Probate Explained: Why Some Inheritances Take 18 Months to Reach You

Your parent dies. You assume you will receive your inheritance within weeks. Instead, you wait 18 months. The estate sits frozen while a judge slowly approves each transaction. Your sibling files a claim. A creditor comes out of nowhere. Suddenly the inheritance is half of what you expected. This is probate. It is not a legal requirement. It is not inevitable. But if your parent's will is not set up correctly, or if there is no will at all, probate is what happens next. And probate is slow, expensive, and often painful.

This article explains why probate exists, how long it actually takes, how much it costs, which states make it worse, and most importantly, how to avoid it entirely by understanding what your parent should have done before they died.

What Is Probate and Why Does It Even Exist?

Probate is the legal process by which a will is proved valid and an estate is administered under court supervision. When someone dies with a will, the will goes to probate. When someone dies without a will, the estate goes through a similar process called intestate administration. Either way, a judge must approve the distribution of the deceased person's assets.

Probate exists for a reason. It protects creditors, ensures that taxes are paid, validates that the will is authentic, and gives the court authority to resolve disputes if beneficiaries disagree about how assets should be distributed. These are valid purposes. But in modern practice, probate protects creditors far more than it protects heirs. And for most estates without complex disputes, the protections probate provides are overkill.

Here is how probate works in basic steps:

1. Someone files the will with the probate court.
2. The court appoints an executor (the person named in the will to manage the estate) or an administrator (if there is no will).
3. The executor must identify and inventory all assets owned by the deceased person.
4. The executor must notify all beneficiaries and potential creditors.
5. The executor must pay debts, taxes, and expenses of the estate.
6. The executor must file tax returns for the deceased person and the estate.
7. The judge must approve each major transaction.
8. Only after all debts are paid and taxes are settled can the remaining assets be distributed to beneficiaries.

Each of these steps requires paperwork, court filing, and often attorney involvement. Many steps require the judge to sign off. This is why probate takes time.

How Long Does Probate Actually Take?

The simple answer: 6 to 18 months for a straightforward estate. 2 to 3 years or longer if there are disputes, multiple properties, business interests, or claims from creditors.

The more nuanced answer depends on the state.

In some states (like Texas and Alaska), probate can be completed in as little as 4 to 6 months if the estate is small and there are no disputes. These states have streamlined probate processes for simple estates.

In other states (like California, Florida, and New York), probate typically takes 12 to 18 months minimum, even for straightforward estates. California requires a minimum of 4 months from the filing date just to publish notices to creditors and potential claimants. After that minimum period expires, the court still needs time to review the case and approve the final distribution.

The national average is 9 to 12 months for an uncontested estate with no significant complexity.

But the timeline is often extended by:

Delays in filing. The executor may not file the will with probate court for weeks or months after the death. This pushes back the entire timeline.

Complexity in asset identification. If the deceased person owned property in multiple states, had business interests, or left behind assets that are difficult to value (like art, collectibles, or closely held business stock), the asset identification process takes much longer.

Tax complications. If the estate is large enough to owe federal estate taxes, the estate cannot be fully distributed until the federal estate tax return is filed, which is often 6 to 12 months after death.

Disputes among beneficiaries. If one beneficiary contests the will or disputes the executor's decisions, probate court becomes adversarial. These disputes can extend probate by years.

Creditor claims. If the deceased person had significant debts, creditors file claims against the estate. The executor must validate each claim and negotiate settlements. This extends the timeline.

Inadequate documentation. If the will is poorly drafted, missing documents, or unclear about asset ownership, the court takes longer to interpret it.

Slow courts. Some probate courts are overwhelmed with cases. The court calendar may not have availability for hearings for months.

A real example: A 65-year-old dies with a $600,000 estate. She owned a house, a brokerage account, and a car. Her will names her adult child as executor. There are no disputes. The estate owes no federal estate taxes (estate is below the federal exemption). Timeline: 9 to 12 months. The child cannot access any of the money until the court approves the final distribution.

