How long does probate take? State-by-state timeline

Creditor claims: Ala. Code § 43-2-350—present verified claims by the later of six months after grant of letters or five months after first publication of notice; creditors entitled to actual notice under § 43-2-61 get 30 days after that notice.

Small estate: Division 10 summary distribution (§§ 43-2-690 et seq., as amended by the 2025 Revised Alabama Small Estates Act effective Oct. 1, 2025) when the estate is a “small estate” defined by reference to combined homestead, exempt-property, and family allowances under §§ 43-8-110–43-8-113 as CPI-adjusted. Publication once and Medicaid notice are required; the court waits at least 30 days after both.

Real estate sale: the summary-distribution framework focuses on personal property collection/distribution. Expect formal letters/administration (or another recognized title path) to sell solely owned real estate.

Statutory timing note: Summary-distribution order: at least 30 days after publication and Medicaid notice.

Primary source: Ala. Code §§ 43-2-350, 43-2-692

Creditor claims: Alaska Statutes Title 13 Chapter 16 creditor articles generally require presentation within four months after first publication of the notice to creditors (see AS 13.16.450 / 13.16.455; Alaska Court System debt guidance).

Small estate: AS 13.16.680 collection by affidavit 30 days after death when the entire estate, less liens, consists only of registrable vehicles totaling $100,000 or less plus other personal property totaling $50,000 or less, and no PR petition is pending or granted. AS 13.16.690 summary administration lets a PR skip creditor notice when the estate is within homestead/exempt/family allowances plus listed expenses.

Real estate sale: the affidavit procedure does not transfer real property. Appointed personal representatives convey under Alaska probate powers / title requirements.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: AS 13.16.680, 13.16.450; Alaska Courts

Creditor notice: publish once a week for three successive weeks; present claims within four months after first publication (A.R.S. § 14-3801). Known creditors also receive mailed notice with a later-of published deadline or 60 days after mailing.

Small estate: personal property affidavit up to $200,000 after 30 days (§ 14-3971(B)); real property succession affidavit when Arizona real property value less liens does not exceed $300,000, filed no sooner than six months after death (§ 14-3971(E)).

Real estate: the succession affidavit is a title-transfer tool for successors, not a probate auction. Appointed personal representatives sell under Title 14 authority.

Statutory timing note: Real-property succession affidavit: not sooner than six months after death.

Primary source: A.R.S. §§ 14-3801, 14-3971

Creditor claims (small estate with real property): Ark. Code § 28-41-101 requires publication of notice of death and affidavit filing within 30 days after filing; creditors must exhibit verified claims within three months of first publication or be barred as to the real property.

Small estate: distributee affidavit when the estate qualifies under § 28-41-101 (commonly summarized as $100,000 or less with statutory exclusions/allowances), at least 45 days after death, no unpaid claims (or DHS reimbursement handled), and no PR appointment pending/granted.

Real estate sale: the statute expressly contemplates real property in the small-estate affidavit; after the publication/claim period, distributees commonly record a deed of distribution—confirm recording and title-company requirements with Arkansas counsel.

Statutory timing note: Small-estate affidavit waiting period: 45 days after death; real-property creditor publication window: 3 months.

Primary source: Ark. Code § 28-41-101

Creditor claims: Probate Code § 9100—file before the later of four months after letters first issued or 60 days after notice of administration is mailed or personally delivered.

Small estate (Judicial Council adjusted amounts for deaths on/after April 1, 2025): §§ 13100–13101 personal property $208,850 after 40 days (not for transferring real property via that affidavit); § 13200 real property of small value $69,625; §§ 13150–13157 petition for primary residence up to $750,000 (AB 2016).

Real estate sale: court confirmation is the default for probate sales (§ 10308) unless the personal representative has full Independent Administration of Estates Act authority (§ 10503).

Statutory timing note: Small-estate personal-property affidavit: 40 days after death.

Primary source: Cal. Prob. Code §§ 9100, 13100, 10308; Judicial Council § 890 table

Creditor claims: C.R.S. § 15-12-803 bars pre-death claims unless presented within the published or written notice deadline, and in any event within one year after the decedent’s death.

Small estate: C.R.S. § 15-12-1201 personal-property affidavit at least 10 days after death when fair market value of property subject to will/intestacy, less liens, does not exceed twice the amount in § 15-11-403 as adjusted by § 15-10-112 (Colorado Judicial JDF 998 year-of-death tables). No PR petition pending or granted.

