Probate Timeline
How Long Does Probate Take?
Simple uncontested probate runs 6 to 12 months in most states. A contested estate or one with creditor claims takes 1 to 3 years. California takes 12 to 18 months even for simple estates because the statutory creditor-claim period and court calendars are slow. The single best way to make probate faster: avoid it entirely with a revocable living trust.
The Short Answer
Simple uncontested probate: 6–12 months. Contested estate: 1–3 years. Estates over $1M: 12–24 months because of tax filings. California: 12–18 months minimum. Probate fees on a $1M estate average $30,000–$60,000. Revocable living trust ($1,500–$3,500) avoids probate entirely. The math always favors the trust.
How we wrote this: Our editorial team reviewed published rates, court rules, statutes, peer publications, and our own data from working with vetted firms. We do not accept payment for placement, and we do not write sponsored content. More on our methodology →
What probate actually does
Probate is the court-supervised process of validating a will, identifying and notifying heirs and creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.
It's mandatory for probate assets — generally, anything titled in the decedent's name alone with no beneficiary designation. Joint accounts, retirement accounts with named beneficiaries, life insurance, payable-on-death accounts, and assets in a revocable living trust pass outside probate.
Probate is public. The will is filed with the court; the inventory of assets is filed; objections are heard in open court.
Probate is slow. Even uncontested estates take 6–12 months because creditor claim periods, statutory notice periods, and tax-filing requirements all run during probate.
Probate is expensive. Filing fees, executor fees, attorney fees, appraisal fees, and bond premiums typically total 3–7% of the gross estate. California's statutory schedule on a $1M estate is roughly $46,000.
Typical probate timeline
Month 1: Petition for probate filed. Court accepts the will and appoints the personal representative (executor). Letters Testamentary issued.
Months 1–3: Notice to heirs and creditors. Statutory periods vary — typically 4 months for creditor claims after publication, with personal notice for known creditors.
Months 2–6: Asset inventory. Personal representative inventories all probate assets, often using appraisers for real estate, businesses, or unusual property.
Months 4–8: Creditor claims period. Creditors who file timely claims get paid (or contested). Untimely claims are barred.
Months 6–10: Tax filings. Final personal income tax (Form 1040), estate income tax (Form 1041), and federal estate tax (Form 706) if estate exceeds the exemption. Federal 706 due 9 months after death.
Months 8–12: Distribution petition or final accounting. Personal representative petitions the court to approve distribution.
Month 12+: Final distribution and discharge. Personal representative distributes assets per the will, files final accounting, and is discharged.
Most simple cases finalize between months 9 and 14.
By state — major variations
California: 12–18 months minimum even for simple estates because the 4-month creditor claim period is added to court scheduling and statutory waiting periods. Statutory fees on a $1M estate: approximately $46,000.
Florida: 6–12 months for uncontested. "Summary administration" available for estates under $75,000 or for estates where the decedent died more than 2 years ago — much faster.
Texas: 6–9 months for uncontested. "Independent administration" common — minimal court supervision, faster timeline.
New York: 9–18 months. Surrogate's Court timelines vary by county; New York County (Manhattan) is generally faster than other counties.
Illinois: 6–12 months. Independent administration common.
Massachusetts: 9–18 months. Voluntary administration available for small estates (under $25,000 + one car).
Pennsylvania: 6–18 months. Pennsylvania has both Letters Testamentary and Letters of Administration; informal practice is common.
Washington: 6–12 months. Non-intervention powers common, reducing court supervision.
Most states have small-estate procedures (estates under $20,000–$75,000) that finish in 30–90 days. These can be self-administered without an attorney.
What can speed up probate
Independent administration / non-intervention powers. Many states allow the personal representative to administer the estate with minimal court supervision. Saves months of court hearings.
Small estate affidavit. Estates under the state's small-estate threshold can often skip formal probate entirely. Threshold varies $20,000–$166,000.
