How Long Does Probate Court Take?

During the resolution of an estate, there can be concerns about how long the process will take. In extreme cases, probate can take longer than a year to settle. In contrast, many others take a few weeks or months to close.

How long it takes for your estate to go through probate depends on several factors. Here are a few of the most common ones:

Are There Several Beneficiaries?

The more beneficiaries there are, the longer probate can take, whether they include children, grandchildren, or other friends and relatives. The process can slow down even further if some beneficiaries live far away from the probate attorney or the executor.

Does Any Conflict Exist Between Beneficiaries?

If any beneficiaries disagree about the terms of resolution, they might bring their own personal attorneys into the mix, complicating the process. Other individuals not listed as beneficiaries might believe they should be, and they could complicate things as well.

Additional attorneys that get involved can scrutinize and challenge any step of the probate process and thereby slow it down. The more lawyers there are, the more encumbered and labor-intensive the process will likely be.

Will Someone Contest the Will?

A person who contests a Will intends to have the Last Will and Testament deemed invalid. Regardless of the claim, such a contest could slow down probate considerably.

People contest Wills for various reasons, such as asserting that the Will lacks the proper legal provisions or is fraudulent. Someone could also argue that the person(s) writing the Will did so under duress or a beneficiary’s influence. Another reason for contesting is to claim that the decedent was too mentally impaired or incapacitated to create a valid Will.

Are the Assets Complex?

Estates that include a house and a few investment accounts are relatively simple and usually do not take long to resolve. If the estate’s value does not exceed a specific dollar amount set by state law, a lawyer could file a “small estate affidavit” to expedite the process.

More complex assets take longer to resolve. For example, if an estate includes a business, the probate process could be more complicated and time-consuming. Creating a living trust in advance to separate business-related and personal assets can reduce the complexity.

Does the Estate Owe Taxes?

Before an estate is resolved, all federal and state taxes must be paid, after which the Internal Revenue Service (IRS) and the state treasury department can send closing letters. Sorting out taxes for large and complex estates can take more time. For estates worth more than $11.5 million, the IRS can take more than six months to send a closing letter.

There IS a Will, Right?

If the decedent left a Will and delegated an executor, the probate process can proceed more smoothly. However, if the decedent did not, the court needs to monitor proceedings more closely. Moreover, the lack of an appointed executor means that a court-appointed personal representative has the task of identifying heirs and determining their inheritance amounts. Probate usually takes longer when the court needs to get involved.

Does the Estate Need to Pay Off Debts?

As a general rule in probate, creditors get paid before beneficiaries. In some states, the estate must publish a public notice of probate, and then it is up to debt collectors to see (or not see) it. Creditors in Ohio have six months to act on notices and pursue money owed them. Some states make allowances for smaller estates, resulting in more streamlined proceedings.