Probate Process Timeline
How Long Does Probate Take?
The probate process typically takes at least nine months and up to several years. Every heir is required to go through the probate process to settle their estate. Most heirs assume it’s easy to obtain their inheritance — after all, it’s their money. The reality is that the probate process is extensive and can take years to complete. There are also many factors that can delay the process even further.
While the probate timeline can be confusing, you can improve your understanding by learning about what impacts and occurs during probate. Better yet, there are even ways to avoid the probate process completely.
Why Does It Take So Long to Probate a Will?
Check out our probate timeline chart below. The time estimates will not apply in every situation since the specifics of the probate process differ with every estate. Our probate timeline can act as a reference tool for approximating how long your probate process may take and how long it may be until you can access your inheritance. If you are currently involved in probate, you may be able to identify which stage of the probate process you are in by reviewing the timeline below.
Probate Process Timeline (24-Month Period)
Whether you are currently involved in probate or you anticipate being involved, this probate process timeline can give you an idea of just how much money you may need in order to withstand the entire duration. Request a free quote to get started!
Months 1-4: Preparation and Filing
During the early stages of the probate process, you need to prepare and send various documents, including a notice of probate and a notice of death. This stage ensures that all individuals and organizations impacted by the passing know about it and have proper documentation.
Months 3-6: Notice
Creditors must be informed about the will so that they can collect outstanding debts. Notice to creditors typically occurs within the first several months.
Months 6-12: Payments and Inventory
Once creditors receive notice of debts, the executor must pay those debts using the estate funds. They must also pay the decedent’s income taxes and any administrative costs associated with the probate process
During this time, an inventory of assets is made. This record includes bank accounts, property, investments, life insurance and luxury items.
Months 9-18: Asset Distribution
After paying debts and bills and accounting for remaining assets, the executor can begin to distribute assets. Some state laws require the probate hearing to occur before assets get distributed.
Months 9-24: Estate Closing
The probate process ends when creditors are paid, taxes filed and assets distributed. The probate court will discharge the personal representative and close the estate. The timeline for the end of the closing process depends on how long the activities in earlier stages take.
Understanding the Probate Process Timeline
If you find yourself asking about the length of the probate process from start to finish, sit down and buckle up because, unfortunately, the process is an unpredictable and lengthy legal procedure. The length of the probate process timeline depends on several factors that heirs should be aware of.
Estate Size
The size of the estate in question plays a huge role when it comes to probate. The more assets involved in the estate, the longer the process will take. With many assets comes lots of paperwork, discussions and legal decisions that need to be made.
Some state laws look more closely at the estate’s overall value rather than its individual assets. Determining an estate’s worth requires an evaluation of all assets that qualify for probate, including cash, personal property and real estate. The more complicated the assets, the longer the process takes.
Will
Settling an estate through probate becomes particularly messy if the deceased doesn’t have a will, requiring the court to become more heavily involved in every step of the process.
Even if the deceased did leave a will behind, it may be unclear, nonspecific or improperly signed or witnessed. These complications call for a will contest to determine who inherits what, further complicating the process.
Outstanding Debt or Taxes
If the deceased has any existing taxes or debts, all beneficiaries must make claims for the money owed to them. Filing these claims can take months or years to complete, and the estate cannot close until they are resolved.
On the other hand, if the estate is taxable or owes taxes, it cannot close until the state taxing authority submits a closing letter, further lengthening the process.
Number of Heirs
The more beneficiaries an estate has, the longer probate will take. An estate’s heirs must work together to determine certain aspects of what happens to the estate, like selling any property. When an estate has multiple beneficiaries, the possibility of disagreements occurring is high.
What Is the Shortest Time for Probate?
The shortest probate processes typically take at least six months. The process varies for each person and will. Some are more straightforward, while others require additional time.
How Long Do Most Estates Take to Settle?
Every estate is different, so timelines often vary. The typical timeline is six to 12 months, but many factors can influence the estate settling time, including:
- The state that the estate is in
- The time probate takes
- Challenges faced during the settling process
- The executor’s ability and experience
How Long Does Probate Take in Each State?
Different legal processes and regulations mean each state has different probate timelines. The timeline depends on the state where the decedent lived rather than the residence of those who inherit the money. Explore the processes for a particular state for a better idea of the probate timeline:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Considerations to Make When Going Through the Probate Process
It’s important to note that procedural requirements regarding probate vary by state. Additionally, the majority of courts have local court rules. It is a good idea to research probate law and various probate attorneys ahead of time. Researching probate will facilitate an understanding of various state requirements, local court rules, and key probate terms.
In turn, this will help you understand what is involved in the probate process. Researching probate law and contacting a probate attorney regarding the process details also helps you determine a timeline tailored to the specific circumstances of your probate matter.
If you find yourself low on cash, IFC can help you get an inheritance advance in as little as 24 hours. If you’d like to receive a free consultation, please complete the brief form below.
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Ease the Strain of the Probate Process With IFC
Considering all of the above, the probate timeline often lasts an entire year for even simple estates. Inheritance timeline estimates need to take into consideration contested wills, other potential lawsuits and other time-consuming complications. Oftentimes, probate can take several months to several years. In rare and extremely complicated cases, probate can even take decades to distribute inheritance assets. However, there is one way you can skip the probate process completely, getting your inheritance in an instant.
At Inheritance Funding, we believe you should be able to use your inheritance how and when you want — and now, you can. IFC is your destination for fast and painless probate advances without the hassle of the probate courts.
Our process begins with a free consultation where you tell us how much money you’d like to receive upfront. After that, we help you complete some standard paperwork before sending you a portion of your share that same day. Once your estate is settled, we receive payment directly from your share.
Get Your Probate Advance Fast at IFC
Skip the lengthy probate process and get your inheritance fast at Inheritance Funding. For over 25 years, we’ve helped heirs all over the country obtain the money they deserve at the most competitive prices.
To get started, give us a call directly or fill out the form to receive your free consultation.
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give us a call directly or fill out the form to receive your free consultation.