How long does probate take?
Short answer: It depends on the state and the estate. Every state sets a period for creditors to file claims, which sets a minimum, and contested or complex estates take longer. Simplified procedures can be much faster.
The rule in every state
Each answer links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | The rule |
|---|---|
| Alabama | Deadline for creditor claims: Claims must be filed in the probate judge's office within six months after letters are granted or five months after the first published notice, whichever is later. A known creditor entitled to mailed notice has at least 30 days after that notice. Claims not filed in time are barred. Ala. Code §§ 43-2-350, 43-2-61 Simplified probate: The main simplified option is summary distribution under the Revised Alabama Small Estates Act (see small estate). A will can also excuse the executor from filing an inventory, reports or a final settlement unless an interested person shows their interest is at risk or the judge finds the estate may be wasted. Ala. Code §§ 43-2-692, 43-2-311 |
| Alaska | Deadline for creditor claims: Creditors must present claims within four months after the first publication of the notice to creditors. If no notice is published, claims that arose before death are barred three years after death. AS 13.16.450, 13.16.460 Simplified probate: If the inventory shows the estate is worth no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate right away without notice to creditors and close it by filing a sworn closing statement (form P-350). The personal representative's appointment ends one year after the statement is filed if nothing is pending. AS 13.16.690, 13.16.695 |
| Arizona | Deadline for creditor claims: Creditors must present claims within four months after the first published notice. A known creditor who is mailed notice has until the later of four months after publication or 60 days after the mailing. In any case, claims that arose before death are barred two years after death plus any time remaining in a notice period. A.R.S. §§ 14-3801, 14-3803 Simplified probate: Small estate summary procedure: if the inventory shows the estate is worth no more than the allowance in lieu of homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate without notice to creditors and close it with a sworn closing statement. Appointment ends one year after the statement is filed if nothing is pending. A.R.S. §§ 14-3973, 14-3974 |
| Arkansas | Deadline for creditor claims: Claims must be presented to the personal representative or filed with the court within six months after the first publication of the notice to creditors, or they are barred. A creditor who receives actual notice within 30 days before the deadline gets 30 extra days. Claims of known or reasonably ascertainable creditors are barred two years after first publication even without actual notice, and claims are generally barred five years after death if no letters were issued and notice published in that time. Ark. Code Ann. § 28-50-101 Simplified probate: Besides the small estate affidavit, Arkansas allows a will to be probated without appointing a personal representative (the proponents publish the notice to creditors), and allows any heir, distributee or personal representative to petition the circuit court to determine the heirs and their shares in an estate or property, after published and mailed notice. The written inventory can be waived by all competent distributees unless the court requires it. Ark. Code Ann. §§ 28-40-111, 28-53-101, 28-49-110 |
| California | Deadline for creditor claims: A creditor must file a claim by the later of: 4 months after letters are first issued to a general personal representative, or 60 days after notice of administration is mailed or personally delivered to that creditor. This does not extend the separate one-year limit after death for suing on the decedent's debts. Cal. Prob. Code § 9100; Cal. Code Civ. Proc. § 366.2 Simplified probate: Other simplified options: (1) Real property of small value — after 6 months, a successor may file an Affidavit re Real Property of Small Value (DE-305) with the superior court if all California real property is worth no more than $69,625 (deaths on or after April 1, 2025); (2) a petition to determine succession to the decedent's main home in California, up to $750,000 for deaths on or after April 1, 2025; (3) a Spousal or Domestic Partner Property Petition (DE-221) when property passes to the surviving spouse or partner; (4) a small estate set-aside for a surviving spouse and minor children when the net estate is $107,900 or less. In a full probate, the personal representative may also ask for authority under the Independent Administration of Estates Act, which allows many actions with less court supervision. Cal. Prob. Code §§ 6602, 6609, 10400, 13151–13154, 13200, 13650; Judicial Council form DE-300 |
| Colorado | Deadline for creditor claims: The personal representative publishes a notice to creditors once a week for three weeks. Claims that arose before death are barred unless presented by the date in the notice (no earlier than four months after first publication), by the date in any written notice sent to a creditor, and in any case within one year after death. C.R.S. §§ 15-12-801, 15-12-803 Simplified probate: Colorado offers informal probate (no hearing; a probate registrar reviews the application) as well as formal probate. If the inventory shows the estate is worth no more than the exempt property and family allowances, administration costs, reasonable funeral expenses and last-illness medical bills, the personal representative may distribute immediately without notice to creditors and close the estate with a sworn statement. C.R.S. §§ 15-12-1203, 15-12-1204; Colorado Judicial Branch, Open an Estate |
| Connecticut | Deadline for creditor claims: The Probate Court publishes newspaper notice to creditors within 14 days after the first fiduciary is appointed. A fiduciary who pays or distributes in good faith after 150 days from that appointment is not liable for claims presented later. The fiduciary may also send a creditor written notice setting a deadline at least 90 days away; a notified creditor who misses it is barred. In general, no claim may be presented or sued on more than two years after the date of death (or the earlier date the claim's own statute of limitations runs out). Conn. Gen. Stat. §§ 45a-354, 45a-356, 45a-357, 45a-375 Simplified probate: The small estate affidavit procedure (up to $40,000 in solely owned personal property and no solely owned Connecticut real estate) is the main simplified option. In a regular estate, the court may skip a hearing if everyone entitled to notice waives it, or use a 'streamline' notice that lets the court act unless someone asks for a hearing by a set date. Conn. Gen. Stat. § 45a-273; Probate Court Administration of Decedents' Estates User Guide |
