Probate is the court-supervised, legal process of settling the estate of a deceased person. If there was a last will and testament, the procedure serves to validate it and settle any disputes over inheritances; if the decedent died without a will, the court must appoint an administrator for the estate. Probate also gives the executor named in the will the legal authority to oversee the probate estate, which includes distributing assets and paying debts.

How Does Probate Work?

Although the details of the formal probate process vary by state, there are some general steps that are common in every jurisdiction. First, in order to probate a will, the document must be presented to the probate court in order to schedule a hearing to appoint either the executor named therein or an administrator for the estate (also known as a personal representative). Notice of the hearing must be given to the decedentâs heirs and beneficiaries.After the personal representative of the estate is appointed, he or she must give notice to all known creditors of the estate and also conduct an inventory of the estateâs assets, now called âprobate property.â This can include real property (real estate, buildings, other fixed items), personal property (jewelry, clothes, other movable objects), stocks, bonds, business interests, and the like.Once any objections are handled and the probate hearing is over, the personal representative can pay creditors and any estate taxes as well as request permission to begin distributing estate property to heirs according to the willâs provisions (or according to state intestacy law if there was no will).When all debts have been paid and property distributed, the court should be notified so the estate can be closed.

How Long Does It Take To Probate A Will?

Generally speaking, probating a will should take less than a year, although in unfortunate cases it can take even longer. Some factors that can make for a longer probate process may include the following:Will contests challenging validity of the will and/or certain bequests âComplicatedâ assets such as business interests, which are trickier to distribute to heirs, as opposed to straightforward ones like bank accounts Taxable estate, mostly because an additional governmental entity (Internal Revenue Service) will be involved On the bright side, though, some states do have simplified procedures for smaller estates (those with a value below a certain amount), which can shorten the length of the probate process considerably. New York, for example, uses the Small Estates Affidavit to allow assets of an estate to be distributed without getting the probate court involved through a simple sworn statement (affidavit) executed by the person(s) entitled to receive probate property.

Can an Estate Avoid Probate?

But what about avoiding probate? Is it possible?In the interest of having as fast and inexpensive probate process as possible, it may be desirable to skip it altogether. The good news for those wondering how to avoid probate is that there are several ways, such as the joint ownership of property (property passes directly to other owner) or by designating intended beneficiaries directly on life insurance, retirement, bank (âpay-on-deathâ or POD), and investment (âtransfer-on-deathâ or TOD) accounts. Creating a living trust is another option. The grantor (person writing the trust) funds it by putting in assets of his or her choice. The grantor retains control over the trustâs property until death or incapacitation. At that point, the trust is turned over to the successor trustee (previously chosen by the grantor) to distribute trust property according to the grantorâs wishes. All of this happens outside the probate process.

Do I Need A Probate Lawyer?

Hiring a probate lawyer is not a legal requirement during the process, but if you are involved in probate, you might want to speak with an attorney for adviceâespecially if you are serving as an executor or administrator and you have questions about your role or actions as you probate an estate.Overall, remember that the best way to make sure the probate process goes as quickly and smoothly as possible for your own estate is to plan ahead of time.

How Long Does Probate Take? Plus Tips for Navigating the Process

Q: how long after probate can funds be distributed?

funds can only be distributed after all debts, taxes, and administrative expenses are paid. the executor must wait for the creditor claim period to expire (usually 3–6 months) and resolve any valid claims before making distributions. this typically takes anywhere from a few months to a year, although complex estates can take longer.

Q: how long does probate take if there is a will?

wills generally make probate more straightforward, but they don’t necessarily make it faster. most estates with clear wills complete probate in 6–12 months, assuming no complications arise. the will provides guidance for asset distribution and names an executor, but the estate must still go through the full probate process including creditor notifications, asset inventory, and court approvals.

Q: why is probate taking so long?

common reasons for probate delays include will contests or family disputes, complex asset valuations, tax complications, creditor claim disputes, court scheduling backlogs, and incomplete documentation. estates involving business interests, multiple properties, or significant debts typically take longer to resolve. communication issues between executors and beneficiaries can also create unnecessary delays.

Q: are there faster alternatives to probate?

yes, several alternatives can avoid or expedite probate. small estate procedures available in most states can avoid probate altogether or streamline the process for qualifying estates. some states also offer summary or informal probate procedures for less complex estates. planning ahead can also help—living trusts, joint ownership, and beneficiary designations allow assets to transfer directly to beneficiaries without probate.