Another real example: A 75-year-old dies with a $3 million estate. He owned a house, rental properties in two states, a business valued at $800,000, and a brokerage account. His will is clear, but the business valuation requires expert appraisal. His estate owes federal estate taxes (estate exceeds the exemption). A creditor claims he owes $50,000 on an old business loan. Timeline: 2 to 3 years. The business is frozen and cannot be managed during this time.

Why Does Probate Cost So Much?

Probate costs money. Lots of it. Most people do not realize how expensive probate is until they are in the middle of it.

Typical probate costs include:

Court filing fees: $300 to $1,000, depending on the state and estate size. California charges filing fees based on estate value, ranging from a few hundred dollars for small estates to several thousand for large estates.

Executor bonds: $500 to $2,000, or sometimes more. If the will requires an executor bond (a form of insurance protecting the estate from the executor's misconduct), the executor must purchase this bond. The cost is paid from estate funds.

Attorney fees: $2,500 to $15,000 for a simple estate. $25,000 to $100,000 or more for complex estates. Many attorneys charge hourly rates for probate work ($200 to $500 per hour). Some charge a percentage of the estate value, typically 2 to 5%. An estate worth $500,000 with a 3% attorney fee costs $15,000 in attorney fees alone.

Appraisal fees: $500 to $5,000 for each asset that must be appraised. If the deceased person owned a business, real estate, art, or other hard-to-value assets, professional appraisers must determine the value. These appraisals are required by the court.

Accounting fees: $1,000 to $5,000 for a CPA to prepare estate tax returns and file estate income tax returns.

Publication costs: $200 to $500 to publish notices in local newspapers (required in most states).

Probate management fees: Some executors (especially professional executors or corporate executors) charge a percentage of the estate value for their work, typically 1 to 5%.

A $500,000 estate with no complications might cost $8,000 to $25,000 in probate expenses. A $1 million estate might cost $20,000 to $60,000. A $3 million estate could cost $50,000 to $150,000.

These costs come out of the estate. They reduce what beneficiaries receive. A child expecting to inherit $500,000 might receive $475,000 after probate costs are paid.

State Probate Variations: Why Your State Matters

Some states make probate much worse than others.

California: California probate is expensive and slow. Attorney fees are calculated as a percentage of estate value, with a statutory schedule: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $200,000, 1% on amounts above $400,000. On a $500,000 estate, the statutory attorney fee is $13,000. California also requires independent administration in some cases, which means the executor can act without court approval for certain transactions. This speeds things up slightly. Timeline: 12 to 18 months.

Florida: Florida probate is complex. The state requires extensive creditor notification and waiting periods. Florida also has strict requirements about how assets are valued and inventoried. Timeline: 12 to 24 months, often longer.

New York: New York probate is slow. The court system in New York is overburdened, and probate cases move slowly through the calendar. The state also has detailed accounting requirements. Timeline: 18 months to 3 years is common.

Texas: Texas probate is relatively fast and informal. Texas has streamlined probate for small estates. If the estate is small enough, probate can be completed in 4 to 6 months. For larger estates, Texas still has independent administration, which allows executors to act without constant court approval. Timeline: 6 to 12 months.

Alaska: Alaska is one of the few states that allows certain trusts to be established after death. Alaska is extremely probate-friendly. Timeline: 4 to 8 months for simple estates.

Washington: Washington has probate, but the process is faster than many states. Washington allows independent administration for most estates. Timeline: 6 to 12 months.

The lesson: Your state of residence matters. If you live in California or Florida, probate is expensive and slow. If you live in Texas or Alaska, probate can be relatively manageable. But in all states, a properly structured trust avoids probate entirely.

Why Probate Destroys Inheritances: Real Scenarios

Probate does not just delay money. It often reduces the amount beneficiaries receive.