| Delaware | Deadline for creditor claims: Claims that arose before or at death are barred unless presented within 8 months of the date of death, whether or not notice to creditors was given. Claims arising after death must generally be presented within 6 months after they arise. If the personal representative rejects a claim in writing, the creditor must sue within 3 months after notice of the rejection. 12 Del. C. § 2102 Simplified probate: Besides the small estate affidavit, the Register of Wills may allow notice to creditors by posting only (no newspaper publication) when the gross personal estate is $30,000 or less and the gross real and personal estate together are $35,000 or less. Delaware has no separate summary administration procedure. 12 Del. C. §§ 2101, 2306 |
| District of Columbia | Deadline for creditor claims: Claims are barred unless presented to the personal representative or filed with the Register of Wills within 6 months after the first publication of notice of the personal representative's appointment. In a small estate, claims are due within 30 days after the single publication. D.C. Code §§ 20-903, 20-704, 20-353 Simplified probate: Small estate administration ($80,000 or less): after the petition, the court appoints a personal representative, may order immediate payment of funeral expenses, and directs one published notice; claims and objections are due within 30 days after publication. Larger estates go through standard (usually unsupervised) administration. D.C. Code §§ 20-351, 20-353 |
| Florida | Deadline for creditor claims: Claims must be filed by the later of 3 months after the first publication of the notice to creditors, or 30 days after a creditor who must be served receives the notice. Late claims are barred unless the court extends the time. In any case, claims are barred 2 years after the date of death unless already timely filed. Fla. Stat. §§ 733.702, 733.710 Simplified probate: Summary administration is available if the will (if any) does not direct regular administration and either the Florida estate subject to administration, less property exempt from creditors (such as protected homestead), is worth no more than $150,000, or the decedent has been dead more than 2 years. A beneficiary or nominated personal representative files the petition; it must be signed and verified by the surviving spouse and the beneficiaries. Before the order, the petitioner must make a diligent search for creditors and provide for known claims. The court then orders distribution directly, without appointing a personal representative. Fla. Stat. §§ 735.201, 735.203, 735.206 |
| Georgia | Deadline for creditor claims: Creditors must give the personal representative written notice of their claims within three months after the last publication of the notice to creditors. A creditor who misses the deadline loses the right to share equally with other creditors of the same priority who have already been paid, but can still be paid if assets remain after higher-priority debts. O.C.G.A. § 53-7-41 Simplified probate: Order declaring no administration necessary: when a person dies without a will and no personal representative has been appointed, any heir may petition the probate court if the estate has no debts (or all known creditors consent or are served) and all heirs have agreed in writing how to divide the property. There is no dollar limit. If real estate is involved, the order is recorded in the deed records of each county where the decedent owned land. Year's support can also pass property to a spouse and minor children without full administration. O.C.G.A. § 53-2-40 |
| Hawaii | Deadline for creditor claims: If notice to creditors is published, claims arising before death must be presented within 4 months after the first publication, or within 60 days after a mailed or delivered notice to a known creditor, whichever is later. If no notice is published or served, claims are barred 18 months after death. Haw. Rev. Stat. §§ 560:3-801, 560:3-803 Simplified probate: If the decedent's Hawaii property is worth $100,000 or less and no personal representative has been appointed, the court may authorize the clerk of the circuit court to administer the estate on a verified petition, without notice or hearing at the court's discretion. Separately, if the inventory shows the estate (less liens) does not exceed the family allowances, exempt property, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close by sworn statement. Informal (unsupervised) probate through the probate registrar is also available. Haw. Rev. Stat. §§ 560:3-1205, 560:3-1203, 560:3-301 |
| Idaho | Deadline for creditor claims: If notice to creditors is published, claims must be presented within four months after the first publication or they are barred. A known creditor who is mailed or handed written notice has until the later of four months after publication or 60 days after the written notice. If no notice is given, pre-death claims are barred three years after death. Idaho Code §§ 15-3-801, 15-3-803 Simplified probate: (1) Surviving spouse summary administration: when the surviving spouse is the only heir or beneficiary, the spouse can file a verified petition and obtain a court decree with no estate administration; there is no dollar limit, but the spouse becomes liable for the decedent's debts. (2) Small estate summary closing: if the inventory shows the estate is worth no more than the homestead allowance, exempt property, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate without notice to creditors and close it with a sworn statement. Idaho Code §§ 15-3-1205, 15-3-1203 |
| Illinois | Deadline for creditor claims: The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened. 755 ILCS 5/18-3, 5/18-12 Simplified probate: Summary administration: if the gross value of the decedent's real and personal estate in Illinois is $100,000 or less, all heirs and beneficiaries consent in writing, debts and taxes are listed or paid, and each distributee posts a refunding bond, the court can order distribution on summary administration without a full probate. Illinois also allows independent administration (with less court supervision) in regular probate. 755 ILCS 5/9-8 |
