Probate Process and Timeline

During a probate process, the probate court ensures that the assets are distributed according to the will or state law. In cases where the deceased person left no will, the probate court appoints an administrator of assets to help manage the estate.

In general, the probate process involves validating the will, appointing an executor, paying debts, and distributing the remaining assets to the deceased's beneficiaries or heirs. Legal advice from a probate attorney can help streamline the probate proceedings.

Overview of the Probate Process

If a person passes away with a last will and testament and estate plan in place (i.e., dying testate), their beneficiaries receive probate assets. The decedent's assets transfer to those named in their will, in accordance with the testator's wishes.

If the person passes away without a will (i.e., dying intestate), the state's intestate succession laws determine property distribution. These are the probate laws that define which relatives can inherit. State law governs most aspects of probate, estate administration, and intestacy.

Either way, the probate court oversees the probate and estate administration legal process. This probate administration processes documents and distributes a decedent's estate after death.

The probate court judge will also settle legal disputes about the person's assets. These disputes may include disagreements over the administration of the estate or the validity of a will.

Estate Administration Timeline

The estate administration process begins when the executor presents the will for probate. It may also start when an interested party petitions a court to appoint them as an intestate decedent's estate administrator. The interested party petitions the probate court where the decedent lived or owned property.

Here's a general idea of when to handle specific steps for a typical estate administration. This basic timeline applies when no interested parties object. An interested party's objection to the will or petition could cause a delay.

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

Appointing an Executor

The executor is the person who will work with the court during the probate process. The will should name an executor, or the probate court can appoint one.

The executor is responsible for filing the will with the probate court. This individual also initiates the process to prove the will is valid.

Once the probate court determines the will's validity, the executor receives testamentary letters. At this point, the probate timeline ends, and the estate has officially completed the process.

Probate Administration Without a Will

If the deceased person fails to leave a will, the probate court will appoint an interested party (administrator). This interested party will serve as the personal representative of the estate and receive letters of administration.

Estate Administration Process

Once appointed, the executor or administrator becomes the estate's personal representative. The estate administration process officially begins. Estate administration is the process of:

• Gathering the assets of a decedent

• Paying off all outstanding debts

• Distributing any remaining assets to either the beneficiaries (decedent died with a will) or heirs (decedent died without a will)

How Long Does the Probate and Estate Administration Process Take?

It depends. A summary probate proceeding could take as little as four months. A typical probate and estate administration process may take up to two years in many states. The probate process can take years to settle in an estate with contested issues or lawsuits.

With careful estate planning, an estate can be transferred outside of probate. For those estates that must go through probate, the timeline begins from the date of the decedent's death.

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

• Size of the estate, as many states have expedited proceedings for small estates

• How much of the estate can be transferred outside of the probate process

• Transfers that are made outside of probate — such as transfer on death deeds, payable on death bank accounts, trusts, and surviving spouse claims

• 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, there are some delays in the probate process resulting from overloaded court dockets. But probate courts operate as efficiently as possible. They seek to move probate cases through the courts.

Probate and Estate Administration Costs and Fees

The probate process and estate administration involve certain fees and costs. These can include:

• Attorney's fees

• Personal representative fees

• Court costs

These fees typically come out of the estate itself. Probate can be costly and time-consuming. Thus, 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 will be there to help, a probate lawyer can ensure the process runs as smoothly as possible, even when you face the unexpected. Some states require an attorney to proceed in probate court. Contact a local probate lawyer for help with the process.