Probate can't finish until creditors have had their chance to file claims, so that claim period is the shortest realistic timeline for most estates. In the nine states below it runs from three months after the first published notice (Florida and Indiana) to six months after the death (Ohio). Court calendars, selling property, tax returns and family disputes add time on top.
The person who runs the estate is the personal representative: the executor named in the will, or the administrator the court appoints when there's no will. They can't safely pay out the estate until the claim period closes.
Creditor claim deadlines in 9 states
Each state sets its own deadline for creditors, and most count it from a newspaper notice published after the personal representative is appointed, not from the date of death.
| State | Deadline for creditors who get published notice | Outside limit | Statute |
|---|---|---|---|
| Arizona | 4 months after the first publication of the notice to creditors (known creditors: the later of that or 60 days after mailed notice) | 2 years after death plus any remaining notice period | A.R.S. §§ 14-3801, 14-3803 |
| California | 4 months after letters are first issued (or 60 days after mailed notice, if later) | Cal. Prob. Code § 9100 | |
| Florida | 3 months after the first publication of the notice to creditors (served creditors: 30 days after service, if later) | 2 years after death | Fla. Stat. §§ 733.702, 733.710 |
| Georgia | Notice published within 60 days of qualification; the personal representative does not have to pay debts until 6 months after qualification | O.C.G.A. §§ 53-7-41, 53-7-42 | |
| Indiana | 3 months after the first published notice | 9 months after death | Ind. Code § 29-1-14-1 |
| Iowa | 4 months after the second publication of the notice (or 1 month after mailed notice, if later) | Final settlement due within 3 years of the second publication unless the court orders otherwise | Iowa Code §§ 633.410, 633.473 |
| Michigan | 4 months after publication (known creditors: the later of that or 1 month after mailed notice) | 3 years after death if notice was not given | MCL 700.3803 |
| North Carolina | The date named in the notice, at least 3 months after the first publication or posting | N.C. Gen. Stat. § 28A-14-1 | |
| Ohio | 6 months after the date of death, whether or not an executor has been appointed | Ohio Rev. Code § 2117.06(B) |
A blank "outside limit" cell means we haven't listed one from the statute text. It doesn't mean none exists. Secured debts, taxes and some government claims can follow different rules.
The steps of probate, in order
Most estates go through five stages, and the creditor period sits in the middle.
- Filing and appointment. Someone files the will, if there is one, and a petition with the court for the county where the person lived. The court appoints the executor or administrator and issues letters, the court document that lets them act for the estate (letters testamentary when there's a will). See which court handles probate.
- Notice to creditors. The personal representative publishes a notice in a local newspaper and mails notice to known creditors. Arizona requires publication once a week for three weeks in a row (A.R.S. § 14-3801(A)). North Carolina requires once a week for four weeks in a row (§ 28A-14-1).
- Inventory and claims. The assets are listed and valued, and each claim is paid, settled for less, or rejected.
- Accounting and distribution. After the claim period, the personal representative accounts to the court or the heirs and hands out what's left.
- Closing. The court discharges the personal representative, or the estate closes by a statement where the state allows it.
What starts the creditor clock
In most of these states the claim period can't begin until someone has been appointed, so a late filing means a late finish. Arizona, Florida, Indiana, Iowa, Michigan and North Carolina count from the published notice, which can't run until there's a personal representative. California counts from the date letters are first issued. Only Ohio counts its six months from the date of death (Ohio Rev. Code § 2117.06(B)).
Filing early is the one part of the timeline your family controls.
What slows probate down
These are the usual reasons an estate stays open well past the claim period:
- Waiting to file the petition, which pushes back the notice to creditors.
- Missing documents: the original will, certified death certificates, account statements.
- Real estate that has to be sold, especially where the court has to approve the sale.
- Disputes over the will or among the heirs.
- Tax returns that have to be filed before the estate can close.
Getting the case filed sooner
EverSettled gets your family attorney-ready faster, so the petition goes in sooner and the creditor clock starts earlier. That shortens the path to the inheritance, and EverSettled then keeps the deadlines, notices and paperwork on track as it guides you through the rest of the admin after the death.
For state-specific steps, see our guides for Arizona, California, Florida, Iowa, Michigan and Ohio.
Frequently asked questions
How long does probate take in Iowa?
At least four months after the second publication of the notice to creditors, because that's Iowa's claim period (Iowa Code § 633.410). Iowa law also expects final settlement within three years of the second publication unless the court orders otherwise (§ 633.473).
How long does probate take in Ohio?
At least six months for most Ohio estates, because creditors have six months after the date of death to present claims (Ohio Rev. Code § 2117.06(B)).
Can an estate close before the creditor period ends?
It's risky. Until the claim period has run, a creditor can still present a valid claim, and a personal representative who has already handed out the assets may have to deal with it. Small estates that qualify for a simplified procedure can often finish sooner. See small estate affidavit limits.
Sources
- A.R.S. §§ 14-3801, 14-3803 (A.R.S. tit. 14, ch. 3)
- Cal. Prob. Code § 9100 (§§ 9100–9104)
- Fla. Stat. §§ 733.702, 733.710 (ch. 733)
- O.C.G.A. §§ 53-7-41, 53-7-42 (Title 53, Ch. 7)
- Ind. Code § 29-1-14-1 (ch. 29-1-14)
- Iowa Code §§ 633.410, 633.473 (ch. 633)
- MCL 700.3803 (EPIC art. III)
- N.C. Gen. Stat. § 28A-14-1 (ch. 28A)
- Ohio Rev. Code § 2117.06 (ch. 2117)