Reference
Asset protection laws by state.
DAPT status, seasoning periods, homestead caps, tenancy by the entireties, and charging-order rules for all 50 states and D.C., with corrections to several errors in widely circulated charts.
Short answer: as of August 2026, 22 states authorize some form of self-settled domestic asset protection trust. Seasoning periods run from 120 days (Wyoming, on notice) to five years (Virginia). Homestead protection ranges from nothing at all (New Jersey, Pennsylvania) to unlimited (Florida, Texas, Iowa, Kansas, South Dakota, Oklahoma, D.C.). And most published charts get the single-member LLC column wrong.
This table was compiled against state statutes directly, ACTEC's comparison charts, and published appellate decisions. Where we could not close a value out against a primary source, the cell says verify rather than repeating a figure that circulates without a source. Several entries below correct errors that appear on widely used competitor charts, those are listed at the bottom.
The table
Scroll the table sideways to see all columns; the state name stays pinned. CO = charging order. “Protective” in the TBE column means tenancy by the entireties shields the property from one spouse's individual creditors.
| State | DAPT | Statute | Seasoning | Homestead | Tenancy by entireties | CO, multi-member | CO, single-member |
|---|---|---|---|---|---|---|---|
| Alabama | Yes (2021) | Ala. Code §§ 19-3E-1 to -11 | 2 yrs; 1 yr after discovery if concealed | $18,800 ($56,400 if 62+/disabled); 160 ac. | No | Yes, foreclosure barred | Yes (statute silent on member count) |
| Alaska | Yes (1997) | Alaska Stat. § 34.40.110 | 4 yrs; +1 yr discovery | $72,900 | Real only, not protective | Yes, foreclosure barred | Yes, express |
| Arizona | No | , | , | verify, indexed annually, no official publisher | No (community property) | Yes | Unclear, silent |
| Arkansas | Yes (2023) | Ark. Code §§ 28-72-701 to -714 | Later of 2 yrs or 6 mo. after discovery | Unlimited on floor acreage (80 rural / ¼ urban); married/head of family | Real + personal, not protective | Yes, multi-member only | No, expressly excluded |
| California | No | , | , | verify, statute mandates indexing but names no publisher | No (community property) | Yes | Unclear, silent |
| Colorado | No | C.R.S. § 15-5-505(1)(b) forecloses it | , | $250,000 ($350,000 if 60+/disabled) | Abolished | No, statute silent | No, In re Albright |
| Connecticut | Yes (2020) | Conn. Gen. Stat. §§ 45a-487j to -487s | 4 yrs / 1 yr discovery | $250,000 | No, converts to joint tenancy | Yes, foreclosure barred | Yes, express |
| Delaware | Yes (1997) | 12 Del. C. §§ 3570–3576 | 4 yrs / 1 yr discovery | $200,000; bankruptcy/insolvency only | All property, protective | Yes, foreclosure barred | Yes, express |
| District of Columbia | No | , | , | Unlimited (head of family) | All property, protective | Yes | No, adverse RULLCA clause |
| Florida | No | , | , | Unlimited; ½ ac. municipal / 160 ac. outside | All property, protective | Yes, foreclosure barred | No, foreclosure expressly permitted |
| Georgia | No | , | , | $50,000 / $100,000 | No | No, expressly non-exclusive | Unclear |
| Hawaii | Yes (2010) | Haw. Rev. Stat. ch. 554G | Pre-transfer claims only, 2 yrs | $30,000 / $20,000; 1 ac. | All property, protective | Yes | Unclear |
| Idaho | No | , | , | $175,000 per spouse (to $350,000) | No (community property) | Yes | No, adverse RULLCA clause |
| Illinois | No | , | , | $50,000 | Homestead only | Yes | Unclear, silent |
| Indiana | Yes (2019) | Ind. Code §§ 30-4-8-1 to -16 | Later of 2 yrs or 6 mo. after recording | $22,750 ($45,500 via TBE) | Real only, protective, rents reachable | No, no exclusivity language | No / Unclear |
| Iowa | No | , | , | Unlimited; ½ ac. city / 40 ac. | No | Yes | No, adverse RULLCA clause |
| Kansas | No | , | , | Unlimited; 1 ac. town / 160 ac. farm | No | Yes, foreclosure barred | Yes, express |
| Kentucky | No | , | , | $5,000 (unchanged since 1980) | Real only, limited | Yes | Unclear, silent |
| Louisiana | No | , | , | $35,000; 5 ac. municipal / 200 ac. | No (community property) | No, no exclusivity language | No / Unclear |
| Maine | No | , | , | $94,300 / $188,550 | Abolished 1844 | Yes, foreclosure barred | Unclear, silent |
| Maryland | No | , | , | $31,575; bankruptcy only | All property, protective | Yes | Unclear, In re Modanlo adverse |
| Massachusetts | No | , | , | $125,000 automatic / $1,000,000 declared | Real; personalty unresolved | No, no exclusivity language | No / Unclear |
| Michigan | Yes (2017) | MCL §§ 700.1041–700.1050 | 2 yrs; 1 yr after discovery if concealed | $51,150 / $76,725 in bankruptcy; 40 ac. unplatted | Real + some personalty, protective | Yes, foreclosure barred | Unclear, silent |
| Minnesota | No | , | , | $540,000 ($1,350,000 agricultural); 160 ac. | Abolished | Yes | Unclear, declined adverse clause |
| Mississippi | Yes (2014) | Miss. Code §§ 91-9-701 to -723 | 2 yrs / 6 mo. discovery | $75,000; 160 ac. | Land, protective | Yes (§ 79-29-705) | Unclear |