Real estate sale: the affidavit does not convey real property. Appointed personal representatives sell under the Colorado Probate Code / any will or court limits.

Statutory timing note: Small-estate personal-property affidavit waiting period: 10 days after death.

Primary source: C.R.S. §§ 15-12-803, 15-12-1201

Creditor claims: Connecticut Probate Court Administrator guidance describes a newspaper notice after appointment and a general 150-day period to present claims to the fiduciary; an optional PC-234 certified-mail notice can set a shorter bar date of at least 90 days.

Small estate: C.G.S. § 45a-273—affidavit in lieu of full probate when solely owned tangible and intangible personal property (excluding nonprobate transfers) does not exceed $40,000 and the decedent had no solely owned Connecticut real property. The court sends the affidavit to DAS and waits 30 days before issuing a decree.

Real estate sale: because the small-estate path excludes solely owned real property, expect formal probate (or another title path) to sell a house titled only in the decedent’s name.

Statutory timing note: Small-estate decree: court waits 30 days after sending the affidavit to the Department of Administrative Services.

Primary source: C.G.S. § 45a-273; CT Probate Court guide

Creditor claims: 12 Del. C. § 2102 generally bars claims against the estate arising before or at death unless presented within eight months of the date of death.

Small estate: 12 Del. C. § 2306 distribution of decedent’s property without grant of letters when estate assets do not exceed the statutory personal-estate cap ($30,000 historically; raised to $50,000 for deaths on or after June 10, 2026 by 2025 legislation). Known debts must be paid or provided for. Delaware real estate owned solely or as a tenant in common disqualifies the path.

Real estate sale: use formal letters/administration (or another recognized title path) when Delaware real property must be conveyed.

Statutory timing note: Creditor nonclaim period runs from date of death (8 months)—not a guaranteed estate-closing date.

Primary source: 12 Del. C. §§ 2102, 2306

Creditor claims: District probate practice distinguishes regular administration (commonly a six-month claims framework after appointment/publication) from abbreviated small-estate court cases that may use shorter published-notice periods—verify the order and notice in the specific D.C. Probate Division file.

Small estate: D.C. Code § 20-361 (as amended) allows payment/delivery of a small asset by affidavit when the entire probate estate, less liens and encumbrances, does not exceed $40,000, includes no real-property interest, funeral expenses are paid, at least 60 days have elapsed, and no PR appointment is pending or granted.

Real estate sale: the affidavit path excludes real property. Appointed personal representatives convey under D.C. probate rules and title-company requirements.

Statutory timing note: Small-asset affidavit waiting period: 60 days after death.

Primary source: D.C. Code § 20-361; D.C. Courts Probate

Creditor claims: Fla. Stat. § 733.702 (2026)—file by the later of three months after first publication of the notice to creditors or 30 days after service of that notice on a creditor required to be served.

Summary administration: Fla. Stat. § 735.201 (2026)—available when the value of the entire estate subject to administration in Florida, less exempt property, does not exceed $150,000, or the decedent has been dead more than two years.

Real estate sale: in formal administration the personal representative conveys under the Florida Probate Code; in summary administration the court order typically places title with beneficiaries who then sell.

Statutory timing note: No official statewide average duration used.

Primary source: Fla. Stat. §§ 733.702, 735.201 (2026)

Creditor notice: publish once a week for four weeks; creditors who fail to notify the PR within three months of the last publication lose equal participation with same-priority creditors paid earlier (§ 53-7-41).

Simplified path: petition for order that no administration is necessary when the decedent died intestate, heirs agree on division, and debts are absent or creditors consent/are served (§§ 53-2-40, 53-2-41)—no estate-value ceiling.

Real estate sale: Title 53, Chapter 8 controls estate property sales; confirm whether the will or court order supplies sale authority.

Statutory timing note: PR has six months from qualification to ascertain the condition of the estate (§ 53-7-41(a))—not a fixed “probate ends in X months” rule.

Primary source: O.C.G.A. §§ 53-7-41, 53-2-40

Creditor claims: HRS § 560:3-803 generally requires presentation within four months after the first publication of notice to creditors, or within 60 days after the mailing/delivery of written notice, whichever is later, subject to other absolute limits in the Uniform Probate Code article.

Small estate: HRS § 560:3-1201 collection of personal property by affidavit when the value of the entire Hawaii estate subject to probate, less liens, does not exceed $100,000 and no application for a personal representative is pending or has been granted.

Real estate sale: the affidavit procedure does not transfer real property. Formal personal representatives sell under HRS Chapter 560 powers and any will/court limits.

