How Long Does Probate Take on Average?

When a loved one passes, you may have to sort out their estate with the help of a probate lawyer in Palo Alto. Surviving family members and next of kin often must settle their loved one’s estate in probate court, which can be a time-consuming and complex process. Exactly how long does probate take?

The timeline varies for everyone. However, you should plan on it taking at least a few months, depending on the estate’s value and complexity, and guidance from a Santa Clara County probate attorney can help you anticipate potential delays. Learn more about the probate process below so you have a better idea of what to expect.

Understanding Probate and Estate Administration

Individuals often have to go through this process when someone dies and leaves assets behind that are subject to probate. If the decedent has a will, the person they name as their executor will represent the estate in court. Executor duties include gathering assets, paying creditors, and distributing assets to beneficiaries once the estate settles.

If someone dies without a will, their estate is still subject to probate. An administrator will take on all of the executor duties following court approval. Until the estate settles, they will likely need to work with a lawyer to understand the process and their responsibilities, as well as logistics like paying probate fees.

Breaking Down the Typical Probate Timeline

How long does probate take? In California, it usually takes nine to 18 months to settle an estate. Other states can have separate jurisdiction that may expedite the process, though every case is different.

Take a closer look at the typical timeline for settling an estate below.

Preparing for Probate and Petitioning the Court

Kicking off the process requires some effort and may take between one and four months, on average. Before you begin probate as an executor or appointed administrator, you must notify the appropriate parties. It’s your job to gather the necessary documents and petition the court.

If the deceased person had a will, each beneficiary listed must sign a consent waiver. In addition to these documents, you’ll have to submit a death certificate. If the decedent was receiving any type of medical benefits, you may also need to send an official death notice to the state’s health department.

Notifying Creditors

If you ask an estate lawyer, “How long does probate take?” they’ll tell you that it may take several months based on the creditors alone. A key part of this process is letting creditors know of the decedent’s death so they can collect any owed debts.

Many states allow credit card companies, business firms, and other creditors a few months to seek payment before an estate can close. How can you tell which creditors to notify? Reviewing the decedent’s outstanding bills or running a credit check in their name could give you insights into any debts they may owe.

Documenting Assets

Did your loved one have a lot of assets to their name? It may take you anywhere from a few weeks to several months to take inventory of their estate. You must document all of the assets they own, including, but not limited to:

• Real estate
• Vehicles
• Banking and retirement accounts
• Stocks, bonds, and other investments
• Intellectual property
• High-value items like jewelry or artwork

An attorney can advise you on which of these assets must go through probate.

Paying Debts, Taxes, and Fees

Executors and estate administrators may take six months to a year to pay all of the necessary expenses associated with the estate. This includes:

• Paying back debt to any creditors
• Sorting out the decedent’s final income tax returns
• Paying the probate court fees

Distributing Assets and Settling the Estate

Asset distribution is the final step in the process. In some cases, the will may name an executor as the sole beneficiary, meaning they would receive all of the assets. Other estates name multiple beneficiaries or split assets between several heirs per state intestacy laws.

Once all fees are paid and assets are distributed, a judge can sign off on the estate to formally close it. This may come less than a year after you begin the process, or it could take several more months. In some cases, the estate must reopen even after closing, find out when it’s possible to reopen probate after closing an estate.

What Affects How Long the Probate Process Takes?

There is no one-size-fits-all answer to the question, “How long does probate take?” Some estates settle in as little as six months, while others may take several years. The timeline ultimately depends on the following factors:

• A written will: Probate may take longer if the decedent did not have a will or any type of estate plan. Without their final wishes put in a legal document, disputes can arise and delay the settlement.
• Total beneficiaries or heirs: The process can become more complicated if there are multiple people claiming an estate’s assets. These individuals could argue about their inherited assets and prolong the process for the executor.
• Estate size and value: If someone had limited assets to their name, their estate could go through probate faster than usual. Meanwhile, large estates with ample assets require more time for inventory and distribution.
• Outstanding debts and taxes: When the deceased carries large amounts of debt, the person managing their estate must deal with time-consuming claims from creditors. Taxable estates are more complex and usually take longer to close.

Many people prefer a shorter, uncomplicated probate timeline. If you’re concerned about a lengthy estate settlement, a lawyer may be able to assist you. Even after the formal probate process ends, there may still be a few final matters to handle before the estate is completely settled. Learn more about what happens after probate closes and what to expect during the final stages.

Navigate Probate and Estate Planning With a Legal Professional

Without fully understanding probate and what it involves, you may have questions like “How long does probate take?” and “How does the process begin?” You may even wonder about your own future and how you can plan ahead for your loved ones.

Contact the team at Radiant Probate & Estate Law, Inc. for personalized guidance and support during this difficult time. Our attorneys exclusively practice estate law and can help with probate, trust administration, estate planning, and more. Call our firm today at (650) 549-9620 to request a free consultation.