| Indiana | Deadline for creditor claims: Claims must be filed with the court within three months after the first published notice to creditors (or, for a beneficiary named in a will whose probate is later revoked, within three months after the revocation, if later). A known or reasonably ascertainable creditor who was not served notice within one month after the first publication, and is served later, must file within two months after being served. All claims are barred if not filed within nine months after death. Claims of the United States, the state or its political subdivisions are not subject to these filing deadlines, but the state's Medicaid estate recovery unit must file its claim within nine months after death. Mortgages and other liens can still be enforced, and negligence claims against a deceased person's estate can be brought within the tort statute of limitations. IC 29-1-14-1(a), (d)-(g), 29-1-7-7(d)-(g) Simplified probate: Small estate summary closing: if the estate (minus liens) is no more than $100,000 plus administration costs and reasonable funeral expenses (for deaths after June 30, 2022), the personal representative of an unsupervised estate or another court-appointed fiduciary may distribute the estate without notice to creditors and close it with a closing statement. When real estate is involved, an affidavit with the legal description and each person's share may be recorded with the county recorder. IC 29-1-8-3 |
| Iowa | Deadline for creditor claims: Claims must be filed with the clerk within four months after the second publication of the notice to creditors or, for a creditor whose identity is reasonably ascertainable, one month after notice is mailed to them, whichever is later; otherwise they are barred. State Medicaid recovery claims have six months after electronic notice. Iowa Code § 633.410 Simplified probate: Small estate administration: when the gross value of the probate assets subject to Iowa jurisdiction is $200,000 or less, the clerk issues letters to the proposed personal representative on a petition, and the estate can be closed by a sworn closing statement served on interested parties (who have 30 days to object) instead of a formal final report. The personal representative's fee is capped at 3% of the gross probate assets unless services are itemized. An estate can be converted to or from a small estate if its value changes. Iowa Code §§ 635.1, 635.7, 635.8 |
| Kansas | Deadline for creditor claims: Claims must be presented within four months after the first publication of the notice to creditors or, for known or reasonably ascertainable creditors, within 30 days after they receive actual notice, whichever is later. Creditors generally lose their claims against the decedent's property (other than existing liens) unless a probate or administration petition is filed within six months after the death. Tort claims covered by the usual statute of limitations are treated separately. K.S.A. 59-2239, 59-2236 Simplified probate: Kansas offers several simpler options: (1) Simplified estates act: when asked in the petition, the court decides whether the estate may be administered with less court supervision, considering the estate's size, family relationships, solvency, wishes of heirs and cost; an interested person can object and ask for supervised administration. (2) Informal administration act: the court can enter orders assigning all assets to the proper beneficiaries or heirs after debts are paid. (3) Determination of descent: if someone has been dead more than six months and no will was filed or probate or administration petition opened, an interested person can petition the court to determine who inherits the property (often used for real estate). There is no fixed dollar limit for these procedures in the statutes cited. K.S.A. 59-3202, 59-3206, 59-3301, 59-3304, 59-2250 |
| Kentucky | Deadline for creditor claims: Claims that arose before death are barred unless presented within six months after the personal representative is appointed, or, if no representative is appointed, within two years after death. Secured claims (to the extent of the security) and claims covered by liability insurance are not affected. KRS 396.011 Simplified probate: Options include: (1) dispensing with administration when the $30,000 spouse/children exemption plus preferred claims covers all distributable assets (KRS 395.455); (2) dispensing with administration by written agreement of all beneficiaries when there are no debts, creditors have been advertised for, and taxes are provided for (KRS 395.470); and (3) an informal final settlement, available six months after appointment, where the fiduciary is the sole beneficiary or all beneficiaries sign verified waivers (KRS 395.605). KRS 395.455, 395.470, 395.605 |
| Louisiana | Deadline for creditor claims: Creditors submit written claims to the succession representative, who must accept or reject each claim within 30 days; no answer within 30 days counts as a rejection. A creditor may sue to enforce a claim only after it is rejected. Louisiana's succession articles do not set a single claims deadline running from a published notice, as many other states do. La. Code Civ. Proc. arts. 3241, 3242, 3246 Simplified probate: Heirs can be 'sent into possession' without a formal administration. With no will, all heirs may file an ex parte petition if all are competent, accept the succession, and the succession is relatively free of debt (only administration expenses, mortgages not in arrears, and small debts). With a probated will, all general and universal legatees may petition to be sent into possession if each accepts and no creditor has demanded administration. Small successions may also use the affidavit procedure, or a court proceeding at half the usual court costs. La. Code Civ. Proc. arts. 3001, 3031, 3422 |
| Maine | Deadline for creditor claims: Creditors must present claims within 4 months after the first publication of the notice to creditors (published once a week for 2 weeks). A creditor mailed notice has until the later of 4 months after publication or 60 days after the mailing. In any case, claims arising before death are barred if not presented within 9 months after death. 18-C M.R.S. §§ 3-801, 3-803 Simplified probate: If the inventory shows the estate is no larger than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate right away without notice to creditors and close it with a sworn closing statement. Maine also offers informal (non-hearing) probate and appointment through the register of probate. 18-C M.R.S. §§ 3-1203, 3-301 |