Statutory timing note: No official statewide average duration used.

Primary source: HRS §§ 560:3-803, 560:3-1201

Creditor claims: Idaho Uniform Probate Code notice/claims provisions (Title 15, Chapter 3, Part 8) generally give creditors four months after first publication of the notice to creditors.

Small estate: Idaho Code § 15-3-1201—thirty days after death, a successor may collect personal property by affidavit when the fair market value of the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000 and no PR petition is pending or granted.

Real estate sale: the affidavit does not convey real property. Appointed personal representatives sell under Idaho probate powers.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: Idaho Code §§ 15-3-801, 15-3-1201

Creditor claims: formal probate uses publication/notice under the Probate Act of 1975, Article XVIII. The commonly applied window after first publication is six months (755 ILCS 5/18-3); other absolute bars may also apply (e.g., 755 ILCS 5/18-12).

Small estate: affidavit when estate personal property is $150,000 or less (excluding motor vehicles) and the decedent did not leave solely owned real estate that requires probate (755 ILCS 5/25-1; Illinois Legal Aid guidance reviewed 2026).

Real estate sale: when the house is titled only in the decedent’s name, expect formal probate (or another recognized title path)—not the small estate affidavit alone.

Statutory timing note: No official statewide average duration used.

Primary source: 755 ILCS 5/25-1; Ill. Legal Aid

Creditor claims: Indiana Code Title 29 Article 1 generally requires ordinary claims within three months after first publication of notice, with additional outer limits (commonly nine months after death).

Small estate: Ind. Code 29-1-8-1 affidavit when the probate estate (after liens, encumbrances, and reasonable funeral expenses) does not exceed $100,000 for deaths after June 30, 2022, at least 45 days have passed, and no personal-representative petition is pending or granted. Real property is not transferred by the affidavit.

Real estate sale: unsupervised personal representatives may generally sell real property without court order; supervised estates need court approval.

Statutory timing note: Small-estate affidavit waiting period: 45 days after death.

Primary source: Ind. Code 29-1-7-7, 29-1-8-1

Creditor claims: Iowa Code § 633.410—file claims within the later of four months after the second publication of the notice to creditors or one month after ordinary-mail notice to a reasonably ascertainable creditor (Medicaid recovery timing has a separate electronic-notice rule).

Small estate: Iowa Code § 633.356 affidavit when gross personal property that would pass by will/intestacy is $50,000 or less, there is no real property (subject to limited exceptions in the statute), 40 days have elapsed, and no letters are required. Chapter 635 provides a separate small-estate administration track with creditor notice.

Real estate sale: the very-small-estate affidavit is for personal property. Expect probate administration (or another title path) to sell solely owned real estate.

Statutory timing note: Very-small-estate affidavit waiting period: 40 days after death.

Primary source: Iowa Code §§ 633.410, 633.356

Creditor claims: Kansas probate claims statutes generally require presentation by the later of four months after first publication or 30 days after actual notice to a known or reasonably ascertainable creditor (see K.S.A. Chapter 59 claims provisions).

Small estate: K.S.A. 59-1507b affidavit when the value of the probate estate does not exceed $75,000, allowing a successor to collect personal property without letters of administration.

Real estate sale: the affidavit path is built for personal property collection. Order a personal representative (or use another recognized title path) when real estate must be sold.

Statutory timing note: No official statewide average duration used.

Primary source: K.S.A. 59-1507b; KS Judicial Council

Creditor claims: KRS 396.011—present claims within six months after appointment of the personal representative, or, if none is appointed, within two years after the decedent’s death (subject to listed exceptions).

Small / simplified: Kentucky commonly uses a sworn Petition to Dispense with Administration (AOC-830) in District Court for qualifying small personal-property estates (commonly described up to $30,000). Confirm eligibility and local filing practice with the district court clerk.

Real estate sale: dispensing with administration does not substitute for the authority title companies require to convey solely owned real estate—expect full administration or another title path.

Statutory timing note: No official statewide average duration used.

Primary source: KRS 396.011; KY Courts probate guide

Creditor claims: Louisiana does not use a short published nonclaim period like many Uniform Probate Code states. Claims remain subject to Civil Code prescription; creditors may file a formal written proof of claim in the mortgage records (La. C.C.P. art. 3245) with effects described in that article.

Small succession: La. C.C.P. arts. 3421 / 3431 allow an affidavit procedure for qualifying small successions. 2026 legislation raised the domiciliary gross-value threshold to $200,000 (effective Aug. 1, 2026; previously $125,000). Nonresident ancillary estates and older-death exceptions follow the statute’s separate rules.

