How long does probate take? A simple, uncontested estate usually closes in about 6 to 9 months, while contested estates, estates with property in more than one state, or estates that owe taxes often take 1 to 2 years or longer. The biggest drivers are court scheduling, the creditor notice period, and the executor's organization.
This guide from Best Local Law walks through the probate steps that set the clock, the small-estate shortcuts that can finish in weeks, what a probate lawyer actually does, and how lawyers charge. Probate is governed by state law, so timelines and dollar thresholds vary. Use the probate lawyer directory to find an attorney licensed in the state where the estate will be opened.
Key Takeaways
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Most uncontested estates take 6 to 9 months; California’s court self-help center says formal probate there “typically takes 9 to 18 months and can sometimes take even longer.”
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Creditor notice periods set a floor on the timeline. California gives creditors four months after letters are issued under Probate Code 9100, and Florida gives three months after the first published notice under Fla. Stat. 733.702.
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Small-estate shortcuts can skip formal probate: Texas allows a small estate affidavit for estates of $75,000 or less (not counting the homestead and exempt property) under Estates Code 205.001, and Florida allows summary administration for estates of $150,000 or less under Fla. Stat. 735.201.
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California’s small-estate limit is $208,850 for deaths on or after April 1, 2025, and a separate petition covers a primary residence worth up to $750,000.
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Probate lawyers charge hourly, flat, or statutory fees. California sets attorney fees as a percentage of the estate under Probate Code 10810, starting at 4 percent of the first $100,000.
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Assets held in a funded living trust, joint accounts, and accounts with named beneficiaries pass outside probate and don't wait on the court.
What Is Probate and Why Does It Take So Long?
Probate is the court-supervised process of proving a will (if there is one), appointing someone to manage the estate, paying debts and taxes, and distributing what is left to the heirs. The person appointed is called the executor or personal representative. The court oversees each step, and state law includes mandatory waiting periods.
The delay is not usually one big problem. It is a chain of smaller waits: a hearing date for the first petition, a published notice that gives creditors months to respond, appraisals, tax clearances, and a final accounting the court must approve. Each link depends on the one before it.
How Long Does Probate Take Step by Step?
The sequence below is common to most states. The time estimates are typical ranges for an uncontested estate, and your state and county may run faster or slower.
1. File the petition and get the executor appointed (1 to 3 months)
The executor files the will and a petition to open probate, and the court schedules a hearing. In California, the custodian of a will must lodge it with the court within 30 days of death under Probate Code 8200. Once the judge approves the will, the court issues “letters” that give the executor legal authority to act.
2. Notify heirs and creditors (3 to 6 months)
This is the step that sets the floor. The executor publishes a notice and mails it to known creditors, and the law gives creditors a fixed window to file claims. Under California Probate Code 9100, a creditor has until the later of four months after letters are first issued or 60 days after the notice is mailed, and the Judicial Council’s form DE-157 is used to give that notice. Florida’s window under Fla. Stat. 733.702 is three months after the first publication of the notice to creditors, or 30 days after service on a creditor who must be served, whichever is later. Many other states fall in a similar three-to-six-month band.
3. Inventory and appraise the estate (2 to 4 months, overlapping)
The executor lists every asset, gets values as of the date of death, and files an inventory with the court. Real estate, businesses, and collectibles usually need a formal appraisal. California uses a court-appointed probate referee for non-cash assets, which adds a few weeks.
4. Pay debts, expenses, and taxes (1 to 6 months). The executor pays valid claims, resolves
disputed ones, and files the decedent’s final income tax return. If a federal estate tax return is due, the estate often stays open until the IRS sends a closing letter, which can add a year on its own.
5. Final accounting and distribution (1 to 3 months)
The executor files a final accounting and a petition for distribution, the court holds a hearing, and the judge signs the order. Only then are assets retitled and funds released to heirs.
Add those ranges together and a clean estate finishes in roughly 6 to 9 months in a fast county and 9 to 18 months in a busy one. California’s court self-help center gives a 9- to 18-month estimate for formal probate there.
What Causes Probate Delays?
The common causes of a probate case running past a year are predictable:
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A will contest. A challenge to the will’s validity or a dispute over who inherits stops distribution until the court resolves it, which can add a year or more.
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Hard-to-value or hard-to-sell assets. A family business, out-of-state land, or a house that needs repairs before sale.
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Property in more than one state. Real estate outside the home state usually requires a second, “ancillary” probate in that state.
