Throughout the United States, the size of probate activity in 2025 remains quite extensive. The estimate for national probate filings stands at 2.6 million cases annually in state courts. These cases also involve significant financial value, with probate courts collectively overseeing over $60 billion in estate assets each year.
According to a 2024 national study by Trust & Will, the average probate case in the United States takes about 20 months to complete. Most people assume it will take much less time, perhaps just a small fraction of that 20-month period, but only two percent of the survey respondents accurately identified the typical duration.
Regardless of whether or not a will exists, the real estate must go through the formal probate process before a title can legally pass to the heirs, according to probate lawyer Perry W. Phillips. The process is supposed to bring legal order to the estate handover but it can be time-consuming and heavy on paperwork. The time it takes to complete will depend on how fast the state court system can move.
Let’s look at some of the factors that can affect the timeline of the probate process.
What Probate Is and When It Applies
Probate is a supervised legal process through which the estate of a deceased individual is resolved by settling the debts, paying taxes, and dispersing the rest of the property to its rightful owners.
Probate usually involves property that is owned solely by the deceased individual and does not have any listed beneficiaries. Most property, including life insurance policies, retirement plans, joint ownerships, and payable-on-death accounts, is exempt from probate.
The process and type of probate can vary between states. For instance, under the Massachusetts probate process, informal probate is recognized. Informal probate is handled by a magistrate, not a judge. This type of probate proceeding involves no hearings. It is a simple, straightforward, expedited process.
An individual who passes away without leaving a will is considered intestate. Courts follow the laws of intestacy in such cases instead of honoring the wishes of the individual.
The Executor’s Role and What It Requires
The executor, also known as a personal representative/administrator in some states, is the one authorized by law to manage the estate process of probate. The court recognizes the executor through a will formally naming him or her. If there is no will, the court appoints an administrator, who might be someone close to the deceased.
In practice, the executor’s tasks are pretty specific and also time-bound:
- File the will and a petition for probate with the local probate court.
- Notify all beneficiaries, heirs, and creditors about what’s happening. Depending on the state, there may be a need for published formal notice in a newspaper or something pretty similar.
- Take an inventory and appraise all the estate assets.
- Pay valid creditor claims, outstanding taxes, and the administrative costs out of estate funds.
- Submit the deceased’s final income tax return and, if the estate is big enough to cross the threshold, also submit an estate tax return.
- Hand over the remaining assets to the beneficiaries and later file a final accounting report with the court.
Executors can end up personally responsible if they mess up estate administration. Some issues that could arise include distributing assets before the debts are properly settled or failing to notify creditors within the period that the rules require.
What Drives the Timeline
Three categories of factors determine how long probate takes:
Estate Complexity
A small-sized estate with just one bank account, for example, may pass through probate in a matter of weeks. Meanwhile, larger estates or those with more complicated assets may spend more time in probate. These cases may even involve additional probate in other states.
Creditor Claim Periods
It is common for creditors to require between three and six months to file a claim after providing notification. Outstanding debts must be cleared first so it becomes impossible to distribute the assets before this period lapses
Disputes and Contested Wills
The probate process can be delayed should there be any doubt regarding the legality of the will. Disputes can arise if the testator was not mentally capable or was influenced by another person when writing the will. A will that was not drafted properly can also be the cause of several issues.
Assets That Avoid Probate
Figuring out which assets go past probate is just as important as understanding the process itself. Good estate planning can significantly reduce the portion of an estate that goes through probate and, in some cases, eliminate it altogether.
A few assets that usually bypass probate include the following, though every state and situation is still a little different:
- Accounts with a designated beneficiary, for example bank accounts, retirement accounts, and life insurance policies that move straight to the person named
- Jointly owned property with right of survivorship, which typically goes to the surviving co-owner automatically
- Assets placed inside a revocable living trust that are handled under the trust terms, without court involvement
- Transfer on death and payable on death designations, available for many financial accounts and, in states that allow it, real estate too
When someone has a solid setup for ownership and beneficiary choices, probate may turn into a quick administrative step instead of a lengthy 20-month case.
Updating these designations after major life events, marriage, divorce, or the death of a named beneficiary is necessary.
Preparation Is the Variable That Changes Everything
The level of preparation plays the biggest role in determining how long the process of probate is and what its costs are. If you keep proper records, update beneficiaries and make accurate wills, then it is highly possible that the entire process won’t cause you much problems.
Understanding the probate process in advance is one of the best ways to plan for the future of your heirs and beneficiaries.
