How Long Do You Have To Transfer Property After Death?

Family Law | 22/02/2025 by Kaman Law Firm

Transferring property after a person’s death is a process that is governed by estate laws, which can vary significantly from state to state within the United States. The timeframe for transferring property after death often depends on several factors, including whether the deceased had a will, the type of property, and the laws that apply in the jurisdiction where the property is located.

Probate Process

The most common way to transfer property after someone dies is through the probate process. Probate is a legal process that recognizes a will and appoints the executor or personal representative who will administer the estate and distribute assets to the designated beneficiaries.

Timeline for Probate

Filing the Will and Petition: This should be done as soon as possible after the death. Some states have specific deadlines, such as within 30 days after the person’s death.
Notification of Heirs and Creditors: Once the probate case is opened, heirs and creditors must be notified. Deadlines for creditors to file claims can range from a few months to a year.
Inventory and Appraisal: The executor is responsible for taking inventory of the estate’s assets and getting appraisals if necessary. This process can take several months.
Paying Debts and Taxes: Before distributing assets to heirs, the executor must pay the estate’s debts and taxes, which can add additional time to the process.
Distribution of Assets: After all debts and taxes are paid, the remaining assets can be distributed to the heirs. This can happen relatively quickly or may take several months, depending on the complexity of the estate.

The entire probate process typically takes between 6 months to 2 years, but complex or contested estates can take even longer.

Non-Probate Transfers

Some assets may not need to go through probate and can be transferred to beneficiaries shortly after death.

Types of Non-Probate Transfers

Joint Tenancy with Right of Survivorship: Real estate owned in this manner automatically passes to the surviving owner(s) without probate.
Beneficiary Designations: Retirement accounts and life insurance policies with named beneficiaries are transferred directly to those individuals.
Payable on Death (POD) or Transfer on Death (TOD) Accounts: These allow for the direct transfer of account assets to the named beneficiary.

Timeframes for these transfers can range from immediately after death to several months, depending on the institution and the type of asset.

State Laws and Deadlines

State	Typical Probate Timeline
Alabama	6 months to a year
Alaska	6 months to a year
Arizona	6 months to a year
Arkansas	6 months to 2 years
California	9 months to 1.5 years
Colorado	6 months to 2 years
Connecticut	About a year
Delaware	9 months to 1.5 years
Florida	6 months to 2 years
Georgia	6 months to a year
Hawaii	6 months to 2 years
Idaho	6 months to a year
Illinois	6 months to 2 years
Indiana	6 months to a year
Iowa	6 months to a year
Kansas	6 months to a year
Kentucky	6 months to 2 years
Louisiana	6 months to a year
Maine	9 months to 2 years
Maryland	6 months to a year
Massachusetts	9 months to 2 years
Michigan	6 months to a year
Minnesota	6 months to a year
Mississippi	6 months to a year
Missouri	6 months to a year
Montana	6 months to a year
Nebraska	6 months to a year
Nevada	6 months to 2 years
New Hampshire	6 months to a year
New Jersey	6 months to a year
New Mexico	6 months to a year
New York	7 months to 2 years
North Carolina	6 months to a year
North Dakota	6 months to a year
Ohio	6 months to a year
Oklahoma	6 months to a year
Oregon	6 months to a year
Pennsylvania	9 months to 2 years
Rhode Island	6 months to a year
South Carolina	8 months to 2 years
South Dakota	6 months to a year
Tennessee	6 months to a year
Texas	5 months to 9 months
Utah	6 months to a year
Vermont	6 months to 2 years
Virginia	6 months to a year
Washington	9 months to 2 years
West Virginia	6 months to a year
Wisconsin	6 months to a year
Wyoming	6 months to a year