How Long Does Probate Take? Typical Timeline and Delays

Formal probate in the US commonly takes about 9 to 18 months, according to the California courts' self-help guide, and it can take longer. There is no single national figure, because each state runs its own process. Small estates that qualify for a shortcut can finish in a few months, while estates with disputes, real estate to sell or property in another state often run past a year.

How long does probate usually take?

The most useful official number comes from the California courts, which say a formal probate case typically takes 9 to 18 months and sometimes longer. Other states differ, and no government body publishes a reliable national average. Be wary of any website that gives you one exact figure.

What you can count on is that the law builds in waiting periods. These examples show the kind of deadlines that set the minimum:

These are examples, not a rule for your state. The clerk of the probate court in the county where the person lived can tell you the local deadlines.

What are the stages of probate, and which take the longest?

Most cases follow the same path. Our step-by-step probate guide covers each stage in detail. Here is where the time usually goes:

1. Opening the case and getting letters. You file the petition and the will, notify the heirs, and wait for a hearing or approval. The wait depends mainly on your court's calendar. Until the court issues letters testamentary or letters of administration, the representative generally cannot act for the estate.
2. Taking inventory and notifying creditors. You list and value what the person owned, publish or mail notice to creditors, and open an estate bank account. This runs alongside the next stage.
3. The creditor claim window. This is the longest fixed wait in a simple estate, and it is often the reason an estate cannot close in a few weeks.
4. Paying debts and filing tax returns. You pay valid claims and file the person's final income tax return, plus an estate income tax return if the estate has gross income of $600 or more.
5. Final accounting and distribution. You report to the court or the heirs, then hand over what is left.

The IRS says you can get an estate's tax ID number (EIN) online and receive it right away. If you apply by mail, it takes about four weeks, so applying online saves time.

What makes probate take longer?

• A dispute. A challenge to the will, an argument over who should serve as executor, or a fight about who the heirs are can stop everything until a judge decides.
• Real estate. Selling a house adds listing, buyer and closing time, and the estate usually can't distribute the proceeds until the sale is done. See our guide on selling a house after a death.
• Property in more than one state. Land in another state often needs a separate court case there.
• Hard-to-value or hard-to-find assets. Businesses, collections and accounts nobody knew about slow the inventory.
• Estate tax or tax problems. Estates above $15,000,000 for 2026 deaths must file Form 706 within 9 months. The IRS also advises waiting at least 9 months after filing before requesting an estate tax closing letter.
• Missing or unknown heirs. The court may require more notice and time before it will approve a distribution.
• Slow paperwork. Waiting for certified death certificates, account statements or appraisals can add weeks.
• A busy court. Courts differ in how quickly they schedule hearings.

Can you make probate faster?

You can't skip the waiting periods, but you can avoid adding to them.

• Start early. Find the will, get several certified death certificates and contact the probate court soon after the death. Our guide to finding out whether a will exists helps if you can't locate one.
• Check for a simpler route. Some estates qualify for a small estate affidavit or another shortcut. In California, you can use an affidavit once 40 days have passed since the death and the estate is under the limit, which is $208,850 for deaths on or after April 1, 2025. Other states have their own limits, covered in our guide to small estate probate.
• Get the EIN online. It is usually issued immediately.
• Keep clear records. Pay bills from the estate account and keep every receipt, so the final accounting is quick.
• Keep heirs informed. A short update every month or so reduces the chance of a complaint to the court.
• Ask about informal or independent administration. Some states allow a lighter-touch process with less court oversight when no one objects. Ask the clerk or an attorney whether it applies where you live.
• Hire an attorney when the estate is complicated. If there is real estate, a dispute, debts that may exceed the assets or property in another state, a probate lawyer can often save time.

When can beneficiaries expect to be paid?

Usually after the creditor claim window ends, debts and taxes are paid, and the court approves the final accounting, where one is required. Some courts allow partial payments earlier when plenty of money remains for expenses and claims. Ask the court or an attorney before you make one.

Not everything waits. Life insurance, retirement accounts, payable-on-death bank accounts and jointly owned property usually pass directly to the named person or surviving owner without probate. Our guide to bypassing probate explains how those transfers work. Our death admin timeline shows how probate fits with the other tasks in the first months.

How long does probate take in the UK?

UK probate is a separate process with its own rules, and Scotland and Northern Ireland differ again. GOV.UK says you should not make financial plans or put property on the market until you have probate. It also says you will usually get the grant of probate or letters of administration within 12 weeks of submitting your application, though it can take longer if you need to provide additional information. For the steps and costs, see our UK probate guide.

What to do next

1. Call or visit the probate court clerk in the county where the person lived and ask about local deadlines, small estate options and fees.
2. Make a list of everything the person owned and how each item was titled, so you can see what actually needs probate. Our estate inventory checklist can help.
3. Decide whether you need an attorney, and ask for a written estimate of fees before you hire one.
4. Keep track of every date, from the day letters were issued to the day the claim window closes.