| Maryland | Deadline for creditor claims: A claim against the estate is barred unless presented by the earlier of (1) 6 months after the date of death, or (2) 2 months after the personal representative mails or delivers written notice to the creditor stating the claim will be barred unless presented within 2 months. Md. Code, Estates & Trusts § 8-103 Simplified probate: Small estate administration (under $50,000, or $100,000 if the spouse is the sole heir or legatee): the petitioner files a petition listing known property, debts and pending lawsuits; the Register may appoint the petitioner, order payment of funeral expenses and family allowances, and publish a notice if property remains. No bond is required if the estate is under $10,000 after expenses and allowances. Separately, 'modified administration' is available for larger estates when all residuary heirs or legatees are the personal representative, close family members exempt from inheritance tax, or qualifying trusts; the estate is solvent; the election is filed within 3 months of appointment; and a final report is filed within 10 months of appointment. Md. Code, Estates & Trusts §§ 5-601 to 5-607, 5-701 to 5-709 |
| Massachusetts | Deadline for creditor claims: A creditor of the deceased generally must start a lawsuit against the personal representative within 1 year after the date of death, and serve the personal representative (or file a notice of the claim with the register) within that year. Exceptions include enforcing a mortgage or other lien on estate property and certain personal injury claims limited to insurance proceeds. M.G.L. c. 190B, § 3-803 Simplified probate: Besides voluntary administration, an estate that is no larger than family allowances, exempt property, administration costs, reasonable funeral expenses and last-illness medical expenses may be distributed right away without notice to creditors and closed with a sworn closing statement. Informal (non-hearing) probate and appointment is also available: the petitioner must give heirs and devisees 7 days' written notice before filing and publish a notice within 30 days after appointment. M.G.L. c. 190B, §§ 3-1203, 3-306 |
| Michigan | Deadline for creditor claims: Claims that arose before death must be presented within 4 months after the notice to creditors is published. A known creditor has until the later of 4 months after publication or 1 month after the mailed notice is sent. If the required notice was not given, claims are barred 3 years after death. Claims arising at or after death generally must be presented within 4 months after they arise (or within the 4-month period, if later). MCL 700.3803; MCL 700.3801 Simplified probate: For a gross estate of $50,000 or less (adjusted each year for inflation), the probate court may, without full administration, order the property used first to pay funeral and burial expenses and then turned over to the surviving spouse or, if none, the heirs. For deaths on or after Jan. 1, 2024, debt on encumbered real property (up to $250,000, also inflation-adjusted) is subtracted when valuing the estate. Heirs other than a qualifying spouse or minor children remain liable for the decedent's unpaid debts, up to what they receive, for 63 days after the order. MCL 700.3982; MCL 700.1210 |
| Minnesota | Deadline for creditor claims: Creditors must present claims within 4 months after the first publication of the notice to creditors (for creditors served directly, the later of 4 months after publication or 1 month after service). Claims not presented are barred 1 year after death, with exceptions for certain state and county medical assistance claims. Minn. Stat. § 524.3-803 Simplified probate: Summary proceedings let the court close an estate summarily when all property is exempt, or when the gross probate value (excluding the exempt homestead and exempt property) is $150,000 or less and goes to the spouse's selection, family allowances and priority expenses and claims. A bond may be required. Minn. Stat. § 524.3-1203 |
| Mississippi | Deadline for creditor claims: Creditors must probate and register their claims within 90 days after the first publication of the notice to creditors, or the claims are barred. Miss. Code Ann. § 91-7-145 |
| Missouri | Deadline for creditor claims: Claims must be filed in the probate division within 6 months after the first publication of notice of letters (or, for a creditor mailed or served notice, 2 months after mailing or service, whichever is later). Most claims are barred 1 year after death whether or not an estate is opened. RSMo §§ 473.360, 473.444 Simplified probate: Refusal of letters: the court may refuse letters when the estate does not exceed the exempt property and family allowances and the spouse or unmarried minor children apply, or, for a creditor (including someone who paid funeral expenses), when the personal estate is $15,000 or less and there is no surviving spouse or unmarried minor child. A bond is generally required unless waived. RSMo § 473.090 |
| Montana | Deadline for creditor claims: Creditors must present claims within 4 months after the first published notice, or for creditors mailed notice, the later of that 4 months or 30 days after mailing. In any case, claims that arose before death are barred 1 year after death if not presented earlier. Mont. Code Ann. §§ 72-3-801, 72-3-803 Simplified probate: If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it right away without notice to creditors and close by sworn statement. Montana also allows informal (non-hearing) probate and appointment through the clerk. Mont. Code Ann. §§ 72-3-1103, 72-3-1104 |
| Nebraska | Deadline for creditor claims: Claims that arose before death must be presented within 2 months after the first published notice to creditors (a late creditor may ask the court within 60 days after that deadline for up to 30 more days for good cause). If proper notice is never given, the limit is 3 years after death. Claims arising after death generally must be presented within 4 months after they arise. Neb. Rev. Stat. § 30-2485 Simplified probate: If the inventory shows the whole estate, less liens, is no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses, the personal representative may distribute it without notice to creditors and close by sworn statement. Nebraska also allows informal probate and appointment without a hearing. Neb. Rev. Stat. § 30-24,127 |
