Probate Explained: How Long It Takes and What to Expect

When someone dies and their estate goes through probate, one of the first questions families ask is: how long is this going to take? The honest answer is longer than you think. The average probate case takes 9 to 18 months, but complex estates can stretch to two or three years — or more.

Understanding what happens at each stage helps you set realistic expectations, plan your time, and know when something has gone off track. Here's what the probate timeline actually looks like.

The Probate Timeline Overview

Probate moves through four main phases: filing and appointment, notification and inventory, administration, and distribution and closing. Each phase has its own timeline, requirements, and potential delays. In total, expect the process to take 9–18 months for a straightforward estate and potentially much longer for complicated ones. (Not sure if you even need probate? See our guide to wills, trusts, and probate.)

Phase 1: Filing and Appointment (1–2 Months)

The probate process begins when someone files the original will and a petition with the probate court in the county where the deceased person lived. This phase establishes the legal framework for everything that follows.

Filing the Will and Petition

The executor named in the will (or a family member if there's no will) files the original will with the court along with a petition to open probate. The petition identifies the deceased, their heirs, and the person requesting appointment as executor or personal representative.

Notice to Interested Parties

The court requires that all interested parties — heirs, beneficiaries, and sometimes creditors — be formally notified that probate has been opened. This typically involves mailing notices and sometimes publishing in a local newspaper.

The Court Hearing

A judge reviews the petition and, assuming no one objects, formally appoints the executor. The timeline for this hearing varies widely by jurisdiction — some courts schedule hearings within two weeks, others take six to eight weeks.

Letters Testamentary

Once appointed, the executor receives Letters Testamentary (or Letters of Administration if there's no will). These are the most important documents in the entire process. They give the executor legal authority to act on behalf of the estate — access bank accounts, manage property, deal with creditors. Without Letters Testamentary, you cannot do almost anything.

Phase 2: Notification and Inventory (2–4 Months)

With Letters Testamentary in hand, the executor begins the real work of administering the estate.

Creditor Notification

The executor must formally notify all known creditors that the deceased has died and that they have a limited time to file claims against the estate. Most states require both direct notice to known creditors and publication in a newspaper. The claims period is typically 3–6 months, depending on the state.

Asset Inventory

The executor must locate, identify, and value all estate assets. This includes real estate, bank accounts, investment accounts, vehicles, personal property, business interests, and anything else the deceased owned. (For more on what this looks like in practice, see how long estate settlement really takes.)

Appraisals

Some assets — especially real estate, business interests, and valuable personal property — need professional appraisals. The court typically requires a formal inventory and appraisal to be filed within 60–90 days of the executor's appointment.

Phase 3: Administration (3–9 Months)

This is the longest and most variable phase. The executor manages the estate, pays obligations, and prepares for distribution.

Reviewing and Paying Creditor Claims

As creditors file claims, the executor must review each one and decide whether to accept or reject it. Valid claims are paid from estate assets. Rejected claims can lead to litigation, which adds time and cost.

Ongoing Bills and Expenses

The executor must continue paying the estate's ongoing obligations: mortgage payments, property taxes, insurance, utility bills, storage fees, and maintenance costs. These expenses can add up quickly, especially when the estate includes real property.

Tax Filings

The executor is responsible for filing the deceased person's final income tax return and, if applicable, an estate tax return. Estate tax returns are due 9 months after the date of death. Depending on the complexity of the estate's finances, tax preparation can take months.

Selling Assets

If the estate needs to sell real estate or other assets to pay debts or distribute proceeds, this happens during the administration phase. Real estate sales alone can take 3–6 months from listing to closing, sometimes requiring court approval.

Phase 4: Distribution and Closing (1–3 Months)

Once debts are paid, taxes are filed, and the creditor claims period has expired, the executor can finally distribute assets to beneficiaries.

Distribution Plan

The executor prepares a proposed distribution plan showing what each beneficiary will receive. In many jurisdictions, this must be filed with the court and approved before any distributions can be made.

Court Approval

The court reviews the final accounting — a detailed report of all money that came in and went out of the estate. If the accounting is approved and no one objects, the court authorizes the executor to distribute remaining assets.

Asset Transfers

The executor distributes assets according to the will (or state law if there's no will). This may involve writing checks, transferring real estate deeds, retitling vehicles, and transferring investment accounts. Each institution has its own process and timeline.

Final Accounting and Closing

After all distributions are made, the executor files a final accounting with the court and petitions to close the estate. Once the court approves, the executor is formally discharged from their duties. The estate is closed.

Factors That Affect the Timeline

Estate complexity: More assets, more accounts, and more beneficiaries mean more work and more time. A simple estate with one bank account and one beneficiary is very different from an estate with real estate, business interests, and a dozen beneficiaries.

Real estate: Selling real estate adds 3–6 months minimum. Properties in poor condition, difficult markets, or requiring court approval take even longer.

Tax issues: Complex tax situations, audits, or estates that owe estate taxes can add months to the timeline. Estate tax returns alone are due 9 months after death.

Will contests and family disputes: If someone challenges the will or disputes the executor's decisions, the entire process can grind to a halt. Contested probate cases can add one to two years or more.

Court backlogs: Some jurisdictions have significant court backlogs, especially after the pandemic. Hearings that should be scheduled in weeks can take months.

Executor performance: An executor who is organized, responsive, and proactive can move the process significantly faster than one who procrastinates, avoids difficult tasks, or doesn't follow up consistently.

My Experience

My dad died in December 2023. As of now, we're looking at June 2026 to fully close the estate — 30 months total. Two and a half years. The average is 12–18 months, but ours became a nightmare that dragged on because of conflict, withheld information, and a brother who decided the 50/50 promise didn't apply anymore. Every delay was compounded by the next one. The lesson: conflict doesn't just hurt emotionally — it costs real time and real money.

Afterward is not a law firm and does not provide legal advice. For questions specific to your situation, please consult with an estate planning or probate attorney in your state.