Real estate (immovable) sale: a qualifying small-succession affidavit can place heirs/legatees in possession of immovable property for later conveyance; otherwise open a judicial succession. Confirm recording and title underwriting with Louisiana counsel.

Statutory timing note: No official statewide average duration used.

Primary source: La. C.C.P. arts. 3421, 3431; La. Legislature

Creditor claims: 18-C M.R.S. § 3-801—publish notice once a week for two successive weeks; creditors must present claims within four months after the date of first publication or be forever barred. Mailed notice can set a later-of published deadline or 60 days after mailing.

Small estate: 18-C M.R.S. § 3-1201 personal-property affidavit 30 days after death when the value of the entire estate, wherever located, less liens, does not exceed $40,000 adjusted for inflation under § 1-108 (county probate courts publish the current adjusted amount annually).

Real estate sale: the affidavit does not convey real property. Appointed personal representatives sell under Title 18-C powers.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: 18-C M.R.S. §§ 3-801, 3-1201

Creditor claims: Est. & Trusts § 8-103 and related notice rules—small estates often use the earlier of six months after death or 30 days after mailed/delivered notice to a creditor; regular estates commonly allow about two months after the required notice. Always check the Register of Wills notice in the file.

Small estate: Est. & Trusts Title 5, Subtitle 6—available when the property subject to administration does not exceed $50,000, or $100,000 if the surviving spouse is the sole legatee or heir (values net of debts of record secured by the property, per statute).

Real estate sale: unlike many affidavit-only states, Maryland small-estate administration is a court/Register process that can include real property when the estate qualifies—confirm sale authority and title underwriting with Maryland counsel.

Statutory timing note: No official statewide average duration used.

Primary source: Md. Code, Est. & Trusts §§ 5-601, 8-103

Creditor claims: M.G.L. c. 190B § 3-803 generally bars proceedings against the estate unless commenced within one year after the decedent’s death (with the statute’s notice/service and exception rules).

Small estate: M.G.L. c. 190B § 3-1201 voluntary administration when the estate consists of personal property not exceeding $25,000 and one motor vehicle, at least 30 days after death, and no petition for probate/appointment is pending. Debts must be paid in statutory priority before distribution.

Real estate sale: voluntary administration does not authorize selling real property. Expect formal probate (or another title path) for a house titled in the decedent’s name alone.

Statutory timing note: Voluntary administration waiting period: 30 days after death.

Primary source: M.G.L. c. 190B §§ 3-803, 3-1201

Creditor claims: MCL 700.3801—publish notice requiring presentation within four months after the date of publication.

Small estate: MCL 700.3982 court assignment when the balance of the gross estate is $50,000 or less, adjusted under MCL 700.1210. Michigan Treasury EPIC COLA materials set the 2026 figure at $53,000. Transfer by affidavit (MCL 700.3983) is not available when the estate includes real property.

Real estate sale: MCL 700.3715 lists personal representative powers, including selling real property, subject to restrictions in the will or letters; court sale rules apply when required.

Statutory timing note: No official statewide average duration used.

Primary source: MCL 700.3801, 700.3982, 700.1210

Creditor claims: Minn. Stat. § 524.3-803 sets presentation deadlines tied to published and mailed notice, commonly four months after publication for published creditors, with a one-year-after-death outer limit for many pre-death claims.

Small estate: Minn. Stat. § 524.3-1201—thirty days after death, a successor may collect property by affidavit when the value of the entire estate, less liens, does not exceed $75,000 and no PR application is pending or granted.

Real estate sale: confirm with Minnesota counsel and the title company whether an affidavit, decree of descent, or appointed personal representative is required for the specific parcel.

Statutory timing note: Collection-by-affidavit waiting period: 30 days after death.

Primary source: Minn. Stat. §§ 524.3-803, 524.3-1201

Creditor claims: Miss. Code § 91-7-151 generally requires claims to be registered/probated within ninety days after the first publication of notice to creditors or be barred.

Small estate: Miss. Code § 91-7-322 allows payment/delivery of personal property to a successor by affidavit when the entire probate estate, wherever located, less liens, does not exceed $75,000, at least 30 days have elapsed, and no personal representative is pending or appointed.

Real estate sale: the affidavit does not convey real property. Expect chancery court administration (or another title path) to sell solely owned real estate.

Statutory timing note: Successor affidavit waiting period: 30 days after death.

