Probate can feel like a long and complicated process, especially when you’re already dealing with the loss of a loved one. Many people are left wondering how long it will take to settle an estate and what factors might speed up or slow down – the process.
While the size of every case is different, the length of probate depends on several key factors, including the size of the estate and whether any disputes arise. Understanding the general timeline can help prepare you for what’s ahead and avoid unnecessary delays.
Probate timeline
Estate administration begins when the administrator files the will for probate, or when someone asks the court to appoint them as administrator for an estate without a will. The petition is filed in the probate court when the decedent lived or owned property. Assuming no interested parties object, the timeline is as follows:
In the first one to five months after death, the administrator notifies important institutions, such as life insurance companies, social security and others, of the decedent’s passing. The administrator will also file a petition with the probate court, submitting the will (if there is one) and listing all heirs and beneficiaries. The court may schedule a hearing on the petition before approving. Once approved, the probate court issues letters of administration, letter testamentary as well as the final orders appointing the personal representative. Additionally, they might file an estate bond if ordered.
In the sixth to eighteenth month period after death. The administrator will complete important tasks such as:
- notifying creditors
- preparing an inventory
- opening an estate bank account
- collecting estate assets
- Paying bills
- pursuing claims
- distributing assets
- etc.
Once the estate’s finances are in order, and any tax obligations are resolved, assets of the estate can be distributed.
With a timeline that can go up to two years or longer, navigating probate can be complex. Reaching out for professional legal guidance can help ensure everything is handled efficiently and in accordance with the law. Taking the right steps early can help to save time and reduce complications down the road.
