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Creditor claim deadlines for an estate

Creditors get a limited time to file a claim against the estate. Depending on the state, the clock starts when the court issues letters (the document that gives the executor authority), when the notice to creditors is first published, or on the date of death. Enter the dates you know to see the deadlines.

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General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.

Creditor claim periods by state

StateRuleStatute
CaliforniaIn California, a creditor has four months after the court first issues letters to a general personal representative to file a claim, or 60 days after notice of administration was mailed or delivered to that creditor if that's later (Cal. Prob. Code § 9100).Cal. Prob. Code § 9100
FloridaIn Florida, creditors have three months after the notice to creditors is first published to file a claim. A creditor who has to be served gets 30 days after service if that's later. No claim can be brought more than two years after the death (Fla. Stat. §§ 733.702, 733.710).Fla. Stat. § 733.702
Fla. Stat. § 733.710
IllinoisIn Illinois, the claims date in the published notice must be at least six months after first publication, or three months after the notice was mailed or delivered if that's later. No claim can be brought more than two years after the death (755 ILCS 5/18-3, 5/18-12).755 ILCS 5/18-3
755 ILCS 5/18-12
MichiganIn Michigan, creditors with claims from before the death have four months after the notice to creditors is published. A known creditor gets one month after being sent notice if that's later. Without proper notice, the limit is three years after the death (MCL 700.3803).MCL 700.3803
New JerseyIn New Jersey, creditors have nine months after the death to present claims in writing and under oath. After that, the personal representative isn't liable for assets already paid out in good faith (N.J.S.A. 3B:22-4).N.J.S.A. 3B:22-4
New YorkIn New York, the key date is seven months after letters are first issued. A claim presented after that can't make the executor liable for assets already paid out in good faith on other claims, bequests or distributions to heirs (N.Y. SCPA § 1802).N.Y. SCPA § 1802
North CarolinaIn North Carolina, the notice to creditors has to give a claims deadline at least three months after the notice is first published or posted (N.C. Gen. Stat. § 28A-14-1).N.C. Gen. Stat. § 28A-14-1
OhioIn Ohio, creditors have six months after the death to present their claims, whether or not an executor or administrator has been appointed (Ohio Rev. Code § 2117.06).Ohio Rev. Code § 2117.06
WashingtonIn Washington, a creditor who got actual notice has 30 days after that notice or four months after first publication, whichever is later. Creditors who couldn't reasonably be found have four months after publication. Otherwise the limit is 24 months after the death (RCW 11.40.051).RCW 11.40.051

Common questions

How long do creditors have to make a claim against an estate?

It depends on the state and on whether a notice to creditors went out. Creditors have 4 months after letters are issued in California, 3 months after the notice is first published in Florida, 6 months after the death in Ohio and 9 months after the death in New Jersey. Several states also set an outside limit, such as 2 years after the death in Florida and Illinois.

What starts the creditor claim period?

One of four events, depending on the state: the court issuing letters (California, New York), the first publication of the notice to creditors (Florida, Illinois, Michigan, North Carolina, Washington), notice sent to a creditor the executor knows about, or the date of death (Ohio, New Jersey).

Should an executor pay bills before the claim period ends?

The deadline protects you. In New York and New Jersey, for example, an executor who pays out in good faith before a late claim arrives isn't liable to that creditor for those assets. Ask the court or an attorney before you hand out money early.

Sources

We last checked the statute text against the official publishers in August 2026.