Primary source: Miss. Code §§ 91-7-151, 91-7-322

Creditor claims: RSMo § 473.444 generally bars claims one year after the decedent’s death.

Small estate: RSMo § 473.097 when the value of the estate, less liens and encumbrances, does not exceed $40,000; typically filed 30 days after death, with publication requirements when the estate exceeds $15,000.

Real estate sale: the small-estate statute contemplates distributees collecting and liquidating property, which can include real estate when eligibility rules are met—title companies still set recording and underwriting requirements.

Statutory timing note: Small-estate waiting period: 30 days after death.

Primary source: RSMo §§ 473.097, 473.444

Creditor claims: MCA § 72-3-803—present claims by the earlier of one year after death or the applicable notice deadline (commonly four months after first publication, or thirty days after mailed notice, as provided in § 72-3-801).

Small estate: MCA § 72-3-1101 collection of personal property by affidavit thirty days after death when the value of the entire estate, less liens, does not exceed $100,000 and no PR proceeding is pending or granted.

Real estate sale: the affidavit does not transfer real property. Appointed personal representatives sell under Title 72 powers.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: MCA §§ 72-3-803, 72-3-1101

Creditor claims: Neb. Rev. Stat. § 30-2485 generally requires presentation within two months after the date of the first publication of notice to creditors, with longer outer limits when compliant notice is not published.

Small estate: Neb. Rev. Stat. § 30-24,125—thirty days after death, a successor (not claiming solely as a creditor) may collect personal property by affidavit when the value of the entire estate subject to probate, less liens, does not exceed $100,000.

Real estate sale: the affidavit path is for personal property. Appointed personal representatives convey real estate under Nebraska probate authority.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: Neb. Rev. Stat. §§ 30-2485, 30-24,125

Creditor claims: NRS Chapter 147 generally requires presentation within 90 days of first publication (summary administration commonly shortens that to 60 days).

Small estate: court set-aside when estate value does not exceed $150,000 (NRS 146.070; petition at least 30 days after death). Affidavit collection under NRS 146.080 is limited to estates with no real property interest and uses the $150,000 / $25,000 “applicable amount” split after 40 days.

Real estate sale: affidavit path excludes real property; sales of estate real property are handled under NRS Chapter 148 (notice/confirmation as applicable) or via set-aside distribution.

Statutory timing note: Affidavit waiting period: 40 days after death (personal property only).

Primary source: NRS 146.070, 146.080, Ch. 147–148

Creditor claims: New Hampshire practice under RSA Chapter 556 generally requires a creditor to present a demand to the administrator within six months of the original grant of administration, with suit deadlines described in that chapter.

Simplified path: RSA 553:32 waiver of administration—available when the appointed administrator is the sole heir or sole beneficiary, or when all heirs/beneficiaries join—waiving bond, inventory, and accounting in many cases. The administrator files an affidavit of administration between six months and one year after appointment stating debts are resolved and listing real estate.

Real estate sale: waiver of administration is not a personal-property-only affidavit; confirm with New Hampshire counsel and the title company what deed/authority is required for the parcel.

Statutory timing note: Waiver-of-administration affidavit of administration: between 6 months and 1 year after appointment.

Primary source: RSA 553:32; RSA 556

Creditor claims: N.J.S.A. 3B:22-4—creditors generally must present a written, sworn claim detailing amount and basis within nine months after the decedent’s death or the personal representative may distribute and be discharged as provided in the statute.

Small estate: N.J.S.A. 3B:10-3 (surviving spouse/civil union/domestic partner) and 3B:10-4 (heirs) allow collection of limited personal assets without administration—commonly $10,000 for a qualifying spouse/partner and $20,000 for other heirs—subject to the statutes’ conditions and creditor responsibilities.

Real estate sale: these without-administration provisions do not replace the authority needed to convey New Jersey real estate. Expect probate/administration (or another title path).

Statutory timing note: No official statewide average duration used.

Primary source: N.J.S.A. 3B:22-4, 3B:10-3, 3B:10-4

Creditor claims: NMSA § 45-3-803—present claims within four months after first publication of notice, or within sixty days after mailed notice (whichever is later for mailed creditors), with a one-year-after-death outer limit for many pre-death claims.

Small estate: NMSA § 45-3-1201—thirty days after death, a successor may collect personal property by affidavit when the value of the entire estate, less liens, does not exceed $50,000 and no PR petition is pending or granted.

