How Long Does Probate Take? A Clear Timeline

Quick Answer:
Probate for a simple estate often takes about 6 to 12 months from filing to closing. Estates with real estate in more than one state, tax filings, or questions among heirs can take a year or two. The creditor claim period, usually three to six months depending on the state, sets the shortest possible timeline. The good news for families: the house can usually be sold during probate, long before the estate closes.

If you are handling an estate, you probably want to know how long this will take and when you can deal with the house. There is no single timeline for every estate. It helps to look at the steps separately, especially because work on the home can often happen while the estate paperwork is moving forward.

The Probate Timeline, Stage by Stage

	Stage	Typical length
1	Filing the will and petition	2 to 6 weeks to get a hearing or approval
2	Executor appointed, letters issued	Often 1 to 2 months after the death
3	Notice to creditors	About 3 to 6 months, depending on the state
4	Inventory and date of death appraisal	Within the first few months
5	Selling the house, if needed	About 2 to 4 months, often during the creditor period
6	Paying bills and filing taxes	Ongoing, with final tax returns near the end
7	Final accounting and distribution	1 to 3 months
8	Closing the estate	When the court or state law allows

1. Filing the will and petition

The executor files the original will and a petition with the probate court in the county where the person lived. If there is no will, a family member petitions to be appointed administrator. Some courts approve these quickly on paper, and others schedule a short hearing.

2. The executor is appointed

Once approved, the court issues letters testamentary (or letters of administration). This document lets the executor open an estate bank account, deal with the house and handle the person’s affairs.

3. Notice to creditors

The executor publishes a notice and contacts known creditors. Creditors then have a set window to file claims, commonly three to six months depending on the state. In Washington, for example, the window is generally four months after the notice is first published. This period runs in the background while other work moves forward.

4. Inventory and appraisal

The executor lists the estate’s assets and their value, including a date of death appraisal for the home. That value also sets the stepped up basis for the heirs, which matters when the house sells.

5. Selling the house

Many executors sell the house during the creditor period. Preparing the home usually takes a few weeks, and escrow typically runs 30 to 45 days. If the court needs to confirm the sale, add a few more weeks for the hearing. My guide to selling a house in probate covers each step.

6. Paying bills and filing taxes

The executor pays valid debts, final expenses and the person’s final income tax return. Larger estates may also need an estate tax return, which is generally due nine months after the date of death.

7. Final accounting and distribution

The executor prepares an accounting of money in and money out, then distributes what remains to the heirs. In many states, heirs can sign waivers or approvals that make this step quick.

8. Closing the estate

The executor files the final paperwork, and the court or state law closes the estate. The executor’s job is complete.

What Can Help Keep Probate Moving

A clear, current will. Having a will that names an executor and clearly states the person’s wishes can make the process easier to follow.

Independent authority. Many states let the executor act without court approval for each step. Washington’s nonintervention powers are a great example, and they can save months.

Heirs on the same page. Talk about the house early and keep family members updated. It is easier to make decisions when everyone has the same information.

Organized records. Keep bank statements, the deed, insurance information and recent bills together so they are easy to find when needed.

A prepared plan for the house. Think about whether you want to keep, rent or sell. If selling is the plan, we can look at the home early and decide which preparations are worth starting.

Estates That Take a Little Longer

Some estates have more pieces to work through, so they take longer. Real estate in another state usually needs a second probate there, called ancillary probate. Estates that owe estate tax wait for the tax return to be accepted. When heirs disagree or a will is contested, the court takes the time it needs to resolve it. An estate attorney can give you a realistic estimate for your situation.

Ways to Skip or Shorten Probate

Not every home needs a full probate. A house held in a living trust passes to the trustee, who can usually sell it without court. A home owned jointly with right of survivorship passes to the surviving owner. Many states offer transfer on death deeds, which name who receives the home. Smaller estates may qualify for a simplified process or a small estate affidavit, though in many states these do not cover real estate. If the home was in a trust, see my guide to selling a house in a trust.

How Long Does Buying a House in Probate Take?

For buyers, a probate purchase usually closes in 30 to 60 days once the offer is accepted, about the same as a regular sale. When the court must confirm the sale, plan for one to two months more. Buyers who bring flexible timing often find great opportunities in probate homes.

Frequently Asked Questions

What is the shortest probate can take?

Usually a few months at minimum, because the creditor claim period has to run. Very small estates using a simplified process can sometimes finish faster.

Can the house be sold before probate is finished?

Yes. Once the executor is appointed, the house can be sold during probate. Many executors sell while the creditor period runs.

How long after probate can a house be sold?

There is no waiting period after probate. The house can sell during probate, as soon as the executor has letters from the court.

Can heirs receive money before probate closes?

Sometimes. Once the creditor period has passed and the estate’s bills are clear, some states allow partial distributions to heirs before the final accounting.

Can someone live in the house during probate?

Often, yes, with the executor’s agreement. The estate keeps paying the mortgage, taxes and insurance, and the arrangement should be fair to all the heirs.

Does probate always include a court hearing?

No. Many states handle simple estates on paperwork alone, especially when the executor has independent authority.

For more detail, you may also like my posts on whether you can sell a house before probate, how to find a good probate attorney and inheriting a house with a mortgage.

About the Author

Jolene Baijot is a real estate agent and Designated Broker with more than 25 years of experience and over 1,000 transactions. She holds the Certified Probate Real Estate Specialist (CPRES) and Accredited Buyer’s Representative (ABR) designations and is also a commercial broker. She helps executors and families plan the sale of inherited homes around the probate timeline. Learn more about how Jolene helps with probate and trust sales.

Planning to Sell the Home?

You do not have to wait until the house is empty or ready for photos to call me. We can look at what needs to be done and plan the sale around the timeline your estate attorney gives you. Schedule a free 15 minute call to get started.

This guide is general real estate information. An estate attorney can give you a timeline for your estate and state, and a CPA can advise on taxes.