Scenario 1: A Sibling Contest

Your parent dies with a $400,000 estate. Your parent's will leaves $200,000 to you and $200,000 to your sibling. But your sibling believes the will is unfair. They contest the will, claiming your parent was not mentally competent when they signed it. The will contest forces the estate into litigation. The executor must hire an attorney to defend the will. Your sibling hires an attorney. Both attorneys charge hourly rates. The litigation lasts 18 months. Attorney fees total $50,000. The will is eventually upheld. Your sibling loses their contest. But the estate has shrunk from $400,000 to $350,000. You receive $175,000 instead of $200,000.

Scenario 2: Creditor Claims

Your parent dies with a $600,000 estate. Your parent had a $100,000 home equity line of credit that is still outstanding. When the executor notifies creditors of the death, the lender demands payment of the entire $100,000 balance immediately. The estate must pay this debt. Additionally, unpaid medical bills from your parent's final illness total $25,000. These must be paid from the estate. Property taxes owed when your parent died total $8,000. The estate shrinks from $600,000 to $467,000. Plus, the executor spent 6 months tracking down bills and managing creditor negotiations.

Scenario 3: A Slow Court Calendar

Your parent dies with a $300,000 estate. There are no disputes, no complications. The executor files the will immediately. But the probate court is backed up with 200 cases ahead of this one. The court can only schedule hearings once a month. The first hearing is 3 months away. The final hearing is 12 months away. The probate process that could have been completed in 6 months takes 12 to 14 months because the court is slow.

Scenario 4: A Business Frozen in Probate

Your parent dies owning a small business worth $500,000. Your parent also had $200,000 in liquid assets. The will names you as executor and leaves you the business. But during probate, the business cannot be sold or transferred without court approval. The business is frozen for 18 months. Revenue declines. Customers leave. The business value drops to $300,000 by the time probate is complete. You inherit a business worth much less than when your parent died.

The Hidden Family Conflict in Probate

Probate creates family conflict in ways people do not anticipate.

When an executor is managing the estate, they must make decisions that affect beneficiaries. Should the house be sold immediately or rented out for income? Should inherited stock be kept or sold? Should the executor take executor fees for their work (which reduces the amount available for distribution)?

If the executor makes decisions that some beneficiaries disagree with, litigation can result. One beneficiary sues the executor for breach of fiduciary duty. The litigation freezes the estate further. Attorney fees mount. Family relationships permanently break down.

Example: Your parent dies. Your sibling becomes executor. Your sibling decides to sell the family home to pay estate costs. You wanted to keep the house. You sue your sibling for breach of fiduciary duty. The probate process, which was supposed to take 12 months, now takes 3 years. You and your sibling no longer speak. The house is eventually sold at a discount because it sat on the market during the extended litigation.

This is why probate is so damaging to families. It is not just the delays or the costs. It is the conflict that the legal process creates.

How to Avoid Probate Entirely: Trusts and Other Strategies

The solution to probate is to avoid it. And that is possible if your parent set up their estate correctly before death.

Strategy 1: Revocable Living Trust

A revocable living trust is a legal entity that holds assets during the trustor's lifetime. When the trustor dies, the trust becomes irrevocable and assets pass to beneficiaries without probate. The trust document specifies how assets are distributed, just like a will. But because the assets are in the trust's name (not the deceased person's name), they do not go through probate.

A revocable living trust costs $1,000 to $2,500 to create. It avoids probate, saving $8,000 to $50,000 in probate costs and 6 to 12 months of delay.

Strategy 2: Beneficiary Designations

Life insurance policies, IRAs, 401(k)s, and some investment accounts allow you to name a beneficiary. When you die, the assets pass directly to the beneficiary, bypassing probate. This is free and effective for these specific assets.

Strategy 3: Joint Ownership with Right of Survivorship

If a bank account or real estate is owned jointly with a right of survivorship, the surviving owner automatically receives full ownership when one owner dies. No probate. No court involvement. This is simple but has tax and liability implications.