Real estate sale: the affidavit does not convey real property. Appointed personal representatives sell under the New Mexico Probate Code.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: NMSA §§ 45-3-803, 45-3-1201

Creditor claims: SCPA § 1802 protects a fiduciary who distributes in good faith after seven months from the date letters were first issued. It is a fiduciary-protection rule rather than a hard bar against all late claims—known debts still must be handled carefully.

Small estate: SCPA Article 13 voluntary administration when the gross value of the decedent’s personal property does not exceed $50,000 (with statutory exclusions). A voluntary administrator pays expenses and debts from estate assets before distributing the balance.

Real estate sale: Article 13 is for personal property administration. Selling New York real estate titled only in the decedent’s name generally requires letters testamentary/administration (or another recognized title path).

Statutory timing note: No official statewide average duration used.

Primary source: SCPA §§ 1301, 1802; NY Courts

Creditor notice: North Carolina courts’ decedent’s estate procedures describe publication once a week for four weeks with a claim period of at least three months after first publication (Chapter 28A claims framework).

Small estate: G.S. 28A-25-1 collection by affidavit for personal property not exceeding $20,000 ($30,000 if the surviving spouse is the sole heir), at least 30 days after death. The affidavit describes real property owned but does not authorize transferring it by affidavit.

Real estate sale: confirm with North Carolina counsel whether heirs can convey or whether a personal representative must join to address creditor exposure.

Statutory timing note: Small-estate affidavit waiting period: 30 days after death.

Primary source: G.S. 28A-25-1; N.C. Courts estate pamphlet

Creditor claims: North Dakota Uniform Probate Code creditor provisions (and N.D. Courts self-help) generally require presentation within three months after the first publication or mailing of the notice to creditors; if no notice is published, claims may remain open up to three years after death.

Small estate: N.D.C.C. § 30.1-23-01—thirty days after death, a successor may collect personal property by affidavit when the value of the entire estate, less liens, does not exceed $100,000 and no PR appointment is pending or granted.

Real estate sale: the affidavit does not transfer real property. Appointed personal representatives convey under Title 30.1.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: N.D.C.C. §§ 30.1-19-01, 30.1-23-01

Creditor claims: Ohio Rev. Code § 2117.06—present claims within six months after death; late claims are generally forever barred as to all parties.

Release from administration: § 2113.03—available when estate assets are $35,000 or less, or $100,000 or less when the surviving spouse is entitled to the entire estate under a will or intestacy. The court may order delivery of personal property and transfer of real property, or appoint a commissioner to convey/sell.

Real estate sale: under release, follow the court order/commissioner path; otherwise use full-administration sale statutes (Chapter 2127).

Statutory timing note: Creditor presentation deadline is six months after death—not a guaranteed estate-closing date.

Primary source: Ohio Rev. Code §§ 2117.06, 2113.03

Creditor notice: personal representative files notice with a presentment date at least two months out and publishes once each week for two consecutive weeks (58 O.S. § 331).

Small estate: 58 O.S. § 393 successor affidavit when fair market value of Oklahoma property subject to will/intestacy, less liens, does not exceed $50,000; usable 10 or more days after death; debts/taxes must be paid, provided for, or barred.

Real estate sale: Oklahoma Title 58 sale/conveyance chapters generally require court involvement; § 58-239 provides a consent-based order for sale without later confirmation when statutory conditions are met.

Statutory timing note: Small-estate affidavit waiting period: 10 days after death (not a formal-probate duration).

Primary source: 58 O.S. §§ 331, 393, 239

Creditor claims: ORS 114.540—creditors must present claims to the affiant within four months after the filing of the simple estate affidavit or any amended affidavit; disputed claims use the summary-determination procedures in ORS 114.542.

Small / simple estate: ORS 114.515 (as amended) allows a simple estate affidavit when fair-market-value limits are met—personal property other than manufactured homes not exceeding $75,000 and combined real property plus manufactured homes not exceeding $200,000 (limits applicable beginning January 1, 2026 under 2025 Oregon Laws).

Real estate sale: unlike many states’ personal-property-only affidavits, Oregon’s simple estate affidavit may include real property within the cap; the affiant’s conveyance authority and waiting rules are in ORS 114.505–114.560—confirm with Oregon counsel and title.

Statutory timing note: Simple-estate creditor claim window: 4 months after affidavit filing.

Primary source: ORS 114.515, 114.540 (2025/2026)

Creditor window: advertising the grant of letters is required (20 Pa.C.S. § 3162). Under § 3532, personal representatives who distribute before one year from the first complete advertisement may remain personally at risk for unpaid claims—commonly treated as a one-year creditor window.