Q: do all estates have to go through probate?

not all estates require probate. assets with designated beneficiaries (retirement accounts, life insurance), jointly owned property, and trust assets typically avoid probate. very small estates may qualify for simplified procedures or affidavit processes. however, any assets owned solely by the deceased without beneficiary designations generally require probate for legal transfer to heirs.

The complexity of your estate, local laws, and liabilities can all impact the length of probate. But, planning ahead may help speed things up.

Ready to start your estate plan?

Start My Estate Plan

Excellent

A woman speaks on the phone about the estate she is the executor for.

Estate Planning Basics

Get an Estate Plan

Fabrienne Bottero

Fabrienne is a writer and journalist who specializes in branding and content strategy. In the last five years, she’s written about legal advice, career management, mental health, and more. Her love of research and learning assures that everything she writes is grounded in fact and accessible to anyone.

Key takeaways

Average probate timeline: Most estates complete probate within 6–12 months, with simple estates potentially finishing in 3–6 months.
Main factors affecting duration: Will disputes, asset complexity, tax obligations, and state-specific requirements significantly impact timelines.
Options to expedite or avoid probate: Small estate procedures, living trusts, and proper estate planning can streamline the process or bypass it entirely.
When to seek attorney guidance: Most estates benefit from attorney advice. You can expect more attorney involvement for complex estates, multi-state assets, contested wills, or significant tax implications.

What is probate and how does it work?

Probate is the court-supervised legal process of settling a deceased person's estate, validating their will (if one exists), and ensuring proper asset distribution to beneficiaries. The process serves multiple important functions:

Provides legal authority to the executor or administrator
Protects creditors' rights
Protects beneficiaries
Resolves disputes among beneficiaries
Ensures taxes and debts are properly paid before assets are distributed

The role of the executor or personal representative

The executor named in the will (or administrator appointed by the court if there's no will) serves as the estate's legal representative throughout probate. This person has the authority and responsibility to gather assets, pay debts and taxes, communicate with beneficiaries, and ultimately distribute the remaining estate according to the will's terms or state intestacy laws.

Not sure where to start your estate plan?

We’ll help guide you through your estate plan—whether you need a will or  trust.

Find your plan

How long does probate take? Average timeframes and examples

Most straightforward probate cases conclude within 6–12 months from the initial filing. However, this timeline can extend considerably when complications arise. Complex cases may even take several years to resolve completely.

Timeline comparison by estate type

Estate Type	Average Timeline	Key Characteristics
Simple/Small Estate	3–6 months	Clear will, minimal assets, no disputes
Standard Estate	6–12 months	Multiple assets, several beneficiaries, routine complexity
Complex Estate	1+ years	Business interests, tax issues, will contests, assets in multiple states

Estate Type	Average Timeline	Key Characteristics
Simple/Small Estate	3–6 months	Clear will, minimal assets, no disputes
Standard Estate	6–12 months	Multiple assets, several beneficiaries, routine complexity
Complex Estate	1+ years	Business interests, tax issues, will contests, assets in multiple states

State-specific timeline examples

California: Standard probate typically takes 9–18 months, with a mandatory 4-month creditor claim period. Estates that meet certain criteria can use a Small Estate Affidavit to avoid probate altogether

New York: Simple estates using the Small Estates Affidavit can conclude in 2–4 months, while full probate generally takes 7–12 months. New York requires publication of notices and has specific inventory filing deadlines.

Florida: Summary administration for smaller estates (under $75,000 or estates where the decedent died more than two years ago) can finish in 2–6 months, while formal administration typically takes 6–12 months.

Texas: Independent administration (available when the will permits or all beneficiaries agree) can conclude in 4–8 months, depending on the complexity of the estate. Dependent administration under court supervision typically takes 8–15 months.

Key steps in the probate process

The goal of probate is to ensure proper estate administration and asset distribution. While specific requirements vary by state, the following steps provide a roadmap for what to expect during probate proceedings if there is a will in place. If there is no will, the process will be different.

1. File the will and petition for probate

Timeline: 1–4 weeks

The executor must file the original will and a petition for probate with the appropriate court, typically in the county where the deceased lived. This filing officially begins the probate process and requests the court to validate the will and appoint the executor. Some states, like Florida, have specific timelines for filing after the decedent’s passing.

Required documents usually include the death certificate, the original will, and a petition that lists beneficiaries and provides basic estate information.

2. Court hearing and executor appointment

Timeline: 2–8 weeks after filing

The court schedules a hearing to validate the will and formally appoint the executor. Notice of this hearing must be provided to all beneficiaries and heirs, even those not named in the will.