Will with self-proving affidavit. Modern wills include affidavits from witnesses signed at execution. Avoids the need to call witnesses years later.
Surviving spouse simplifications. Many states have streamlined procedures when the entire estate passes to a surviving spouse.
Cooperative beneficiaries. No will contest, no objections, no inheritance disputes.
Organized records. Personal representative who has the decedent's documents, account information, and contact lists organized can complete the inventory in weeks rather than months.
Efficient executor. Engaged personal representative who handles tasks promptly. A disengaged executor adds months to every step.
What slows probate down
Will contest. Challenges to the will's validity (lack of capacity, undue influence, improper execution) trigger litigation. 1–3+ years.
Creditor disputes. Contested claims by creditors (medical bills, credit cards, unsecured debts) require court resolution.
Real estate sales. Selling probate real estate often requires court approval, an appraiser's report, and statutory notice. Adds 2–6 months.
Business interest valuation. Closely held businesses require formal appraisal — 2–6 months for the appraisal alone, plus dispute periods.
Tax issues. Federal estate tax returns (Form 706) take time to prepare and IRS examination can add a year. State estate or inheritance taxes have their own timelines.
Multiple states (ancillary probate). Real estate in multiple states requires probate in each. Add 6–12 months and another full set of fees.
Lost will. If the original will is missing, the proponents must file a petition to admit a copy. Litigation often follows.
Heir disputes. Even without a will contest, beneficiary disagreements over personal property, valuations, and timing add months.
Missing heirs. Diligent search requirement; sometimes requires hiring a heir-search firm.
Fiduciary disputes. Allegations that the personal representative breached duties trigger litigation.
How a revocable living trust avoids probate
Assets titled in the trust's name pass to beneficiaries per the trust's terms — no court involvement.
The trust is private. No public filing of the trust document, the inventory, or the distribution.
The trust is fast. Successor trustee distributes assets within weeks of the death certificate, not months or years.
The trust is cheap. The trust costs $1,500–$3,500 to set up; trust administration after death typically costs $1,500–$5,000 in legal fees vs. $20,000–$60,000+ in probate fees.
The trust requires funding. The trust only avoids probate for assets actually titled in the trust's name. Many DIY trusts are unfunded — the trust exists on paper but holds nothing.
Common trust-funding tasks: deed real estate to the trust; retitle bank and brokerage accounts; update beneficiary designations on retirement accounts and life insurance.
The trust complements (does not replace) other probate-avoidance tools: joint ownership with right of survivorship, payable-on-death (POD) and transfer-on-death (TOD) designations, and beneficiary designations on retirement and life insurance.
After death, the trust assets pass to beneficiaries privately and quickly — typically within 4–8 weeks. Probate is avoided entirely.
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Frequently asked questions
Can I skip probate?
Yes — for assets in a revocable living trust, assets passing by beneficiary designation, joint accounts with right of survivorship, payable-on-death accounts, and assets passing through small-estate affidavit. Anything else titled in the decedent's name alone goes through probate.
How much does probate cost?
Filing fees: $200–$1,500. Personal representative fees: 2–5% of gross estate (statutory schedule in some states). Attorney fees: similar percentages or hourly. Total on a $500,000 estate: typically $15,000–$35,000.
Can probate be avoided after death?
Mostly no — once probate is needed, it has to be done. But small-estate affidavit and ancillary probate avoidance can sometimes skip formal proceedings. The time to plan is during life, not after death.
How long do I have to file probate?
Varies by state. Most states require filing within 30 days to 4 years of death. California requires the original will to be lodged within 30 days. Don't delay — filing late can cost the executor liability.
Do I need a probate lawyer?
For most estates with real estate, yes. Some states have intentional self-help probate procedures for small estates. The complexity and the 9–18-month timeline make professional help the right call for most estates over $50,000.
What if there's no will?
Intestate succession. State law determines who inherits — typically spouse first, then children, then parents, then siblings. Probate is still required, sometimes called "administration" instead of "probate."
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team