Small estate: 20 Pa.C.S. § 3102 petition when the gross value of the estate’s personal property does not exceed $50,000 (real estate excluded from that cap).

Real estate sale: the small-estate petition does not itself authorize selling real property; expect letters of administration/testamentary or other Orphans’ Court authority as title requires.

Statutory timing note: No official statewide average duration used.

Primary source: 20 Pa.C.S. §§ 3102, 3162, 3532

Creditor claims: R.I. Gen. Laws § 33-11-5 generally requires presentation of claims within six months from the first publication of the notice of qualification of the original personal representative.

Small estate: R.I. Gen. Laws § 33-24-1 voluntary informal administration—available 30 days after death when the estate consists entirely of personal property, the value of personal property that would be inventoried (excluding tangible personal property) does not exceed $15,000, and no petition for letters is pending.

Real estate sale: because the small-estate path excludes real property, expect formal probate to sell a Rhode Island house titled only in the decedent’s name.

Statutory timing note: Voluntary informal administration waiting period: 30 days after death.

Primary source: R.I. Gen. Laws §§ 33-11-5, 33-24-1

Creditor claims: S.C. Code § 62-3-803—present claims by the earlier of one year after death or the applicable notice deadline (commonly eight months after first publication of notice to creditors, or sixty days after mailed notice).

Small estate: S.C. Code § 62-3-1201—thirty days after death, collection of personal property by affidavit when the value of the entire probate estate, less liens, does not exceed $25,000, no PR appointment is pending or granted, and the probate court approves/files the affidavit as required.

Real estate sale: the affidavit does not convey real property. Appointed personal representatives sell under the South Carolina Probate Code.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: S.C. Code §§ 62-3-803, 62-3-1201

Creditor claims: South Dakota Uniform Probate Code Part 8 generally requires presentation within four months after first publication of the notice to creditors when a personal representative publishes notice.

Small estate: SDCL § 29A-3-1201 allows a successor to collect personal property by affidavit when the value of the entire estate, less liens, does not exceed $100,000 and the statute’s other conditions are met.

Real estate sale: the affidavit path does not transfer real property. Appointed personal representatives convey under Title 29A.

Statutory timing note: No official statewide average duration used.

Primary source: SDCL §§ 29A-3-803, 29A-3-1201

Creditor claims: in full administration, creditors generally have four months from the first publication of the notice to creditors (Tenn. Code § 30-2-306 and related claims provisions).

Small estate: Tenn. Code § 30-4-103 (as amended) provides a small-estate procedure when probate property does not exceed $50,000. It is not a vehicle to sell or transfer real property.

Real estate sale: when a house must be sold by a personal representative, expect full probate administration (or another recognized title path).

Statutory timing note: No official statewide average duration used.

Primary source: Tenn. Code §§ 30-2-306, 30-4-103

Creditor claims: Estates Code § 355.060 bars unsecured claims for money not presented before the 121st day after receipt of a permissive notice under § 308.054.

Small estate: Chapter 205 affidavit for intestate estates when assets excluding homestead and exempt property do not exceed $75,000; 30 days after death; judge approval required. § 205.006 limits homestead title transfer; § 205.008 otherwise does not transfer title to real property.

Real estate sale: Independent administration power of sale without court approval is in § 402.052 (unless limited by will). Dependent administrations generally need court orders for major sales.

Statutory timing note: Small estate affidavit waiting period: 30 days after death.

Primary source: Tex. Estates Code Ch. 205, 355, 402

Creditor claims: Utah Code § 75-3-803 sets presentation deadlines tied to published and written notice, with a one-year-after-death outer limit for many pre-death claims.

Small estate: Utah Courts self-help and Utah Code § 75-3-1201 describe collection of personal property by affidavit at least 30 days after death when the estate is $100,000 or less, contains no real property, and no personal-representative application is pending or granted. The successor remains accountable to creditors up to property received.

Real estate sale: because the affidavit path excludes real property, expect informal or formal probate to sell a Utah house titled only in the decedent’s name.

Statutory timing note: Personal-property affidavit waiting period: 30 days after death.

Primary source: Utah Code §§ 75-3-803, 75-3-1201; utcourts.gov

Creditor claims: 14 V.S.A. § 1203—present pre-death claims within four months after the date of the first publication of the notice to creditors; if no compliant notice is given, the deadline is generally one year after death.

