HomeCashOffer · Resource Summary
How long does probate take? State-by-state timeline HomeCashOffer (HomeCashOffer LLC) 3000 W Memorial Rd, Ste 123 Unit 308, Oklahoma City, OK 73120 Phone: (405) 622-8705 · Email: Website: https://www.homecashoffer.com
Full interactive table, all 50 states + D.C., and official source links: https://www.homecashoffer.com/resources/probate-timeline-by-state/
Disclaimer: HomeCashOffer is a cash home buyer, not a law firm. This summary is general information adapted from our public resource page—not legal advice. Statutes change and local court rules matter. Confirm every deadline and sale step with a licensed probate attorney in the state where the estate or property is pending. Nothing here guarantees a timeline or outcome.
Why timelines differ by state Probate length varies by state. Most estates cannot finish before creditors have a statutory window to present claims after notice—often measured in months, not days. States also set different small-estate or simplified thresholds, and different rules for whether real estate can transfer on an affidavit path or needs a personal representative. Use citeable statutory checkpoints—creditor claim periods, small-estate thresholds, and real-estate sale rules—not invented “average months.”
What is a creditor claim period? After a personal representative is appointed, most states require published notice (and often mailed notice to known creditors). Creditors then have a limited time to present claims. That window is a major reason estates rarely close in a few weeks even when heirs agree. Exact bars and exceptions differ by state.
Can you sell a house during probate? Frequently yes—once someone has legal authority to convey title (commonly letters testamentary or letters of administration). Some states let an independent or unsupervised personal representative sell without ongoing court approval; others require court confirmation or a specific sale order. Many small-estate affidavits transfer personal property only and cannot sell the house by themselves. Title companies set underwriting requirements on top of the statute.
What is a small estate procedure? States offer shortcuts—affidavits, summary administration, release from administration, or set-aside petitions— when the estate is under a dollar limit and other conditions are met. Caps range from tens of thousands to hundreds
of thousands of dollars, and some adjust for inflation. Whether real estate qualifies is one of the most important differences between states.
Sample citeable checkpoints (see full page for all states) State
Creditor claim period (summary)
Small-estate / simplified note
Selling real estate
California
Later of 4 months after letters or 60 days after notice of administration
Personal-property affidavit & other small-value paths (amounts inflationadjusted)
Court confirmation generally required unless full IAEA authority
Florida
Later of 3 months after first publication
Summary administration if estate ≤
Formal PR under Probate Code;
or 30 days after required service
$150,000 (less exempt) or decedent dead 2+ years
summary typically distributes then beneficiaries convey
Fiduciary protection after 7 months
Voluntary administration when gross
Voluntary administration does not
from letters (SCPA § 1802)—practical creditor window
personal property ≤ $50,000
authorize selling real estate
Oklahoma
Presentment date at least 2 months after notice filed (published 2 weeks)
Successor affidavit for personal property if OK estate ≤ $50,000 (10+ days after death)
Estate real-property sales generally follow Title 58 court sale procedures
Texas
If PR gives § 308.054 notice, unsecured claims barred if not presented by day 121 after receipt
Small estate affidavit (intestate): assets excluding homestead/exempt ≤ $75,000
Independent executor often may sell without court approval; dependent needs court order
Washington
Generally 4 months after first publication of notice to creditors
Successor affidavit when net probate estate ≤ $100,000 (40+ days after
Affidavit can include real property interest when estate qualifies—
death)
confirm title
New York
Thresholds and claim windows above are simplified for readability. Always read the linked statute or court page on the full resource for exceptions, notice mechanics, and current dollar adjustments.
Read the full free resource Complete 50-state + D.C. table with sorting: https://www.homecashoffer.com/resources/probate-timeline-bystate/ Related: foreclosure timeline by state — https://www.homecashoffer.com/resources/foreclosure-timeline-bystate/ HomeCashOffer homepage: https://www.homecashoffer.com
HomeCashOffer (HomeCashOffer LLC) 3000 W Memorial Rd, Ste 123 Unit 308, Oklahoma City, OK 73120 (405) 622-8705 · https://www.homecashoffer.com We buy houses as-is for cash nationwide. Offers are no-obligation. We do not provide legal advice. Canonical page: https://www.homecashoffer.com/resources/probate-timeline-by-state/