| Nevada | Deadline for creditor claims: Creditors must file claims within 90 days after the first published notice. A creditor who is mailed notice has 30 days after the mailing or 90 days after first publication, whichever is later. In summary administration the 90 days is shortened to 60. Late claims are generally barred, unless the creditor had no notice and files before the final account. NRS 147.040 Simplified probate: Set aside without administration: if the estate does not exceed $150,000, the court may set it aside to the surviving spouse, minor children or others (petition no sooner than 30 days after death). Summary administration: available if the gross estate, after encumbrances, does not exceed $500,000; it shortens the creditor claim period to 60 days. NRS 146.070; NRS 145.040; NRS 147.040(4) |
| New Hampshire | Deadline for creditor claims: A creditor must present a claim to the executor or administrator within 6 months after the original grant of administration, and must sue on the claim within 1 year after the original grant of administration. Time while administration is suspended does not count. N.H. RSA 556:1, 556:3, 556:5 Simplified probate: Waiver of administration (RSA 553:32): available when the sole beneficiary or heir (or all of them together, or someone they all agree on) is appointed, or when the court finds it appropriate. No inventory, bond or accounting is required; the estate is closed by filing an affidavit of administration stating there are no outstanding debts, 6 to 12 months after appointment. Summary administration (RSA 553:33): for other estates, the administrator may ask to close without a final account once the estate has been open at least 6 months, with sworn statements that debts and taxes are paid and with the beneficiaries' written assents. Neither procedure has a dollar limit in the statute. Notice of appointment does not have to be published when the gross estate is $10,000 or less. N.H. RSA 553:32, 553:33, 553:16 |
| New Jersey | Deadline for creditor claims: Creditors must present claims to the personal representative in writing and under oath within 9 months after the date of death, stating the amount and details. A personal representative who distributes or pays out assets before a late claim is presented is not liable to that creditor for those assets. N.J.S. 3B:22-4 Simplified probate: For estates with no will, the Surrogate affidavit procedures above replace full administration: up to $50,000 for a surviving spouse or partner, and up to $20,000 for an heir (with the other heirs' written consent) when there is no surviving spouse or partner. N.J.S. 3B:10-3, 3B:10-4 |
| New Mexico | Deadline for creditor claims: Four months after the first published notice to creditors; a creditor sent written notice has until 60 days after mailing or four months after publication, whichever is later. Claims that arose before death are in any case barred one year after death if not presented earlier. Claims arising at or after death generally have four months. NMSA 1978, §§ 45-3-801, 45-3-803 Simplified probate: Most estates use informal probate in the county Probate Court: an application for informal probate (and appointment of a personal representative) is filed, and no court hearing is needed if no one objects. A small estate closing statement (Form 4B-702) is available for estates that qualify. NMSA 1978, Chapter 45 (Uniform Probate Code); Forms 4B-302, 4B-702 NMRA |
| New York | Deadline for creditor claims: Creditors should present claims within 7 months from the date letters are first issued. A claim presented later can still be pursued, but the fiduciary is not liable for estate assets already paid out in good faith to other claims or to beneficiaries before the late claim arrived. N.Y. Surr. Ct. Proc. Act § 1802 Simplified probate: The small-estate voluntary administration procedure (personal property of $50,000 or less) is the main simplified option. Larger estates, and estates with New York real estate, go through full probate (with a will) or administration (without a will) in the Surrogate's Court. N.Y. Surr. Ct. Proc. Act Article 13 (§§ 1301-1302) |
| North Carolina | Deadline for creditor claims: The notice to creditors sets a claim deadline at least three months after the first publication. Creditors mailed a notice have until the later of that date or 90 days after mailing. Pre-death claims not presented on time are barred. Claims arising at or after death must be presented within six months. If no notice is published within three years after death, claims are barred anyway. N.C. Gen. Stat. §§ 28A-14-1, 28A-19-3 Simplified probate: Besides collection by affidavit, a surviving spouse who is the sole heir or sole beneficiary (receiving outright, not in trust) may petition the clerk of superior court for summary administration, unless the will prohibits it. The statute sets no dollar limit for summary administration. N.C. Gen. Stat. § 28A-28-1 |
| North Dakota | Deadline for creditor claims: If the personal representative publishes notice once a week for three successive weeks and mails notice to known or reasonably ascertainable creditors, claims arising before death are barred unless presented within three months after the first publication and mailing. If notice is not published and mailed, claims are barred three years after death. Claims arising after death must generally be presented within three months after they arise (four months after performance is due for contracts with the personal representative). N.D. Cent. Code §§ 30.1-19-01, 30.1-19-03 Simplified probate: North Dakota uses the Uniform Probate Code's informal probate, which can be opened by application to the district court without a hearing; the court must provide forms, and an attorney is not required. If the inventory shows the estate, less liens and encumbrances, does not exceed the homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate immediately without giving notice to creditors and close it by a sworn closing statement. N.D. Cent. Code §§ 30.1-14-01.1, 30.1-23-03, 30.1-23-04 |
| Ohio | Deadline for creditor claims: Creditors must present claims within six months after the decedent's death, in writing to the executor or administrator (or listed counsel) or to the probate court with the case number, subject to limited exceptions in R.C. 2117.061. Ohio Rev. Code 2117.06 Simplified probate: Release from administration: the probate court may relieve an estate from full administration if the estate assets are $35,000 or less, or $100,000 or less when all assets pass to the surviving spouse under the will or by intestacy. The court then orders distribution without appointing an executor or administrator. Ohio Rev. Code 2113.03 |