Small estate: 14 V.S.A. § 1901—small estate procedures when the fair market value of the estate does not exceed $45,000 and the estate consists of personal property (a time-share interest may be included as provided in the chapter).

Real estate sale: ordinary solely owned real estate typically takes the estate out of the small-estate personal-property framework—confirm with Vermont counsel whether standard probate is required.

Statutory timing note: No official statewide average duration used.

Primary source: 14 V.S.A. §§ 1203, 1901

Creditor claims: Virginia’s optional notice-to-creditors statute (Va. Code § 64.2-508.1, as updated for 2026) allows a personal representative to publish notice requiring claims by the later of six months from first publication or ninety days after delivery of notice to a claimant. Absent that procedure, ordinary claim/presentation rules and fiduciary liability principles still apply.

Small estate: Va. Code § 64.2-601—affidavit for payment/delivery of a small asset when the entire personal probate estate wherever located does not exceed $75,000, at least 60 days have elapsed, no PR appointment is pending or granted, and any will has been duly probated. The designated successor has fiduciary duties to other successors.

Real estate sale: the Small Estate Act affidavit covers personal assets. Expect qualification of a personal representative (or another title path) to sell Virginia real estate.

Statutory timing note: Small-asset affidavit waiting period: 60 days after death.

Primary source: Va. Code §§ 64.2-601, 64.2-508.1

Creditor claims: RCW 11.40.051 generally bars claims not presented within four months after the date of first publication of the notice to creditors, with alternate periods when notice is not published or a creditor was not reasonably ascertainable.

Small estate: RCW 11.62.010—forty days after death, a successor may use an affidavit when the decedent’s probate estate, net of liens and encumbrances, does not exceed $100,000, all debts have been paid or provided for, and other statutory notices/conditions are met.

Real estate sale: Washington’s affidavit statute can cover a decedent’s interest in real property when eligibility rules are met; title companies still set recording and underwriting requirements—confirm with Washington counsel.

Statutory timing note: Successor affidavit waiting period: 40 days after death.

Primary source: RCW 11.40.051, 11.62.010

Creditor / objection window: under W. Va. Code § 44-1A-2, the authorized successor must pay known or ascertainable creditors before delivering assets. An interested person may file a written objection within 30 days after the county clerk/fiduciary supervisor mails a copy of the affidavit.

Small estate: § 44-1A-2—available when the decedent owned no probate real property and aggregate fair market value of personal probate (“small”) assets does not exceed $50,000. Waiting periods: at least 30 days after death for a successor nominated as personal representative under a will, otherwise at least 60 days.

Real estate sale: the small-estate affidavit is unavailable if the decedent owned probate real property. Use regular West Virginia estate administration to sell real estate.

Statutory timing note: Small-estate waiting period: 30 days (will-nominated successor) or 60 days (other successors).

Primary source: W. Va. Code § 44-1A-2

Creditor claims: Wis. Stat. § 859.01 sets the claim deadline in administration (commonly three to four months after the order). Summary assignment under § 867.02 requires publication; creditors generally have three months after publication to recover against assignees.

Small estate: Wis. Stat. § 867.03 transfer by affidavit when property subject to administration in Wisconsin does not exceed $50,000 in gross value. Heirs, certain trustees, named personal representatives, or prior guardians may collect; Medicaid notice rules may apply. Summary assignment under § 867.02 is a separate court path at the same $50,000 ceiling.

Real estate sale: § 867.03 expressly contemplates interests in real property if the affiant gives required heir notice at least 30 days before recording the affidavit with the register of deeds. Confirm title underwriting with Wisconsin counsel.

Statutory timing note: Real-property affidavit: provide heir notice at least 30 days before recording with the register of deeds.

Primary source: Wis. Stat. §§ 867.03, 867.02, 859.01

Creditor claims: Wyo. Stat. § 2-7-703 generally requires filing claims within three months after the first publication of the notice of probate (with a later deadline of 30 days after mailing for creditors who receive mailed notice).

Small estate: Wyo. Stat. § 2-1-201 (as amended effective July 1, 2025) allows payment/delivery of personal property by affidavit when the entire Wyoming estate subject to administration, less liens and encumbrances, does not exceed $400,000, at least 30 days have elapsed, and no PR application is pending or granted.

Real estate sale: confirm whether summary distribution under related Title 2 provisions or full probate sale authority is required for the parcel; title companies set recording requirements.

Statutory timing note: Distribution-by-affidavit waiting period: 30 days after death.

Primary source: Wyo. Stat. §§ 2-1-201, 2-7-703