina cities · Checked 2026-11-02

Ohio

Who handles it: The probate court of the county

  • A probate court may release an estate from administration when the assets are worth $35,000 or less, or $100,000 or less when everything passes to the surviving spouse by will or by law (Ohio Rev. Code s. 2113.03).

Official resources

Clearing a house in Ohio? Cleveland cleanout crews · All Ohio cities · Checked 2026-11-02

New York

Who handles it: Surrogate's Court (procedures are set by the Surrogate's Court Procedure Act)

  • The small estate (voluntary administration) procedure covers personal property with a gross value of $50,000 or less (N.Y. Surrogate's Court Procedure Act s. 1301).
  • That procedure does not apply to real property in New York owned by the person who died (SCPA s. 1302).

Official resources

Clearing a house in New York? Brooklyn cleanout crews · All New York cities · Checked 2026-11-02

New Jersey

Who handles it: The County Surrogate's office

  • The county surrogate is an elected constitutional officer who serves as judge of the Surrogate's Court and as Deputy Clerk of the Superior Court, Probate Part (New Jersey Courts).

Official resources

Clearing a house in New Jersey? Newark cleanout crews · All New Jersey cities · Checked 2026-11-02

Georgia

Who handles it: The probate court of the county

  • Georgia's probate courts administer wills and estates, and the Council of Probate Court Judges keeps a directory to find your county's court (gaprobate.gov).
  • The standard Petition for Order Declaring No Administration Necessary (GPCSF 9) is only for when the person died without a will, and it needs the unanimous consent of the heirs (O.C.G.A. s. 53-2-40, per the form's instructions).

Official resources

Clearing a house in Georgia? Atlanta cleanout crews · All Georgia cities · Checked 2026-11-02

Not seeing your state? Search for your state court system's self-help or probate page, or call the court clerk in the county where the person lived. Court staff can often explain forms, but as the Arizona Judicial Branch puts it, they give legal information, not legal advice.

Ready for a crew?

Pick your city, send one short request, and local estate cleanout crews contact you directly. Free for families.

TampaOrlandoJacksonvilleHoustonAtlantaPhoenixCharlotteRichmond

Find your city and request quotesTop Rated 2026 crews

Run a cleanout business?

Executors and families read these guides before they hire. Claim your free listing, or get Featured so your crew is first in your city.

Add or claim your free listingGet Featured

Frequently asked questions

What is probate?

The North Carolina Judicial Branch describes two meanings: probate is another word for estate administration, the court-supervised process of collecting a person's assets, paying valid debts and distributing what is left; and probating a will is the court deciding that a will is valid.

Does everything a person owned go through probate?

No. The Florida Bar explains that accounts with payable-on-death or transfer-on-death designations, property held jointly with survivorship rights, and life insurance payable to a named beneficiary generally pass outside probate. Property in the person's sole name generally goes through it.

Is there a simpler process for small estates?

Every state on this page has one, with its own limits. For example, Virginia allows a small estate affidavit for a personal probate estate up to $75,000 after 60 days, North Carolina allows collection by affidavit up to $20,000 ($30,000 when the spouse is the sole heir) after 30 days, and New York's voluntary administration covers personal property up to $50,000.

Who is in charge of the estate?

The FTC explains that the executor is the person named in a will to carry out its terms, and that if there is no will a court may appoint an administrator or personal representative. That person is responsible for settling the estate's debts.

Sources

Every fact on this page comes from one of these pages. Check them for updates before you act.

  1. North Carolina Judicial Branch, Estates (what probate and estate administration mean) (as of 2026)
  2. The Florida Bar, Probate in Florida (probate vs non-probate assets) (as of 2026)
  3. Federal Trade Commission, Debts and deceased relatives (as of 2026)
  4. Florida, The Florida Bar: Probate in Florida (consumer pamphlet) (as of 2026)
  5. Florida, Florida Statutes s. 735.201, Summary administration (as of 2026)
  6. Florida, Florida Statutes s. 732.901, Production of wills (as of 2026)
  7. Texas, TexasLawHelp.org: Probate court basics (as of 2026)
  8. Texas, TexasLawHelp.org: Small estate affidavits (as of 2026)
  9. Virginia, Virginia's Judicial System: Probate in Virginia (PDF) (as of 2026)
  10. Virginia, Code of Virginia s. 64.2-601, Small estates (as of 2026)
  11. Pennsylvania, Pennsylvania Courts: Petition for Grant of Letters (PDF form) (as of 2026)
  12. Pennsylvania, Pennsylvania General Assembly: Act 35 of 2013 (small estates up to $50,000) (as of 2026)
  13. Arizona, Arizona Judicial Branch: Probate forms and resources (as of 2026)
  14. Arizona, Arizona Revised Statutes s. 14-3971, Small estates by affidavit (as of 2026)
  15. North Carolina, North Carolina Judicial Branch: Estates (as of 2026)
  16. North Carolina, N.C. Gen. Stat. s. 28A-25-1, Collection of property by affidavit (as of 2026)
  17. Ohio, Ohio Revised Code s. 2113.03, Release from administration (as of 2026)
  18. New York, NY Courts CourtHelp: When someone dies (as of 2026)
  19. New York, NY Surrogate's Court Procedure Act s. 1301 (as of 2026)
  20. New Jersey, New Jersey Courts: County Surrogate (as of 2026)
  21. Georgia, Council of Probate Court Judges of Georgia (as of 2026)
  22. Georgia, GPCSF 9: Petition for Order Declaring No Administration Necessary (PDF) (as of 2026)

Related guides