How long does probate take?

By American Attorneys editorial team · Updated Oct 10, 2026 · Editorial standards

Simple probate often takes about 6 to 12 months; complicated or contested estates can take 2 years or more. Much of the timeline is set by state law, such as the creditor claim period.

The probate steps

File the will and petition with the probate court; the court appoints the executor.
Notify heirs and creditors; a creditor claim window (often a few months) must run.
Inventory and value assets.
Pay debts, final bills and taxes.
Distribute property and close the estate.

What slows probate down

Disputes or will contests
Real estate that must be sold, or property in several states
Missing heirs, business interests or unclear records
Busy courts

Ways to speed it up or skip it

Small estate affidavits or simplified probate for estates under your state’s limit.
Assets with beneficiary designations or joint ownership pass outside probate.
A living trust avoids probate for trust assets: see living trust vs will.

Need help? A probate lawyer can handle filings and deadlines. See typical fees with our lawyer cost estimator.

Frequently asked questions

Can an estate be settled without probate?

Yes, if assets pass by beneficiary designation, joint ownership or a trust, or if the estate qualifies for a small-estate procedure.

What does a probate lawyer do?

Guides the executor through court filings, notices, creditor claims, taxes and distributions, and handles disputes.

Questions from readers

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