Once appointed, the executor receives letters testamentary, which provide legal authority to act on behalf of the estate.

3. Notify creditors and beneficiaries

Timeline: Immediately after appointment, with ongoing requirements

The executor must notify known creditors of the death and probate proceedings, typically by certified mail. Most states also require publication of a notice in local newspapers to alert unknown creditors.

Beneficiaries must receive formal notice of the probate proceedings and their rights in the process.

4. Inventory and appraise estate assets

Timeline: 30–90 days, depending on state requirements

The executor must locate, inventory, and determine the value of all probate assets. This includes real estate appraisals, business valuations, and assessment of personal property.

The completed inventory must be filed with the court within the timeframe specified by state law.

5. Pay debts, taxes, and administrative expenses

Timeline: 3–12 months, depending on complexity

Valid creditor claims must be paid from estate assets. The executor must also file final income tax returns for the deceased, pay any estate taxes owed, and handle ongoing estate expenses.

This step often takes the longest, as it includes waiting for the creditor claim period to expire and resolving any disputed claims.

6. Distribute remaining assets to beneficiaries

Timeline: 1–3 months after debts are resolved

Once all debts and taxes are paid, the executor can distribute the remaining assets according to the will's terms. This may involve selling assets, transferring property titles, or distributing cash and personal property.

7. Close the estate

Timeline: 2–4 weeks after distribution

The executor files a final accounting with the court showing all estate transactions, distributions made, and remaining assets (if any). Once the court approves this final accounting, the estate is officially closed and the executor is discharged from their duties.

One estate plan for your legacy and loved ones

Get your will, trust, power of attorney, and more—built by attorneys and tailored to your life.

Build your plan

What factors affect the probate timeline?

Several key factors can significantly extend or shorten the probate process.

Will contests and family disputes. Challenges to the will's validity, disputes over asset distribution, or disagreements among beneficiaries can add months or years to probate. These contests require additional court hearings, legal discovery, and potentially mediation or trial proceedings.
Asset complexity and valuation challenges. Business interests, real estate in multiple states, collectibles, intellectual property, and other unique assets require professional appraisals and specialized handling. These valuations take time and may need court approval before proceeding.
Tax obligations and government involvement. Estates subject to federal or state estate taxes require additional filings and approvals from tax authorities. The IRS typically has up to three years to audit estate tax returns, potentially keeping the estate open longer.
Court backlog and administrative delays. Probate courts in busy jurisdictions may have scheduling delays for hearings and document processing. Some courts experience significant backlogs, particularly in metropolitan areas.
Creditor claims and debt resolution. The creditor claim period, typically 3–6 months depending on the state, must expire before final distribution. Valid claims must be paid, and disputed claims may require court resolution.

How to expedite or avoid probate

While probate serves important legal functions, there are legitimate ways to streamline the process or avoid it entirely through proper estate planning. These strategies can save time, reduce costs, and minimize stress for your beneficiaries.

Ways to speed up the probate process

Maintain organized records. Keep detailed records of assets, debts, and important documents in an easily accessible location. This preparation allows the executor to complete inventories and filings more quickly.
Choose a competent executor. Select someone who is organized, available, and capable of handling the responsibilities. Consider naming a successor executor in case your first choice cannot serve.
Use small estate procedures, if available. Many states offer simplified probate procedures for estates below certain value thresholds. These procedures typically involve less court supervision and shorter timelines.
Consider professional assistance. Working with experienced probate attorneys or estate planning professionals can help navigate complex requirements more efficiently and avoid costly mistakes.

Strategies to avoid probate entirely

Living trusts. Creating a living trust and transferring assets into the trust during your lifetime allows those assets to pass directly to beneficiaries without probate. The successor trustee can distribute trust assets according to your instructions without court involvement.
Joint ownership. Property owned jointly with rights of survivorship automatically passes to the surviving owner upon death. This includes joint bank accounts, real estate, and investment accounts.
Beneficiary designations. Retirement accounts, life insurance policies, and many bank and investment accounts allow you to name beneficiaries who receive the assets directly upon your death. These transfers occur outside of probate.
Transfer-on-death (TOD) and payable-on-death (POD) accounts. Many states allow TOD designations for investment accounts and POD designations for bank accounts, enabling direct transfer to named beneficiaries.
Gifts during lifetime. Transferring assets as gifts during your lifetime removes them from your probate estate, though this strategy requires careful consideration of tax implications and your ongoing financial needs.