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Missing heirs or beneficiaries. The court will not approve distribution until it has found everyone entitled to notice or legally excused them.
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Creditor disputes and unpaid taxes. A rejected claim can turn into a separate lawsuit.
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An overwhelmed executor. Missed deadlines, incomplete inventories, and unanswered court notes are the easiest delays to fix.
Families already working through a will or trust dispute should expect the longer end of every range above.
Is There a Faster Way? Small-Estate Affidavits and Summary Probate
Yes. Every state has at least one shortcut for estates under a dollar limit, and these can finish in weeks instead of months. The names and numbers differ, so these three states are examples, not a national rule.
Texas: small estate affidavit under Estates Code 205
Texas allows heirs to collect assets with a sworn affidavit, without appointing a personal representative, when the estate’s assets (excluding the homestead and exempt property) do not exceed $75,000, at least 30 days have passed since death, and the assets exceed the known debts. The affidavit is filed with the clerk and approved by the judge under Texas Estates Code 205.001. Texas also allows independent administration for larger estates, which removes much of the court supervision that slows formal probate.
Florida: summary administration under Fla. Stat. 735.201
Florida’s summary administration is available when the estate subject to administration, less property exempt from creditors’ claims, does not exceed $150,000, or when the decedent has been dead for more than two years. The $150,000 figure is new: Fla. Stat. 735.201 was amended by chapter 2026-57, and the 2025 version of the statute set the limit at $75,000. Summary administration still goes through the court, but there is no personal representative, and the court can issue the order of distribution within weeks.
California: small-estate declaration and primary residence petition
For deaths on or after April 1, 2025, California lets successors collect personal property with a declaration under Probate Code 13100 and 13101 when the estate’s gross value is $208,850 or less, after a 40-day waiting period. A separate petition under Probate Code 13151 transfers a primary residence worth up to $750,000 without full probate. The Riverside Superior Court’s self-help page on estates lists the current amounts by date of death. California adjusts these figures for inflation every three years, so check the Judicial Council’s form DE-300 for the amount that applies to your date of death.
Do I Need a Probate Lawyer?
Not always. If the estate qualifies for a small-estate procedure, has no debts, and the heirs agree, many families can complete it using court self-help resources. A probate lawyer earns their fee when one or more of these is true:
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Someone may contest the will or the executor’s decisions.
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The estate has real estate in more than one state, a business, or significant debt.
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A federal estate tax return is required, or state inheritance tax applies.
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The executor lives out of state or does not have time to manage court deadlines.
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The will is missing, unsigned, handwritten, or ambiguous.
Even in an uncontested case, a short paid consultation at the start can keep an executor from missing deadlines that stretch a nine-month case into eighteen.
What Does a Probate Lawyer Do?
A probate lawyer represents the executor or an heir and handles the court side of the estate. In a typical case, that means:
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Preparing and filing the petition, notices,s and proof of service.
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Appearing at hearings and answering the court’s procedural notes.
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Supervising the creditor notice, evaluating claims and rejecting invalid ones.
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Coordinating appraisals, the inventory, and any required tax filings.
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Preparing the final accounting and the petition for distribution.
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Representing the client if a will contest, removal petition,n or creditor lawsuit is filed.
Lawyers who focus on elder law often handle probate alongside guardianship and Medicaid recovery issues, which can matter when the decedent received long-term care benefits.
How Much Does a Probate Lawyer Cost?
Probate lawyers charge in one of three ways, and state law often sets or limits the method.
Hourly fees
Most states let lawyers bill by the hour for probate work. The total depends on the estate’s complexity and the number of hearings. As a broad illustration only, a routine uncontested estate often runs into the low thousands of dollars in fees, while a contested matter can reach tens of thousands. Your attorney’s fee agreement controls.
Flat fees
Many firms quote a flat fee for an uncontested probate with a known set of assets. Flat fees are common for small-estate affidavits and summary administrations because the work is predictable.
Statutory fees in California and Florida
California sets attorney compensation for ordinary probate services as a percentage of the estate under Probate Code 10810: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9 million, one-half of 1 percent of the next $15 million, and a court-determined amount above $25 million. The executor is entitled to the same schedule. Siskiyou County’s probate fee page lists the schedule, and the court’s self-help center confirms the fees are set by law and usually paid at the end of the case. On a $600,000 estate, that works out to $15,000 for the attorney before any extraordinary fees.
