Estate Planning

How long does probate take?

Most probate cases take six months to a year; contested estates can take several years.

Full Answer

Probate timing depends on state law, the complexity of the estate, and whether anyone contests the will. Routine probate of a simple estate may close in six to nine months. Estates with real estate in multiple states, business interests, tax issues, or family disputes routinely take two years or more.

Most states require a creditor claim period — usually four to six months — before the estate can close. Tax clearances and final accountings add additional time at the end of the case.

The cleanest way to spare your family the time and cost of probate is to set up a revocable living trust during your lifetime and fund it with your major assets. An estate planning attorney can advise on the right approach for your situation.

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