Oldwolf:

Scratch the bark on the trunk or one of the branches. If you see the cambium layer just under the bark is bright green then the tree is still alive. The branches should also
still be pliable instead of brittle.

If the cambium is brown and the branch is brittle it is dead.

When the tree will bud out will depend on temperature and
moisture. A cool spring will delay this process. I have had
bare-root bud out a week after planting and some that took
a month before doing so. As long as the tree is still alive,
keep the soil moist and be patient.

Thanks for the answer. I broke a piece off the tip of one of the branches and it did snap, but held on and tried to skin the rest if the branch when I pulled it off. Didn't check for the green part. I'll do that today. It has been pretty warm this fall as well as the start of spring here in Calif. actually my St augustine lawn is in full green no and all my roses are blooming already. Nothing on that apple yet though. We'll see. Thanks again!