| Oklahoma | Deadline for creditor claims: In regular probate, the personal representative must file the notice to creditors within two months after letters issue. The notice sets a presentment date at least two months after it is filed; it is published once a week for two consecutive weeks and mailed to known creditors. Claims not presented by that date are barred forever, except that an out-of-state creditor who did not receive mailed notice may present a claim before the final decree. In summary or reduced proceedings, the period is 30 days (or at least one month after filing the notice where the decedent died more than five years before probate began). 58 O.S. §§ 331, 331.1, 333; 58 O.S. §§ 241, 246 Simplified probate: Summary administration: any interested person may petition for summary administration if the estate is worth $200,000 or less, the decedent has been dead more than five years, or the decedent lived in another state. The court issues letters of special administration, orders a combined notice (notice to creditors and notice of final hearing) published once a week for two consecutive weeks and mailed to known creditors and interested persons, and sets the final hearing at least 45 days after the order. Creditors must present claims within 30 days after the order. Separately, in a regular probate where the inventory shows the estate is worth $150,000 or less, the court may on the personal representative's application dispense with regular proceedings, with a 30-day claim period after publication and a hearing at least 35 days after first publication. 58 O.S. §§ 241, 243, 245, 246, 247 |
| Oregon | Deadline for creditor claims: Claims must be presented to the personal representative within four months after the date the notice to interested persons is published, or, for creditors who had to receive mailed notice, within 45 days after that notice is mailed or delivered if that is later. Filing a claim with the court does not count as presenting it. A late claim may still be paid in limited cases if presented before the final account is filed. ORS 113.155; ORS 115.005 Simplified probate: The simple estate affidavit procedure (ORS 114.505 to 114.560) is Oregon's main simplified option for estates within the $75,000 personal property / $200,000 real property limits. The affiant acts as a fiduciary, pays expenses and claims in statutory order, and may be subject to a summary court review if the affiant or an unpaid claiming successor petitions within two years after filing. Larger estates go through regular probate with a court-appointed personal representative. ORS 114.510; ORS 114.545; ORS 114.550 |
| Pennsylvania | Deadline for creditor claims: Pennsylvania does not set a single claim-filing deadline. Creditors present claims by written notice to the personal representative or the representative's attorney. A representative who distributes at his or her own risk is protected from claims not known within one year after the first complete advertisement of the grant of letters (or before the distribution). The representative may also send a written demand requiring a potential claimant to give notice within 60 days or within that one-year period, whichever is later. For real estate distributed at the representative's risk, a claimant must file written notice of the claim with the clerk within one year after death. 20 Pa.C.S. § 3384; § 3532 Simplified probate: Two simplified options exist. (1) Petition for settlement of a small estate: if the decedent died domiciled in Pennsylvania owning personal property (not counting real estate or the direct payments allowed under § 3101, but including property claimed as the family exemption) worth no more than $50,000 gross, any interested party may petition the orphans' court division of the county of domicile, which may order distribution without full administration, whether or not letters were issued; owning real estate does not prevent use of this procedure for the personal property. A decree may be revoked within one year for improper distribution. (2) Where letters have been granted and the gross real and personal estate is $50,000 or less, the personal representative may, one year after the first complete advertisement of letters, petition with an annexed account for approval of distribution and discharge without a formal accounting. A family exemption of $3,500 in real or personal property may also be claimed by the surviving spouse (or, if none, children or then parents living in the decedent's household). 20 Pa.C.S. § 3102; § 3121; § 3531 |
| Rhode Island | Deadline for creditor claims: Claims must be filed with the probate court (with a copy to the executor or administrator) within six months from the first publication of notice, or they are barred. A creditor who missed the deadline through accident, mistake, excusable neglect or lack of adequate notice may ask the court for leave to file late, but only before the estate is distributed. R.I. Gen. Laws §§ 33-11-4, 33-11-5 Simplified probate: The small estates (voluntary administration) procedure for estates of personal property up to $15,000 is the simplified option set out in the Small Estates chapter; it is reviewed by a probate judge and needs no hearing unless the judge orders one. Estates above that amount or with real estate go through regular administration. R.I. Gen. Laws § 33-24-1 |
| South Carolina | Deadline for creditor claims: After notice to creditors is first published, creditors have eight months from the first publication to present claims. A creditor given written notice must present the claim by the earlier of one year after death or 60 days after the notice was delivered. Claims arising before death are barred in any case if not presented within one year after death. S.C. Code §§ 62-3-801, 62-3-803 Simplified probate: If the inventory shows the probate estate, less liens and encumbrances, is not more than $45,000 plus exempt property, allowances and certain costs, the personal representative may publish notice to creditors and then distribute directly without the full process. The same summary procedure is available when the appointed personal representative is the only heir or devisee. The estate is then closed by a sworn closing statement filed after the inventory and court fees. S.C. Code §§ 62-3-1203, 62-3-1204 |
