What Is Probate and How Long Does It Take?
6 min read
If someone close to you has died — or you're planning your own estate — you'll run into the word probate. It sounds intimidating, but the concept is simple: it's the court-supervised process of proving a will is valid, settling debts, and passing assets to the people who inherit them.
What probate actually involves
- The will is filed with the probate court and validated.
- An executor (or court-appointed administrator if there's no will) is confirmed.
- Assets are identified and valued.
- Debts, taxes and expenses are paid.
- What's left is distributed to the beneficiaries.
How long does probate take?
For a simple, uncontested estate, probate often takes around six months to a year. Larger or disputed estates can run well beyond that. The single biggest delay is usually time spent finding and valuing the assets — which is entirely avoidable.
What does probate cost?
Costs vary widely by jurisdiction but commonly include court fees, executor fees and professional (legal/accounting) fees — often a few percent of the estate's value. The more organised the estate, the lower the professional time, and the lower the bill.
What skips probate entirely
- Assets with a named beneficiary (life insurance, retirement accounts, payable-on-death bank accounts).
- Jointly owned property with right of survivorship.
- Assets held in a living trust.
Naming beneficiaries directly is one of the easiest ways to pass assets quickly. See which accounts avoid probate for the full list, and what happens to your bank account when you die for how payable-on-death accounts work.
How to make probate easier for your family
- Have a clear, valid, up-to-date will — you can write one free.
- Name beneficiaries directly wherever possible.
- Keep a complete record of every asset and how to claim it, so your executor isn't hunting.
- Store that record somewhere your executor can actually reach when the time comes.
Spare your family months of probate guesswork.
Start your free vaultFrequently asked questions
How long does probate take?
A simple, uncontested estate usually takes around six months to a year. Complex or contested estates can take significantly longer.
Can you avoid probate?
Partly. Assets with named beneficiaries, jointly owned property, and assets in a living trust pass outside probate. A well-organised estate also moves through probate far faster.
What happens if there is no will?
The estate is distributed according to your jurisdiction’s intestacy laws, and the court appoints an administrator — often a slower, more expensive process than with a clear will.
A note on legal advice
This article is general information, not legal advice. Passing-On is not a law firm. Estate and inheritance rules vary by state and change over time, so please consult a qualified professional about your own situation. Our free will writer produces a draft only — it has not been reviewed by a lawyer, and it has no legal effect until an attorney has looked it over and you have signed and witnessed it correctly.