How long does probate take?

Everyone wants to know “how long does probate take?” The answer is simple. It depends.

In most situations, if the estate has been opened less than six months after the decedent’s death, the probate court will not close the estate until six months has passed since the date of death. This is because creditors have six months from the date of death to attempt to collect a debt from an estate.

If the decedent had a will, the probate court will not close the estate until three months after the estate began. This is because a person generally has three months to contest the will in probate court.

Sometimes nobody actually begins probate until after this six month period has passed. If this is the case, “how long does probate take?” It still depends. Maybe the decedent owned stock that has to be sold or transferred. Sometimes selling the decedent’s stock takes a while because a lot of paperwork has to be processed. Sometimes the stock transfer agent wants more information and this has to be reviewed by a corporate legal department. That all takes time.

Sometimes there’s a house to sell. If this is the case, there might be some repairs that are required to before the house can be sold. Some exterior repairs can’t be completed during certain months of the year. And then contractors have a waiting list of customers who want their projects started when the weather breaks. These are all factors that contribute to the length of an estate administration. That’s why we say that it depends.

The other factor that you have to consider is that being an executor is an additional job. An executor who is retired can generally move a lot quicker than an executor who has a manufacturing job and can only work on their breaks.

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