| South Dakota | Deadline for creditor claims: If notice to creditors is published (once a week for three successive weeks), claims must be presented within four months after the first publication. Known or reasonably ascertainable creditors must receive written notice and must present claims within four months after the personal representative's appointment or 60 days after the written notice is mailed or delivered, whichever is later. In all cases, claims arising before death are barred if not presented within three years after the decedent's death. SDCL 29A-3-801; SDCL 29A-3-803 Simplified probate: Besides the two small estate affidavits ($100,000 personal-property estate; $50,000 South Dakota real property), South Dakota follows the Uniform Probate Code: estates are ordinarily administered without court supervision after appointment of a personal representative, and bond is generally not required unless the court finds a bond is in the best interests of the estate. SDCL 29A-3-1201; SDCL 29A-3-1203; SDCL 29A-3-603; SDCL 29A-3-705 |
| Tennessee | Deadline for creditor claims: Creditors must file claims with the probate court clerk within four months after the first publication (or posting) of the notice to creditors; a creditor who receives an actual copy of the notice less than 60 days before that four-month date has 60 days from receiving it. In all cases, claims not filed (or sued on) within 12 months after the date of death are forever barred. Tenn. Code Ann. § 30-2-306; § 30-2-307; § 30-2-310 Simplified probate: Besides the $50,000 small estate procedure, any duly proven will may be admitted to probate only as a 'muniment of title' to real estate and personal property, without issuing letters testamentary or otherwise administering the estate. Personal representatives may also be excused from bond and from filing an inventory in some cases (for example, when the will waives them or all residuary beneficiaries agree). Tenn. Code Ann. § 32-2-111; § 30-4-102; § 30-1-201; § 30-2-301 |
| Texas | Deadline for creditor claims: Claims may generally be presented any time before the estate is closed if not barred by the general statutes of limitation. A personal representative may send an unsecured creditor a notice requiring the claim to be presented before the 121st day after the creditor receives the notice, or the claim is barred. Secured creditors must specify how their claim is to be treated within the later of six months after letters are granted or four months after receiving the required secured-creditor notice. Tex. Estates Code §§ 308.054, 355.001, 355.152 Simplified probate: Options include: (1) probate of a will as a muniment of title, when the estate owes no unpaid debts other than debts secured by real estate liens, or administration is otherwise unnecessary; (2) independent administration, created by the will or by agreement of all distributees, which limits court supervision; (3) summary proceedings for small estates when, after the inventory is filed, the estate (excluding homestead, exempt property and family allowance) does not exceed the amount needed to pay Class 1-4 claims; and (4) the small estate affidavit for intestate estates of $75,000 or less. Tex. Estates Code §§ 257.001, 401.001-401.002, 354.001 |
| Utah | Deadline for creditor claims: If the personal representative publishes a notice to creditors (once a week for three successive weeks in a newspaper of general circulation in the county, and as required by Utah Code § 45-1-101), claims arising before death must be presented within three months after the first publication. A creditor who is mailed or given written notice has until the later of 90 days after the published notice or 60 days after the mailing or delivery. In any event, claims are barred if not presented within one year after death. Utah Code §§ 75-3-801, 75-3-803 Simplified probate: Utah follows the Uniform Probate Code, so most estates can use informal probate (an application to the court's registrar, without a hearing) rather than formal court-supervised proceedings. For very small estates, if the inventory shows the estate (less liens) is worth no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close the estate by a verified closing statement. Utah Code §§ 75-3-301, 75-3-1203, 75-3-1204 |
| Vermont | Deadline for creditor claims: Claims arising before death must be presented within four months after the first publication of the notice to creditors. If no notice is published or given, claims must be presented within one year after death. Claims arising at or after death must be presented within four months after they arise (or performance is due). Claims not presented in time are barred against the estate, the fiduciary and the heirs. A disallowed claim is barred unless the creditor files a petition or starts a proceeding within 60 days after notice of disallowance is mailed. 14 V.S.A. §§ 1203, 1206 Simplified probate: Two simplified routes exist. (1) Small estate administration for personal-property-only estates of $45,000 or less: letters last one year, the fiduciary confirms the inventory within 60 days, pays creditors, distributes the balance, files a sworn statement of payments, and may be discharged without a further accounting. (2) Waiver of administration (for estates that are not small estates): if the moving party is the sole beneficiary named as sole executor (or, without a will, the sole heir serving as sole administrator) and the decedent owned no Vermont real estate, the court may waive the inventory and bond and dispense with filings other than a final affidavit of administration, filed 6 months to 1 year after appointment, confirming that all debts and claims are paid and Vermont tax clearance has been received. 14 V.S.A. §§ 1901-1903; 14 V.S.A. §§ 1851-1854 |
| Virginia | Deadline for creditor claims: A personal representative may publish a notice to creditors once a week for two consecutive weeks and mail it to known creditors with disputed claims. Claims must then be presented in writing to the personal representative (or filed with the commissioner of accounts) by the later of six months after first publication or 90 days after the notice is mailed or delivered to the claimant. A representative who complies in good faith is not liable on late claims beyond the assets still on hand. Separately, after six months from qualification the court may order creditors to show cause against distribution; distributees may still be required to refund their share of valid claims in a suit brought within five years after distribution. Va. Code § 64.2-508.1; § 64.2-556 Simplified probate: Virginia has no separate summary probate proceeding, but several shortcuts apply. When the decedent's personal estate passing by will or intestacy is $35,000 or less and an heir, beneficiary or larger creditor qualifies, the clerk waives the inventory and the settlement of accounts (unless the decedent owned real estate the representative could sell). If all distributees or all residuary beneficiaries are the personal representatives, they may file a sworn statement in lieu of a settlement of accounts once all known charges are paid, six months have passed since qualification, and the residue has been distributed. In addition, 30 days after death a funeral home may collect funeral costs from a small asset by affidavit if no personal representative has been appointed. Surviving family may also claim a family allowance (lump sum up to $30,000, or up to $2,500 per month for one year), exempt property up to $25,000, and a homestead allowance of $25,000. Va. Code § 64.2-1302; § 64.2-1314; § 64.2-604; § 64.2-309; § 64.2-310; § 64.2-311 |