Strategy 4: Payable-on-Death Accounts

Some banks allow you to name a payable-on-death beneficiary on a savings or checking account. When you die, the account passes directly to the named beneficiary. No probate.

Strategy 5: Transfer-on-Death Deeds

Some states allow transfer-on-death deeds for real estate. You sign the deed during your lifetime, naming a beneficiary. When you die, the real estate passes to the beneficiary without probate.

The Most Effective Solution: A Revocable Living Trust

The most effective way to avoid probate is a revocable living trust combined with a pour-over will. The trust holds most assets. The pour-over will catches any assets accidentally left outside the trust. This combination avoids probate entirely and provides flexibility.

Example: Your parent creates a revocable living trust before death. The trust owns the house, the brokerage account, and the life insurance policy (through beneficiary designation). When your parent dies, these assets pass to you immediately through the trust. No probate. The process takes 3 to 4 weeks instead of 18 months. The costs are $1,500 instead of $25,000.

What to Do If Your Parent Died Without a Trust

If your parent is deceased and did not have a trust, probate is now inevitable. You cannot retroactively create a trust to avoid probate.

But you can minimize probate damage:

Step 1: Hire a probate attorney. You need professional guidance. Attorney fees are worth it to navigate the system correctly.

Step 2: File the will immediately. Do not delay filing. The sooner you file, the sooner the clock starts.

Step 3: Gather documentation. Collect all documents related to the deceased person's assets: deeds, brokerage statements, bank statements, business records.

Step 4: Request streamlined probate if available. Some states have simplified probate procedures for small estates. If your parent's estate qualifies, request this expedited process.

Step 5: Communicate with beneficiaries. Keep beneficiaries informed throughout the process. This reduces conflict and prevents surprises.

Step 6: Be prepared to wait. Probate will take 12 to 18 months minimum, even with good execution. Do not count on the money arriving quickly.

About the Author

Kurt Altrichter, CRPS, is the founder and Chief Investment Officer of Ivory Hill, LLC, a fee-only fiduciary registered investment advisory firm based in Edina, Minnesota. He specializes in wealth management for business owners and high-net-worth individuals navigating major financial transitions including inheritance, business sales, and retirement plan design. Kurt is an Investment Adviser Representative under Life Inc. Retirement Services.

Kurt works with families to avoid probate through proper estate planning. Ivory Hill provides in-house estate planning services including wills, trusts, powers of attorney, healthcare directives, and real estate retitling. A properly structured revocable living trust, funded before death, can eliminate probate entirely and reduce costs by tens of thousands of dollars while accelerating distribution to heirs from 18 months to 3 to 4 weeks.

To discuss avoiding probate or to set up a revocable living trust, contact Kurt at kurt@ivoryhill.com or visit ivoryhill.com.

Apply to work with Kurt: https://calendly.com/ivoryhill/discovery

Disclaimer

The information provided in this article is for educational purposes only and should not be construed as personalized legal or financial advice. Probate procedures vary significantly by state, and the timeline and costs described in this article are averages that may not apply to your specific situation. Estate planning strategies, trusts, and alternatives to probate require careful planning and legal review. Before making decisions about inheritance, probate, or estate planning, consult with a probate attorney licensed in your state and a qualified financial advisor.

Ivory Hill, LLC is a registered investment adviser. Investment Adviser Representative services offered through Life Inc. Retirement Services.

Last Verified

• Average probate timeline: 9 to 12 months for uncontested estates; 18+ months for complex estates (verified February 2026)
• Probate costs and attorney fee ranges: Verified across California, Florida, Texas, New York, and Washington (February 2026)
• California statutory attorney fee schedule: California Probate Code Section 10810 (verified February 2026)
• Probate process steps and court requirements: Verified across multiple state jurisdictions (February 2026)
• Revocable living trust as probate avoidance strategy: Verified across all 50 states (February 2026)
• Beneficiary designation and transfer-on-death rules: Verified across state probate codes (February 2026)