Clear Money Guide
What this guide covers
A quick view of the questions and evidence developed below.
Updated July 31, 2026. Quick answer: every state gives creditors a statutory window to claim against an estate — started either by published notice or by the death itself — and an executor who distributes assets before the window closes can become personally liable for valid claims that arrive later. That single sentence explains the most common family conflict in probate: the heirs want checks, and the executor who writes them early is gambling with their own money.
How the windows actually work
Two clock designs exist. Notice-based states start a short window (a few months, commonly) when the executor publishes notice to creditors and mails it to known creditors — publishing early is therefore the executor’s best acceleration tool. Death-based states run a fixed period from the date of death regardless of notice. Known creditors usually get more protection than unknown ones, and secured debts (the mortgage) survive either way — the window cuts off unsecured stragglers. The specific length and design is state law: check your state’s probate rules alongside its costs.
What a careful executor does
Publish and mail notice immediately; keep a claims log; pay nothing questionable without court blessing; make no distributions until the window closes (partial early distributions, if any, only against signed refunding agreements from the heirs); and calendar the window next to the federal dates in the deadlines calculator. The fee the executor earns for this diligence is itself computable: the executor fee calculator.
Protection is a separate question from tax: a 401(k) and an IRA are not equally protected, and a rollover changes which rules apply — ERISA covers the plan in every state, while an IRA falls back on whatever your state provides.