How Probate Works: A Plain-English Timeline for Families

Probate is the legal process a court uses to validate a will, pay debts, and transfer what's left to the heirs. It is not optional when there are probate assets — it is the only mechanism a bank, title company, or brokerage will accept to release funds to someone other than the deceased. Most families have no idea what to expect until they are standing in the middle of it. Here is what the process actually looks like.

Step 1: Locate the will and the death certificate

Nothing starts until two documents are in hand: the original signed will and a certified copy of the death certificate. The funeral home typically orders 10–15 certified copies of the death certificate as part of arrangements. You will need them — banks, insurance companies, the Social Security Administration, and the court each want originals.

The original will should be in a fireproof safe, with the drafting attorney, or in a secure vault. Photocopies are not enough. If the original cannot be found, most states presume the decedent intentionally revoked it and the estate passes under intestacy laws.

Step 2: File the petition for probate

The named executor (or, if there is no will, the closest family member) files a petition with the probate court in the county where the decedent lived. The petition asks the court to admit the will to probate and formally appoint the executor. Filing fees range from $200 to $1,200 depending on the state and estate size.

Within a few weeks, the court holds a brief hearing. If no one objects, the judge signs letters testamentary — the document banks and brokerages will demand before releasing anything. Without letters, the executor has no legal authority.

Step 3: Notify heirs and creditors

State law requires the executor to notify every beneficiary named in the will, every heir who would inherit under intestacy, and every known creditor. Most states also require publishing a notice in a local newspaper for two to four weeks. This starts the creditor claim period — typically three to six months — during which creditors must file claims or lose them.

The notice period is the single largest source of delay. Even if the family wants to wrap things up quickly, the court will not allow distributions until the creditor window closes.

Step 4: Inventory and appraise the estate

The executor must inventory everything the decedent owned in their sole name — real estate, bank accounts, vehicles, investment accounts, business interests, valuables. Jointly owned property, retirement accounts with named beneficiaries, life insurance, and trust-held assets are not part of the probate estate.

Real estate and valuable personal property usually require a formal appraisal. The inventory gets filed with the court within 60–120 days of appointment, depending on the state.

Step 5: Pay debts, taxes, and expenses

Before any heir sees a dollar, the executor pays in this priority order:

• Funeral and burial expenses
• Estate administration costs (court fees, attorney fees, appraisals)
• Federal and state taxes — including the decedent's final income tax return
• Secured debts (mortgages, car loans)
• Unsecured debts (credit cards, medical bills, personal loans)

If the estate is insolvent, lower-priority creditors get nothing and heirs get nothing. The IRS provides a clear breakdown of estate tax obligations in Publication 559 — the executor's tax guide.

Step 6: Final accounting and distribution

Once debts are paid and the creditor period has closed, the executor prepares a final accounting — every dollar in, every dollar out, every asset and its disposition. Beneficiaries sign off on the accounting, the court approves, and the executor distributes what remains according to the will.

In simplified estates, distribution happens via informal release. In complex or contested estates, the executor petitions for a final court order before distributing.

How long does probate actually take?

For a clean, uncontested estate with no real estate complications:

• **California:** 9–18 months
• **Florida:** 6–12 months (formal administration) or 30–60 days (summary administration for estates under $75,000)
• **Texas (independent administration):** 4–8 months
• **New York:** 7–24 months
• **Illinois:** 6–12 months

Contested wills, missing heirs, real estate that needs to sell, business interests, or out-of-state property routinely push timelines to two or three years. The American College of Trust and Estate Counsel publishes state-by-state probate overviews if you want to look up your state specifically.

What it costs

Probate has four cost buckets:

• **Court filing fees:** $200–$1,200
• **Executor compensation:** typically 2–5 percent of gross estate (waivable by family members)
• **Attorney fees:** in California and Florida, set by statute as a percentage of estate value — 4 percent of the first $100K, scaling down. In most other states, hourly ($200–$500/hour) or flat fee
• **Bond and appraisal:** $500–$3,000

A $500,000 estate in California will typically run $26,000–$32,000 in combined fees. In Texas with independent administration and no contests, the same estate might cost $5,000–$10,000.

How families can make probate easier

The decedent's preparation determines almost everything about how this process feels. Three high-leverage moves:

• **Keep a current asset list.** Account numbers, institutions, and contact info for every meaningful asset. The executor's first 30 days are 80 percent scavenger hunt — a list cuts that to zero. Our [family emergency binder checklist](/blog/family-emergency-binder-checklist) walks through exactly what to include.
• **Add beneficiary designations.** Retirement accounts, life insurance, brokerage accounts, and bank accounts can all pass outside probate via beneficiary forms or transfer-on-death registrations. This often shrinks the probate estate by 70–90 percent.
• **Tell the executor where the originals are.** A will no one can find is functionally no will. Tell the named executor specifically — not "my family knows." Name a backup executor too.

Avoiding probate entirely

The clean way to avoid probate is a fully funded revocable living trust — see our living trust vs. will comparison. The cheap way, for single-asset estates, is a transfer-on-death deed (available in about 30 states for real estate) plus beneficiary designations on every financial account.

VoiceWill™'s voice intake maps your actual asset list and tells you which combination of tools will keep your family out of probate court — without selling you a trust you don't need.

The bottom line

Probate is a procedural marathon: predictable, expensive, slow, and survivable. Families who have a current asset list, a known location for the original will, and a willing executor get through it in roughly six months and a few thousand dollars. Families with none of those things spend two years and tens of thousands. The work to land in the first group takes about an evening.