| Washington | Deadline for creditor claims: If the personal representative publishes notice to creditors, a creditor who was given actual notice must present a claim by the later of 30 days after the notice was served or mailed, or four months after first publication. A creditor who was not reasonably ascertainable must present a claim within four months after first publication. If no notice is given, claims are barred 24 months after the date of death. The bar applies to both probate and nonprobate assets. RCW 11.40.051 Simplified probate: Besides the small estate affidavit (personal property up to $100,000), Washington's main simplified option is administration with nonintervention powers: once granted, the personal representative may settle the estate without further court orders. The court must grant nonintervention powers if the will does not forbid them, the estate is solvent, and the petitioner was named in the will, or is a surviving spouse or partner of an intestate decedent with only community property and no descendants from another relationship, or is not a creditor and nonintervention is in the best interests of beneficiaries and creditors. RCW 11.62.010; RCW 11.68.011 |
| West Virginia | Deadline for creditor claims: Claims must be filed within 60 days after the date of first publication of the notice of administration. A creditor who does not present a claim by the deadline in the notice is barred from recovering from the personal representative, except that a creditor with no actual notice may in limited cases recover from any undistributed surplus. Objections to the personal representative's qualifications or to venue must be filed within 60 days after first publication or 30 days after service of the notice, whichever is later. W. Va. Code § 44-1-14a; § 44-2-26 Simplified probate: In regular administration, if the appraisement shows probate assets of $200,000 or less (not counting real estate specifically devised and nonprobate assets), or there is only one competent beneficiary, the estate is not automatically referred to a fiduciary commissioner. The published notice states that settlement will proceed without a fiduciary commissioner unless, within 60 days of first publication, a party requests a reference or an unpaid creditor files a claim and shows good cause. The personal representative then files either a waiver of final settlement or a short report with an affidavit that all claims have been paid; the county commission may confirm it and discharge the representative. A waiver of final settlement may be used once more than 90 days have passed since the required notice and no known claims remain unpaid, signed by the beneficiaries (except those receiving only tangible personal property or cash bequests). W. Va. Code § 44-1-14a; § 44-2-1; § 44-2-29 |
| Wisconsin | Deadline for creditor claims: When administration is opened, the court (or probate registrar) sets a deadline for filing claims that is not less than 3 nor more than 4 months from the date of the order. Claims not filed by then are barred against the estate, the personal representative and the heirs and beneficiaries, with exceptions (for example, tort claims, certain tax and state benefit-recovery claims, funeral and administration expenses, and known creditors who did not receive required notice at least 30 days before the deadline). Wis. Stat. § 859.01; § 859.02 Simplified probate: Summary settlement: the court settles the estate without appointing a personal representative if the estate, less secured debts, is worth no more than the funeral, administration and other priority costs and allowances, or no more than $50,000 when the decedent is survived by a spouse or domestic partner or minor children. Summary assignment: for other estates of $50,000 or less (less secured debts), the court assigns the property without a personal representative after the petitioner publishes a notice to creditors. Informal administration: an estate of any size may be administered with limited court supervision through the probate registrar if the will names a personal representative who accepts (and does not prohibit informal administration), or, if not, all interested persons consent. Wis. Stat. § 867.01; § 867.02; § 865.01; § 865.02 |
| Wyoming | Deadline for creditor claims: Creditors must file claims (in duplicate, with supporting documents) with the clerk of the district court within three months after the first publication of the notice to creditors. A creditor who was mailed notice has until the later of three months after first publication or 30 days after the mailing. Claims not filed in time are barred, with limited exceptions for creditors entitled to equitable relief or reasonably ascertainable creditors who were not mailed notice. W.S. 2-7-201; W.S. 2-7-205; W.S. 2-7-703 Simplified probate: Summary distribution: if the decedent's entire estate (including real property and mineral interests) is not more than $400,000 less liens and encumbrances, the distributees may file, not earlier than 30 days after death, a sworn application in district court for a decree of summary distribution. A sworn report of value of Wyoming real property must be attached. Notice is published once a week for two consecutive weeks and mailed to the spouse, other distributees and reasonably ascertainable creditors (and to the Department of Health if the decedent received Medicaid). Objections are due by the later of 20 days after mailing or 30 days after first publication; if none is filed, the court enters a decree, which is recorded with the county clerk in each county where real property is located. Separately, a nonresident's Wyoming property worth $400,000 or less may avoid a full Wyoming probate if the estate was probated in another state. W.S. 2-1-205; W.S. 2-1-206; W.S. 2-11-201 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.