Question Directory

Small Estate Waiting Periods by State

Some waits run from the date of death. Others run from filing, publication, mailing, or an order. Some states state no wait at all. This directory states the wait and the clock basis for each lane, and never invents a wait where the cited sections state none.

Waiting periods by state

State Wait Clock basis
Alaska 30 days After death
Alabama No death-date wait stated Order gates: 30 days after publication and 30 days after Medicaid Agency receipt
Arkansas 45 days After death; real-property publication within 30 days after filing
Arizona 30 days personal property; 6 months real property After death; real property filed in court
California 40 days personal property; 6 months real property (DE-305) As stated in the California guides, per the directory exemplar
Colorado 10 days After death
Connecticut 30 days after death gate; decree only after 30 days from court copy sent Section 45a-275 gate plus 30 days after the court sends a copy to the Department of Administrative Services
Delaware 30 days After death
Hawaii No waiting period stated Statute states no wait; three statements only
Iowa 40 days; 90 days Human Services lane After death
Idaho 30 days; 60-day priority-claim window in the deemed-successor subsection After death
Illinois No waiting period stated in 755 ILCS 5/25-1 Statute states no wait
Indiana 45 days; 5 days vehicle and watercraft fork After death
Kansas No wait stated in K.S.A. 59-1507b Statute states no wait, filing, bond, or debt condition
Kentucky No waiting period stated; 6 weeks advertisement for the agreement route No affidavit procedure exists
Louisiana No waiting period stated; 90-day wait is dead law 20-year route runs from death to execution of the affidavit
Massachusetts 30 days After death; 4-month claim clock from docketing for the Medical Assistance notice
Maryland No waiting period stated Claims clocks run from death and notice; no affidavit procedure exists
Maine 30 days After death
Michigan 28 days affidavit; 63-day heir responsibility for assignment After death
Minnesota 30 days Since death, or for safe-deposit contents 30 days since the inventory filing
Missouri 30 days After death; 2-week publication where listed property exceeds $15,000
Mississippi 30 days; 180 days safe-deposit lane After death
Montana 30 days After death
North Dakota 30 days Elapsed since death
Nebraska 30 days, both lanes After death, shown by a certified death-certificate copy or abstract
New Hampshire No death-date wait stated Closing affidavit 6 to 12 months after appointment; no affidavit lane exists
New Jersey No wait stated for either track Consent condition only, on the heirs track
New Mexico 30 days affidavit; 6 months homestead lane After death
Oklahoma 10 or more days affidavit; order and publication clocks for the court lanes After death for the affidavit lane only
Oregon 30 days After death, filed with the probate court
Pennsylvania No wait stated for the petition; 60 days life insurance lane; 1 year after first advertisement for section 3531 After death for the life insurance lane only
Rhode Island 30 days After death, provided no letters petition was filed with the city or town probate court
South Dakota 30 days personal property; 60 days real property After death
Tennessee 45 days From death, as evidenced by a copy of the death certificate
Texas 30 days After death, filed with the court clerk
Utah 30 days After death
Virginia 60 days affidavit and no-affidavit lanes; 30 days funeral lane After death
Vermont No death-date wait stated 14-day objection, 60-day inventory confirmation, letters effective 1 year
Washington 40 days plus 10 days notice After death, plus notice to other successors
Wisconsin No blanket wait 30-day will-named personal representative hold and 30-day real-property heir notice inside their own subsections only
West Virginia 30 days will-nominated affiant; 60 days all other affiants; 120 days small sums lanes (a) and (c) Since death; 30-day objection window runs from the clerk mailing
Wyoming 30 days affidavit; 90 days government-creditor affidavit; 30 days to file the summary application After death; 45-day clock in section 2-1-202(b) runs from presentation and is not a wait

Tools

Use the Small Estate Waiting Period Checker to compute the earliest date for each death-date wait from the date of death entered. The Small Estate Value Limit Lookup states the cap for the same states.

Source

Waiting periods and clock bases from research files A412 through A460 in the Veldica Traffic Ledgers backlog, with closure files A455 through A460 superseding base files where they correct a figure, plus the live eligibility checker data verified 2026-10-31 for Texas, Arizona, Colorado, Oregon, Washington, and Illinois. Hawaii, New Hampshire, and Maryland no-wait statements are stated as gated in the research files. Open flags: West Virginia certificate clocks per A450 and A451; Vermont fee fork unresolved. Facts verified 2026-10-31 through 2026-11-02.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to your state motor vehicle agency or court.

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