| Missouri | Yes (1986), weak | Mo. Rev. Stat. § 456.5-505(3) | None DAPT-specific; UFTA applies | $15,000 ($40,000 from 1/1/2027) | All property, protective | No, no exclusivity language | No / Unclear |
| Montana | No | , | , | verify, statutory 4%/yr adjustment | No | Yes | Unclear, silent |
| Nebraska | No | , | , | $120,000; 160 ac. rural | No | Yes | Unclear, silent |
| Nevada | Yes (1999) | Nev. Rev. Stat. ch. 166 | 2 yrs, or 6 mo. after discovery, whichever is later. No exception creditors | $605,000, not indexed | No (community property) | Yes, foreclosure barred | Yes, express (but see In re Cleveland) |
| New Hampshire | Yes (2008) | RSA § 564-B:5-505A | Later of 4 yrs or 1 yr after discovery | $400,000/person; $550,000 household cap | No, creates joint tenancy | Yes | No, expressly adverse |
| New Jersey | No | , | , | None (federal $31,575 available) | All property, partial | Yes, foreclosure barred | Unclear, silent |
| New Mexico | No | , | , | $150,000 ($300,000 surviving spouse) | No (community property) | No, no exclusivity clause | No / Unclear |
| New York | No | , | , | $204,825 / $170,700 / $102,400 by county tier | Real + co-op shares, limited | No, no exclusivity clause | No, 79 Madison LLC v. Ebrahimzadeh |
| North Carolina | No | , | , | $35,000 ($60,000 certain unmarried 65+) | Real only, protective | Yes | Unclear, silent |
| North Dakota | No | , | , | $150,000; no acreage cap | No | Yes, foreclosure barred | Yes, express |
| Ohio | Yes (2013) | Ohio Rev. Code §§ 5816.01–5816.14 | 18 months (absolute bar 3.5 yrs) | $182,625 | Abolished prospectively 1985 | Yes, foreclosure barred | Unclear, silent (commonly mislisted) |
| Oklahoma | Yes (2024 OQDTA) | 60 O.S. §§ 1301–1319 | No transfer-based seasoning; 5 yrs after final judgment. $10M cap | Unlimited; 1 ac. urban / 160 ac. rural | Real + personal, but execution permitted | Yes, foreclosure barred | Yes, express |
| Oregon | No | , | , | $158,300 / $316,700 | Real only, limited | No, no exclusivity clause | No / Unclear |
| Pennsylvania | No | , | , | None ($300 wildcard); TBE is the real tool | All property, protective | Yes, foreclosure permitted | Illusory, adverse sole-member clause |
| Rhode Island | Yes (1999) | R.I. Gen. Laws §§ 18-9.2-1 to -7 | 4 yrs / 1 yr discovery | $500,000; expressly no doubling | Real, protective | No, no exclusivity clause | Unclear (commonly mislisted) |
| South Carolina | No | , | , | $80,125 / $160,250 aggregate | Abolished | Yes | Unclear, silent |
| South Dakota | Yes (2005) | SDCL §§ 55-16-1 to -16 | Later of 2 yrs or 6 mo. after discovery | Unlimited; 1 ac. town / 160 ac. | No, never recognized | Yes, foreclosure barred | Yes, express |
| Tennessee | Yes (2007) | Tenn. Code §§ 35-16-101 to -112 | 18 months / 6 mo. discovery | $35,000 ($52,500 joint) | All property incl. accounts, limited | Yes | Unclear, silent (commonly mislisted) |
| Texas | No | , | , | Unlimited; 10 ac. urban / 100–200 ac. rural | No (community property) | Yes, foreclosure barred | Yes, express since 9/1/2023 |
| Utah | Yes (2003) | Utah Code §§ 75B-1-301 et seq. | Earlier of (later of 2 yrs / 1 yr discovery) or 120 days after notice | $53,700 / $107,500 household; 1 ac. | No, converts to joint tenancy | Yes, foreclosure permitted | Illusory, adverse clause |
| Vermont | No | , | , | $125,000; does not double | All property, protective | Yes, foreclosure permitted | Illusory, adverse clause |
| Virginia | Yes (2012) | Va. Code §§ 64.2-745.1, -745.2 | 5 years from recordation, longest | $50,000 residence + general exemptions | All property, preserved in trusts, protective | Yes | Yes, by judicial holding, statute silent |
| Washington | No | , | , | Greater of $125,000 or county median sale price | No (community property) | Yes | Unclear, silent |
| West Virginia | Yes (2016) | W. Va. Code §§ 44D-5-503a to -503c | 4 years | $35,000 in bankruptcy only; $5,000 outside | Abolished | Yes, foreclosure permitted | Unclear, silent |
| Wisconsin | No | , | , | $75,000 (doubles to $150,000) | Abolished (marital property) | Yes, foreclosure permitted | Illusory, adverse clause |
| Wyoming | Yes (2007/2013) | Wyo. Stat. §§ 4-10-510 to -523 | 120 days after notice; otherwise later of 2 yrs or 6 mo. discovery | $100,000; no acreage limit; doubles per co-owner | All property, protective | Yes, foreclosure barred; extends to LLC's own assets | Yes, express |
Two caveats that override everything above
1. Bankruptcy overrides most of this
11 U.S.C. § 522(p) caps a state homestead exemption at $214,000 for equity acquired within 1,215 days before a bankruptcy filing, which guts the headline figure in every unlimited-homestead state. And 11 U.S.C. § 541 vests a debtor's entire LLC interest, economic and governance, in the estate, with § 541(c)(1) voiding state-law assignee limitations. Even Nevada's exceptionally strong charging-order statute has yielded to § 541 in a reported decision. See In re Albright.
