Probate Process and Timeline

Either way, the probate court will be in charge of the probate and estate administration process that documents and distributes a decedent's estate after death. The probate court judge will also be responsible for settling any legal disputes regarding the administration of the estate or the validity of a will.

The person who will be working with the court during the probate process is the person named as executor in the will. The executor is responsible for filing the will with the probate court and initiating the process to prove that the will is valid. Probate is the process of proving that a will is a valid will. Once the will has been determined to be a valid will, the executor will receive testamentary letters and the probate process is completed. If the deceased person failed to leave a will, the probate court will appoint an interested party to serve as the administrator of the estate and they will receive letters of administration.

Once both executors and administrators have officially been appointed to the estate, they are considered the personal representative of the estate, and the estate administration process officially begins. Estate administration is the process of gathering the assets of a decedent, paying off all the debts, and distributing any remaining property to either the beneficiaries (decedent died with a will) or heirs (decedent died without a will).

Read on to learn about the basic probate and estate administration timeline and process.

How Long Does the Probate and Estate Administration Process Take?

The answer is "it depends." A summary probate proceeding could take as little as four months. In many states, a typical probate and estate administration process will take up to one to two years from the date of the decedent's death. In an estate with contested issues or lawsuits, the process may take years to settle and conclude probate.

There are a lot of factors that can shorten or lengthen the probate and estate administration timeline, including:

• Size of the estate — many states have expedited proceedings for small estates.
• How much of the estate can be transferred outside of the probate process (through transfer on death deeds, payable on death bank accounts, trusts, surviving spouse claims, etc.). With careful estate planning, it's possible that most of an estate can be transferred outside of probate.
• Whether there are questions about the validity of the will, which could lead to a will contest.
• Whether there are conflicts among family members (heirs) and beneficiaries leading to a probate hearing.
• Real estate problems that would make it difficult to transfer title.
• Difficulty finding real property mentioned in the will.
• Mismanagement of estate property or the probate process by a fiduciary, such as a trustee or executor.
• Challenges to the legitimacy of some outstanding debts.
• Whether the decedent's estate has enough money to pay creditor claims or if estate assets must be sold first in order to do so.
• Tax problems that make it difficult to file the decedent's final income tax returns.

And, of course, some delays in the probate process are the result of backed-up court dockets. But probate courts operate as efficiently as possible to move the probate case through the courts quickly.

Estate Administration Timeline

The estate administration process begins when the executor presents the will for probate or when an interested party petitions a court to be appointed as the administrator of an intestate (no will) decedent's estate at a probate court where the decedent lived or owned property. Here's a basic timeline and specific steps for a typical estate administration when none of the interested parties object to the will or petition moving forward. Keep in mind if any interested party objects to the will or petition, then the process will be extended.

Note: The above timeline may not apply to cases with more complicated issues or potential lawsuits.

Probate and Estate Administration Costs and Fees

The probate process and estate administration involve certain fees and costs, such as attorney's fees, personal representative fees, and court costs. These fees typically come out of the estate itself. Because probate can be costly and time-consuming, people look for options to avoid probate.

Get Legal Advice from a Probate Attorney

Navigating the probate process requires you to know and follow the rules and procedures found in your state's probate code. While court staff is there to help, a probate lawyer can ensure the process runs as smoothly as possible, even when you face the unexpected. Contact a local probate lawyer.