Skip court with a trust estate plan

A trust helps your family avoid the extra cost, time, and stress of probate. We’ll guide you through the setup.

Start your trust

When to consult a probate attorney

While typically not legally required, probate attorneys provide valuable guidance through complex legal procedures and can help avoid costly mistakes. Many executors benefit from at least an initial consultation with a probate attorney to understand their responsibilities and identify potential complications.

Situations that typically require attorney assistance

Contested wills or family disputes. When beneficiaries challenge the will's validity or dispute asset distribution, legal representation becomes essential to protect the estate's interests and ensure proper resolution.
Complex asset portfolios. Estates involving business interests, multiple properties, significant investments, or unique assets like intellectual property require specialized knowledge to handle properly.
Multi-state assets. When the deceased owned property in multiple states, the executor may need to initiate ancillary probate proceedings in each state, requiring coordination of different legal requirements.
Significant tax obligations. Estates subject to federal or state estate taxes, or those with complex income tax issues, benefit from attorneys who understand tax law and can coordinate with tax professionals.
Executor liability concerns. When executors face potential personal liability for estate debts or beneficiary claims, legal guidance helps protect their interests while fulfilling their duties.

Benefits of professional legal guidance

Experienced probate attorneys understand local court procedures, filing requirements, and common pitfalls that can delay or complicate probate. They can help executors fulfill their fiduciary duties while minimizing personal liability.

Attorneys can also facilitate communication between family members, help resolve disputes before they require court intervention, and ensure all legal requirements are met properly and on time.

Get guidance from an estate  planning attorney

Premium plans include attorney guidance, annual reviews, and more—so you can create one with confidence.

Get attorney help

How LegalZoom supports estate plans and probate

LegalZoom provides estate plan packages designed to help you protect your interests, avoid probate complications, and prepare your beneficiaries for a smoother process. Our platform combines user-friendly technology with access to experienced attorneys, making estate planning accessible and affordable.

If you choose to create your estate plan with LegalZoom, you can access tools for will creation, living trust formation, and other estate planning documents. Our step-by-step process guides you through important decisions while ensuring your documents meet your state's legal requirements.

For those already facing probate, LegalZoom offers resources and attorney consultations to help navigate the process more effectively. Our network of experienced estate planning attorneys can provide guidance tailored to your specific situation and state requirements.

Probate timeline FAQs

How long after probate can funds be distributed?

Funds can only be distributed after all debts, taxes, and administrative expenses are paid. The executor must wait for the creditor claim period to expire (usually 3–6 months) and resolve any valid claims before making distributions. This typically takes anywhere from a few months to a year, although complex estates can take longer.

How long does probate take if there is a will?

Wills generally make probate more straightforward, but they don’t necessarily make it faster. Most estates with clear wills complete probate in 6–12 months, assuming no complications arise. The will provides guidance for asset distribution and names an executor, but the estate must still go through the full probate process including creditor notifications, asset inventory, and court approvals.

Why is probate taking so long?

Common reasons for probate delays include will contests or family disputes, complex asset valuations, tax complications, creditor claim disputes, court scheduling backlogs, and incomplete documentation. Estates involving business interests, multiple properties, or significant debts typically take longer to resolve. Communication issues between executors and beneficiaries can also create unnecessary delays.

Are there faster alternatives to probate?

Yes, several alternatives can avoid or expedite probate. Small estate procedures available in most states can avoid probate altogether or streamline the process for qualifying estates. Some states also offer summary or informal probate procedures for less complex estates. Planning ahead can also help—living trusts, joint ownership, and beneficiary designations allow assets to transfer directly to beneficiaries without probate.

Do all estates have to go through probate?

Not all estates require probate. Assets with designated beneficiaries (retirement accounts, life insurance), jointly owned property, and trust assets typically avoid probate. Very small estates may qualify for simplified procedures or affidavit processes. However, any assets owned solely by the deceased without beneficiary designations generally require probate for legal transfer to heirs.

How long does probate take in California?

California probate typically takes 9–18 months for standard estates, with a mandatory 4-month creditor claim period. The state offers simplified procedures for estates valued under $184,500, which can conclude without probate. Complex estates involving real estate, business interests, or family disputes may even take several years to complete.

Michelle Kaminsky, Esq., contributed to this article.

Ready to start your estate plan?Start My Estate Plan

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

Register your business

Run your business

Protect your business

Estate plans

Family

Real estate

Services