How Probate Works in the United States: Timelines, Costs, and Required Steps
Probate is the court process that settles a person’s affairs after death. It exists in every state and usually becomes necessary when someone dies owning property or accounts in their name alone. Families often reach this point while they are grieving and trying to keep day to day life together, which makes each legal step feel heavier and more confusing. Understanding how probate generally works across the United States gives you a clearer picture of what is coming so you are not learning everything for the first time in the middle of a crisis.
Surveys in 2025 show that only about one in four American adults has a will, and more than half have no formal estate plan at all (Source: Caring.com). At the same time, new national research on probate reveals that most people expect the process to be quick and simple, even though average estates can spend close to twenty months in probate, and only a very small share of Americans correctly guess that timeline (Source: Trust & Will). That gap between expectations and reality is where stress and surprise usually show up for families. To close that gap, the next step is to look at the typical probate timeline and see what actually happens from the day a case is opened until the court finally closes the estate.
Disclaimer: Exact procedures vary by state, but the major stages below are shared across the country.
Typical probate timeline in the United States
Probate starts when someone files a petition with the local court to open the estate. A judge then reviews the will if one exists and appoints a personal representative or executor. Once this appointment is made, the legal work begins. Across the country, simple estates can sometimes finish in about three to six months when records are clear and there are no disputes (Source: American Wills and Estates). Most estates take longer because several legal steps require waiting periods. A realistic timeline for many families is six to twelve months, and national data shows that probate overall averages about 20 months and typically ranges from 6 to 24 months, depending on how complex the estate is (Source: Trust and Will).
Delays appear when the estate has real estate that needs to be sold, business interests that need valuation, multiple bank accounts, missing financial documents, or disagreements among heirs. Some courts also have heavy caseloads, which increases the time between required hearings.
What probate usually costs
Probate costs differ by state, but national averages offer a useful benchmark. Recent legal guides show that probate expenses often total 3% to 7% of the estate’s value (Source: Investopedia). For a five hundred thousand dollar estate, this means about fifteen thousand to thirty five thousand dollars in combined costs. These costs usually come out of the estate before beneficiaries receive anything.
Court fees are only one part of the total. Many states charge court filing fees ranging from a few hundred dollars to more than a thousand dollars to open a probate case, and larger estates sometimes face additional fees based on value (Source: Attorneys Real Estate Group). Attorney fees are the most significant expense. Many probate attorneys charge two hundred dollars to five hundred dollars per hour, while some states use a percentage based fee system tied directly to the size of the estate (Source: SmartAsset). Appraisals, tax preparation, property maintenance, and required public notices also add to the total cost.
The core steps shared by most states
Probate follows a consistent pattern across the United States. The first step is filing a petition to open the estate. If there is a will, the court confirms that it is valid. If there is no will, the court follows state law to select a personal representative. Once appointed, this representative receives legal authority to gather information, manage assets, and complete required tasks.
The next phase involves giving notice to heirs, beneficiaries, and creditors. Most states require both direct notice and a published notice so creditors have a chance to file claims. During this time, the representative collects bank records, retirement account statements, property deeds, loan information, and insurance documents to prepare an official inventory of all assets and debts.
After the inventory is filed, the representative pays valid debts, taxes, and administration costs using estate funds. This step includes reviewing creditor claims, settling outstanding bills, filing the final income tax return, and handling any estate tax requirements. Only after all obligations are satisfied can the representative distribute the remaining property to heirs.
The final step is closing the estate. The representative files a final accounting with the court that shows all income, payments, and distributions. When the court approves the accounting, it issues an order that formally closes the case.
Planning ahead to reduce time, cost, and stress
Probate becomes slower and more expensive when documents are missing or when families are unsure about the person’s wishes. Keeping a current will, naming a trusted executor, and maintaining updated beneficiary designations on retirement accounts and life insurance can prevent delays. Payable on death and transfer on death registrations on accounts where allowed can also help assets pass outside probate.
Some families set up a living trust to reduce how much property enters probate. When assets are titled in the name of the trust and properly maintained, the successor trustee can step in with fewer court requirements. This approach can shorten delays and keep more information private.
Planning before a crisis gives your family clarity and direction. If you want support creating a will, trust, or full estate plan that fits your goals, Legacy Promises Network can guide you through every step. Reach out to Legacy Promises to build a plan that protects your wishes and reduces the burden on the people you love.
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