2. Your domicile may govern, not the state you choose
UVTA § 10(b) points a voidable-transfer claim to the law of the jurisdiction where the debtor is located. Courts have disregarded a DAPT state's law where the settlor, assets, beneficiaries and drafting attorney were all somewhere else, see In re Huber and Portnoy. No published decision has squarely upheld a DAPT against a creditor of a settlor domiciled in a non-DAPT state. If you live in California, that is the most important sentence on this page, see offshore vs. domestic.
Corrections to charts you may have seen
These are places where our reading of the statute differs from what is commonly published:
- Colorado is not a DAPT state. C.R.S. § 15-5-505(1)(b) forecloses it. Older charts rely on dictum in In re Baum.
- Nevada's homestead is not indexed. It is a flat $605,000; no CPI mechanism exists in NRS ch. 115 or 21.090.
- Ohio, Tennessee and Rhode Island are commonly listed as single-member-LLC protective. None is, all three statutes are silent.
- Pennsylvania, Utah, Vermont, Wisconsin and New Hampshire are often listed as protective but contain the adverse RULLCA sole-member clause, under which a foreclosure purchaser takes the entire interest and the debtor is dissociated.
- Arkansas (2023) and Oklahoma's OQDTA (2024) are the newest DAPT statutes; most charts still say 19 or 20 states.
- Arizona and California homestead figures should not be published as hard numbers. Both statutes mandate annual indexing but designate no agency to compute or publish it.
Using this
A table tells you what the statutes say. It cannot tell you which one fits your assets, your domicile, your risk profile and your timeline, and for most clients the domicile question in caveat 2 matters more than any column above. To work through your situation, call (858) 755-6672.
Sources and currency
Compiled August 2026 from state statutes, the ACTEC Comparison of the Domestic Asset Protection Trust Statutes, Uniform Law Commission enactment records, and published opinions. Statutes change and figures are frequently adjusted. This is informational only, is not legal advice, and should not be relied on without confirming the current text of the governing statute.
Related resources
Keep going
Common questions
Frequently asked
How many states have domestic asset protection trust statutes?
As of August 2026, 22 states authorize some form of self-settled domestic asset protection trust. Alaska and Delaware were first in 1997; Arkansas (2023) and Oklahoma's Qualified Domestic Trust Act (2024) are the most recent. Many published charts still say 19 or 20.
Which state has the shortest DAPT seasoning period?
Wyoming's is the shortest at 120 days, but only where statutory notice is given; absent notice it reverts to the later of two years or six months after discovery. Ohio and Tennessee use 18 months. Nevada is two years, or six months after discovery, whichever is later. Virginia's five years from recordation is the longest.
Which states protect single-member LLCs with a charging order?
A minority, and fewer than most charts suggest. Alaska, Connecticut, Delaware, Kansas, Nevada, North Dakota, Oklahoma, South Dakota, Texas and Wyoming provide express statutory protection. Several states commonly listed as protective, including Ohio, Tennessee and Rhode Island, are actually silent, and Pennsylvania, Utah, Vermont, Wisconsin and New Hampshire contain adverse sole-member provisions.
Which states have unlimited homestead exemptions?
Florida, Texas, Iowa, Kansas, South Dakota, Oklahoma and the District of Columbia provide unlimited or effectively unlimited homestead protection by value, though most impose acreage limits. Note that 11 U.S.C. § 522(p) caps the exemption at $214,000 for equity acquired within 1,215 days of a bankruptcy filing.
This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.
Here to protect what is yours
Speak with our skilled attorneys.
Request a consultation to create a customized protection plan for your family and business.
Contact us today