Probate Timeline Estimator
Find out how long probate will take in your state. Get realistic timeline estimates based on estate complexity, disputes, and property sales.
Estimate Your Probate Timeline
Average timeline in California: 12-18 months
1.0-1.5 years for California
Probate Process Phases
Filing & Appointment
File petition, schedule hearing, executor appointed
Creditor Claims Period
Publish notice, creditors file claims (required by law)
Inventory & Appraisal
Catalog assets, get appraisals, file inventory with court
Asset Management & Sales
Manage assets, collect debts, pay ongoing expenses
Final Accounting & Distribution
Pay debts, file final accounting, distribute assets, close estate
Note: Phases often overlap. For example, inventory preparation can begin during the creditor claims period. The total timeline is not a sum of all phases.
How to Speed Up the Probate Process
Organize documents early
Gather financial records, deeds, and titles before filing
Hire an experienced attorney
Probate specialists know how to avoid delays and errors
Communicate with heirs
Keep everyone informed to prevent disputes and objections
Respond to court promptly
Submit required documents by deadlines to avoid continuances
Get appraisals quickly
Don't wait - start the appraisal process early
Consider independent administration
Some states allow streamlined probate with less court oversight
Important Disclaimer
This timeline is an estimate only. Actual probate duration varies significantly based on court backlogs, estate complexity, creditor claims, and unforeseen issues. Consult a licensed probate attorney in your state for specific guidance on your situation.
Understanding Probate Timelines
Why Does Probate Take So Long?
Probate is deliberately slow to protect everyone involved:
- Creditor claims period - Most states require 3-6 months for creditors to file claims
- Court schedules - Hearings must be scheduled months in advance in busy jurisdictions
- Appraisal requirements - Property and assets must be professionally valued
- Legal reviews - Court must review and approve executor actions
- Distribution rules - Assets can't be distributed until all debts are paid
Fastest vs Slowest States
Faster Probate States
- Texas: 6-8 months (independent administration)
- Wisconsin: 6-9 months (streamlined process)
- Missouri: 6-10 months (efficient courts)
Slower Probate States
- California: 12-18 months (complex requirements)
- New York: 12-24 months (court backlogs)
- Florida: 10-16 months (formal administration)
Common Delays and How to Avoid Them
Missing Documents
Prevention: Create a complete inventory before filing. Gather bank statements, deeds, stock certificates, and life insurance policies upfront.
Unknown Heirs or Creditors
Prevention: Conduct thorough searches early. Publish creditor notices immediately. Hire a genealogist if necessary to locate all heirs.
Incorrect Filings
Prevention: Hire an experienced probate attorney. One rejected filing can add 2-3 months to wait for the next available court date.
Real Estate Sales
Prevention: Start marketing property early. Get pre-approval from court if possible. Consider probate sale specialists who understand the process.
Common Questions
Can probate be completed faster than the estimate?
Yes, but rarely. You're bound by statutory waiting periods (creditor claims, notice requirements). However, being organized, responsive, and proactive can help you finish at the lower end of the timeline range. Independent administration in states like Texas can be significantly faster than court-supervised probate.
What happens if probate takes longer than expected?
Executors continue managing the estate and can pay themselves reasonable compensation for the extra time. Beneficiaries must wait for their inheritance. Attorneys may charge additional fees if the case becomes more complex than anticipated. Always get fee agreements in writing specifying what happens if the timeline extends.
Do I have to wait for probate to finish before getting any money?
Not always. In some states, executors can request court approval for early partial distributions to beneficiaries once major debts are paid. This is especially common if probate is dragging on due to property sales or disputes. Family members may also receive a family allowance for living expenses during probate. Ask your attorney about your state's options.
Is there a maximum time limit for probate?
Most states don't have strict maximums, but courts can remove executors who unreasonably delay the process. Executors typically have 1 year from appointment to file final accounting, but extensions are routinely granted for complex estates. However, creditor claim deadlines (usually 3-6 months) and tax filing deadlines are firm and cannot be extended without penalties.