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How Long Does Probate Take? A State Comparison
“Probate” means proof, i.e., proof that the decedent’s will is legally valid and enforceable. A probate court determines that a will is valid. It also oversees the distribution of assets to specified individuals and beneficiaries, the payment of death taxes, and the payment of probate costs such as lawyers’ fees, court fees, executor fees, and administrative costs. All of these requirements and sub-processes will take quite some time.
It is common for probate to take upwards of 1-3 years, depending on state law, the complexity of the estate, and the filing of taxes. A smooth probate in California can be concluded in about 8 months. However, due to crowded probate courts, initial hearings can be delayed for 6 weeks after the petition is filed. In Florida, an average probate takes 6 months, and in other states it can take as little as 3-6 months.
In Texas, the will must be submitted for probate within four years following death, or else a more complicated procedure will be required. Illinois requires that formal proof of the will be demanded within 42 days, but provides 6 months to contest the will.
In Massachusetts, an executor is usually appointed within 8 to 12 weeks. In Texas, the executor must notify beneficiaries of the impending probate with 60 days, and file a statement with the court within 90 days that they have been notified. Beneficiaries usually get their payouts in 4-8 months.
In Texas, the inventory of claims and assets must be completed 90 days after the executor is appointed. Creditors’ claims must be accepted or rejected within 30 days. New York has strict statutes of limitations requiring creditors to make their claims or forfeit the money owed. In California, creditors must submit their claims within 4 months, in Illinois they have 6 months, and in Massachusetts they have a full year.
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