Florida uses a “presumed reasonable” schedule in Fla. Stat. 733.6171: $1,500 for estates of $40,000 or less, additional fixed amounts up to $100,000, then 3 percent of the next $900,000, with lower percentages above $1 million. Clients can agree to a different arrangement if they follow the statute’s disclosure rules. In both states, courts must approve extra fees for litigation, tax work, or real estate sales.
How Does a Trust Avoid Probate?
Assets properly titled in a living trust are owned by the trust, not the person, so the probate court has nothing to transfer when that person dies. The successor trustee follows the trust document and distributes assets privately, often within a few months, without a creditor publication period or court hearings. Joint accounts with right of survivorship, retirement accounts and life insurance with named beneficiaries, and transfer-on-death designations work the same way.
The catch is funding. A trust avoids probate only for assets actually moved into it, which is why our guide on whether your family needs a will, a trust, or both recommends a pour-over will as a safety net. If you are reading this because a parent just died, it is too late to create a trust for their estate, but not too late to set one up for your own.
What We Tell Readers Before They Call a Lawyer
Best Local Law is a national legal directory, not a law firm, and nothing here is legal advice for your estate. After reading many probate questions from families in every state, here is what we suggest before you contact an attorney from our listings:
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Find the original will and, if your state requires it, lodge it with the court. Do not wait for a lawyer to do this for you.
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Make a one-page list of assets and how each is titled (sole name, joint, beneficiary designation, trust). Titling decides what goes through probate.
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Gather the death certificate, recent statements,s and any outstanding bills.
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Write down the names and addresses of every heir named in the will and every close relative, even those left out.
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Ask each lawyer how they charge, what is included, and whether the estate qualifies for a small-estate procedure.
Most attorneys listed on Best Local Law offer an initial consultation, and a 30-minute call can often tell you whether you are looking at a six-month case or a two-year one.
Frequently Asked Questions
How long does probate take if there is a will?
A valid, uncontested will usually shortens probate because the court does not have to decide who inherits, but the creditor notice period and court scheduling still apply. Most simple estates with a will close in 6 to 9 months, and California’s self-help center estimates 9 to 18 months for formal probate there. A will does not avoid probate; only a funded trust or beneficiary designations do that.
How long after probate can funds be distributed?
Funds are normally distributed after the court approves the final accounting and signs the distribution order, which happens at the end of the case. Some states allow partial or preliminary distributions earlier if enough assets remain to cover debts and expenses. Expect final distribution a few weeks after the closing order.
Why is probate taking so long?
The most common reasons are a will contest, property in more than one state, a federal estate tax return, missing heirs, disputed creditor claims, or an executor who has fallen behind on filings. Mandatory waiting periods, such as California’s four-month creditor window under Probate Code 9100, also set a floor that no estate can beat. Ask the executor or their attorney for the case status and the next court date.
Do all estates have to go through probate?
No. Assets held in a living trust, joint accounts with survivorship rights, and accounts with named beneficiaries pass outside probate. Estates under a state’s small-estate limit, such as $75,000 in Texas under Estates Code 205.001 or $150,000 in Florida under Fla. Stat. 735.201, can use a faster affidavit or summary procedure. Rules vary by state.
How much does a probate lawyer cost?
Probate lawyers charge hourly, flat, or statutory fees depending on the state and the case. California’s Probate Code 10810 sets attorney fees as a percentage of the estate, starting at 4 percent of the first $100,000, and Florida’s Fla. Stat. 733.6171 sets a presumed reasonable schedule starting at $1,500 for estates of $40,000 or less. In most other states, the fee is negotiated, and contested estates cost more than uncontested ones.
What does a probate lawyer do?
A probate lawyer files the petition, gnotifiesheirs and creditors, handles court hearings, reviews creditor claims, coordinates appraisals and tax filings, and prepares the final accounting and distribution. If someone contests the will or challenges the executor, the lawyer represents their client in that litigation. For simple estates, some families use a lawyer only for a short consultation.
Find a Probate Lawyer Through Best Local Law
How long probate takes depends on your state, your county’s court calendar, the size of the estate, and whether anyone objects. A simple estate can be done in under a year, and a contested one can stretch past two. The steps that save the most time are appointing the executor quickly, giving creditors notice right away, and keeping the inventory accurate.
Best Local Law lists probate, estate planning, and elder law attorneys in every state. Start with the probate attorney listings to compare lawyers near the court where the estate will be opened, and contact Best Local Law if you need help choosing the right practice area. If you are planning ahead for your own family, an estate planning attorney can set up a trust that keeps your heirs out of probate court entirely.