If you've recently lost a loved one and been told the estate needs to "go through probate," you're probably wondering what that actually means — and how long it's going to take. Probate is the court-supervised process of settling a deceased person's affairs. Here's what happens at each stage.
Step 1: Filing the Petition
Probate begins when someone — usually the person named as personal representative (executor) in the will — files a petition with the probate court in the county where the deceased lived. If there is no will, a family member or interested party can petition to be appointed as the personal representative.
The court reviews the petition, validates the will (if one exists), and officially appoints the personal representative, giving them legal authority to act on behalf of the estate.
Step 2: Notifying Creditors and Heirs
Once appointed, the personal representative must notify all known creditors and publish a notice to unknown creditors in a local newspaper. Creditors typically have a set period — often three to four months — to file claims against the estate for outstanding debts.
Heirs and beneficiaries named in the will (or under state intestacy laws if there is no will) must also be formally notified of the probate proceedings.
Step 3: Inventorying and Appraising Assets
The personal representative is responsible for identifying, securing, and valuing all assets owned by the deceased at the time of death. This includes real estate, bank accounts, investment accounts, vehicles, personal property, and business interests.
An inventory is filed with the court, and in some cases, professional appraisals are required — particularly for real estate and valuable personal property.
Step 4: Paying Debts and Taxes
Before any assets can be distributed to beneficiaries, the estate's debts must be paid. This includes funeral expenses, medical bills, credit card debt, mortgages, and any outstanding taxes. The personal representative may need to sell estate assets to generate cash for these payments.
Federal estate tax returns may be required for larger estates, and final income tax returns must be filed for the year of death.
Step 5: Distributing Assets
After all debts, taxes, and administrative expenses are paid, the remaining assets are distributed to beneficiaries according to the will — or according to state intestacy laws if there is no will. The personal representative prepares a final accounting showing all money received and paid out, which is submitted to the court for approval.
Step 6: Closing the Estate
Once the court approves the final accounting and all distributions are complete, the personal representative files a petition to close the estate. The court issues an order discharging the personal representative from further duties, and the probate case is closed.
How Long Does Probate Take?
In straightforward cases, probate can be completed in six to nine months. More complex estates — those with real property in multiple states, business interests, will contests, or significant creditor claims — can take a year or longer.
Probate costs typically include court filing fees, attorney fees, accounting fees, and appraisal costs. In many states, attorney fees are calculated as a percentage of the estate's value, which is one reason many families choose to plan ahead with a living trust.
Can Probate Be Avoided?
Yes — for many assets. A properly funded revocable living trust, joint ownership with right of survivorship, and beneficiary designations on retirement accounts and life insurance can all bypass probate entirely. If you're currently facing probate or want to spare your family the process, an experienced probate and estate planning attorney can guide you through your options.