Small estate waiting periods by state

Many states make you wait days or months after the death before you can use the shortcut. Some have no waiting period.

Only waiting periods counted from the date of death are shown as a length. Open the state for the others.

Sort:

State	Wait	Counted from	Other procedures
Alabama Not covered yet: court self-help · LawHelp.org
Alaska	30 days	The date of death
Arizona	30 days	The date of death	Affidavit of Succession to Real Property (Affidavit for Transfer of Title to Real Property): 6 months Surviving spouse's affidavit for wages owed: no waiting period
Arkansas	45 days	The date of death
California	40 days	The date of death	Petition to Determine Succession to Primary Residence: 40 days Affidavit re Real Property of Small Value: 6 months Collection of compensation owed to a deceased spouse: no waiting period
Colorado	10 days	The date of death	Affidavit to collect a debt secured by real estate (C.R.S. 15-12-1201(3.5)): 10 days
Connecticut	The court sends a copy of the affidavit to the state Department of Administrative Services and cannot issue its decree until 30 days after that.
Delaware	30 days	The date of death
District of Columbia	60 days	The date of death
Florida	12 months	The date of death	Payment to Successor Without Court Proceedings (bank accounts up to $2,000): 6 months
Georgia	No waiting period for family. If no family member applies within 45 days after the death, the bank may instead use up to $15,000 to pay the funeral and last-illness bills.
Hawaii	no waiting period	The date of death
Idaho	30 days	The date of death
Illinois	no waiting period	The date of death
Indiana	45 days	The date of death
Iowa	40 days	The date of death
Kansas	no waiting period	The date of death	Petition for refusal to grant letters of administration (K.S.A. 59-2287): no waiting period Payment of certain benefits to relatives by affidavit (K.S.A. 59-1507a): 180 days
Kentucky	The law sets no waiting period.
Louisiana	The law sets no waiting period after the death. An heir or legatee who does not sign must either be someone who cannot be found after a reasonable search, or must have been given 30 days' notice by U.S. mail of the plan to sign the affidavit and not objected.
Maine	30 days	The date of death
Maryland	The law sets no waiting period to file the petition. If property remains after funeral costs and family allowances are paid, a notice is published once in a newspaper: people have 30 days from publication to object, and creditors must file claims by the earlier of 6 months after the death or 30 days after the personal representative mails or delivers a notice to them.
Massachusetts	30 days	The date of death
Michigan	28 days	The date of death
Minnesota	30 days	The date of death
Mississippi	30 days	The date of death
Missouri	30 days	The date of death	Refusal of letters (order dispensing with administration, RSMo 473.090): no waiting period
Montana	30 days	The date of death
Nebraska	30 days	The date of death	Affidavit for Transfer of Real Property without Probate (succession to real property by affidavit): 30 days
Nevada	40 days	The date of death	Affidavit of Entitlement (surviving spouse): 40 days Petition to Set Aside Estate Without Administration: 30 days
New Hampshire Not covered yet: court self-help · LawHelp.org
New Jersey	The law sets no waiting period for this affidavit.
New Mexico	30 days	The date of death	Transfer of title to homestead to surviving spouse by affidavit (Affidavit of Surviving Spouse): 6 months
New York	no waiting period	The date of death	Payment to a surviving spouse without administration (up to $30,000): no waiting period Payment of certain debts to family members without administration (up to $15,000, or $5,000 after six months): 30 days
North Carolina	30 days	The date of death
North Dakota	30 days	The date of death
Ohio	The law sets no waiting period before you apply. The court decides how long notice must be given to the surviving spouse and heirs, and notice by newspaper publication may be required unless the court waives it.
Oklahoma	10 days	The date of death	Termination of joint tenancy or life tenancy by affidavit (58 O.S. 912): no waiting period
Oregon	30 days	The date of death
Pennsylvania	no waiting period	The date of death	Payment of wages, salary or employee benefits to family (20 Pa.C.S. 3101(a)): no waiting period Life insurance payable to the estate, paid to family (20 Pa.C.S. 3101(d)): 60 days Unclaimed property held by the State Treasurer, paid to family (20 Pa.C.S. 3101(e)): no waiting period
Rhode Island	30 days	The date of death	Administration of Small Estates Where Executor Named in Will (Petition for Voluntary Informal Executor, form PC 1.9): 30 days
South Carolina	30 days	The date of death
South Dakota	30 days	The date of death	Succession to real property by affidavit: 60 days
Tennessee	45 days	The date of death	Payment of a deceased employee's wages to the surviving spouse or children: no waiting period Payment of up to $10,000 to the surviving spouse or children after six months: 6 months
Texas	30 days	The date of death	Collection of a deceased spouse's final paycheck by affidavit: no waiting period
Utah	30 days	The date of death	DMV Survivorship Affidavit (form TC-569C) for up to four vehicles or boats: 30 days
Vermont	The law sets no waiting period after the death. An interested person who did not consent in writing gets notice and has 14 days to object.
Virginia	60 days	The date of death	Payment of a small asset worth $35,000 or less without an affidavit: 60 days Payment of funeral expenses from a small asset (funeral home affidavit): 30 days
Washington	40 days	The date of death
West Virginia	60 days	The date of death
Wisconsin	no waiting period	The date of death
Wyoming	30 days	The date of death	Decree of summary distribution of personal or real property (W.S. 2-1-205): 30 days

Open a state for the full rules, the dates each limit applies to and the official sources. A state marked “Not covered yet” has not been checked against official sources.