Executor Timeline: The Statutory Clock After a Death
The law gives an executor two clocks: a waiting period before a small-estate affidavit can be used, and a creditor claim period once full probate starts. Together they set the earliest dates things can happen.
Clock one: the small-estate wait
31 of the 51 jurisdictions on this site write a waiting period into the small-estate statute; the median is 30 days.
| State | Wait | Earliest date for a January 15, 2026 death |
|---|---|---|
| Alaska | 30 days | February 14, 2026 |
| Arizona | 30 days | February 14, 2026 |
| Arkansas | 45 days | March 1, 2026 |
| California | 40 days | February 24, 2026 |
| Colorado | 10 days | January 25, 2026 |
| Delaware | 30 days | February 14, 2026 |
| Idaho | 30 days | February 14, 2026 |
| Indiana | 45 days | March 1, 2026 |
| Iowa | 40 days | February 24, 2026 |
| Maine | 30 days | February 14, 2026 |
| Massachusetts | 30 days | February 14, 2026 |
| Michigan | 28 days | February 12, 2026 |
| Minnesota | 30 days | February 14, 2026 |
| Mississippi | 30 days | February 14, 2026 |
| Missouri | 30 days | February 14, 2026 |
| Montana | 30 days | February 14, 2026 |
| Nebraska | 30 days | February 14, 2026 |
| Nevada | 40 days | February 24, 2026 |
| New Mexico | 30 days | February 14, 2026 |
| North Carolina | 30 days | February 14, 2026 |
| North Dakota | 30 days | February 14, 2026 |
| Oklahoma | 10 days | January 25, 2026 |
| Oregon | 30 days | February 14, 2026 |
| Rhode Island | 30 days | February 14, 2026 |
| South Carolina | 30 days | February 14, 2026 |
| South Dakota | 30 days | February 14, 2026 |
| Texas | 30 days | February 14, 2026 |
| Utah | 30 days | February 14, 2026 |
| Virginia | 60 days | March 16, 2026 |
| Washington | 40 days | February 24, 2026 |
| Wyoming | 30 days | February 14, 2026 |
Clock two: the creditor period
If the estate is over the limit, a personal representative is appointed and notice goes to creditors. The creditor claim periods guide lists each state's period; the state timeline pages draw them to scale.
A first-month checklist that does not depend on the state
- Order several certified death certificates; most asset holders and the court want an original.
- Find the original will and any later codicils.
- List what the person owned alone, what was joint, and what had a named beneficiary — only the first group is usually probate property.
- List debts and regular bills, and keep paying insurance on property.
- Ask the probate court clerk in the county of residence which route the court uses for an estate of this size; the clerk can explain forms and fees but not give legal advice.
Sources
Waiting periods and claim periods: each state's statute as linked on its page, checked 2026-10-20. See the methodology.
Questions
How soon after a death can a small estate affidavit be used?
Only after the waiting period in the state's statute has passed, where it sets one. The table on this page lists them.
What are the first things an executor does?
Find the will, secure property, get certified death certificates, list assets and debts, and decide with the court clerk whether the small-estate route or full probate applies.