When a loved one passes away, their family often finds themselves facing an unfamiliar legal process called probate. It’s a term that comes up frequently in estate planning (usually as something to avoid) but many people don’t fully understand what probate is or why it can take so long.
At KF Law Group, we guide families through this process and, ideally, help them plan ahead to avoid it entirely. Here’s a straightforward explanation of how probate works, how long it takes, and what to expect along the way.
Probate is the court-supervised process of transferring ownership of a deceased person’s assets to their heirs or beneficiaries.
If the person had a will, the court validates it and appoints the executor named in that document. If there’s no will, the court appoints an administrator (usually a family member) to handle the estate.
The executor or administrator must:
While this process ensures everything is handled legally, it can also be slow, expensive, and stressful. This is especially true when compared to trust administration, which allows assets to be transferred privately without court involvement.
Probate is required when a person dies owning assets in their own name, meaning those assets were not placed into a revocable living trust or didn’t have a named beneficiary.
Common assets that trigger probate include:
Even if someone had a will, which, in theory, is just an instruction letter to the court, probate is still necessary to give the executor legal authority to act.
Probate is a lengthy process often taking around two years from start to finish. Here’s why:
After the probate petition is filed, the first court date is typically scheduled six to eight weeks out. That delay is simply due to crowded court calendars.
At the initial hearing, the judge officially appoints the executor or administrator and issues letters of office. These are the legal documents giving them authority to access and manage the estate’s assets.
Once the estate is opened, notice must be given to heirs and legatees (if there’s a will), and a creditor notice must be published in a local law bulletin for three consecutive weeks.
From the date of that publication, the estate must remain open for at least six months to allow creditors to file claims. During this time, even if the executor has gathered assets, they generally can’t distribute them until the claim period expires.
Depending on whether the estate is under independent or supervised administration, additional court appearances may be required to sell property, pay expenses, or make distributions.
Each request requires scheduling another court date — often another six to eight weeks out — adding months to the overall timeline.
Once debts are paid and assets distributed, the executor must make a final accounting and request court approval to close the estate. This final hearing can take additional time to schedule and complete.
The end result: even a straightforward probate typically takes 18 months to two years, and more complex estates can last much longer.
Beyond the time and cost, probate often creates emotional and logistical challenges for families.
Without that authority, accounts remain frozen, property taxes or mortgages can go unpaid, and necessary decisions are delayed. It’s a stressful experience during an already painful time.
The best way to spare your family from the delays and expenses of probate is to create a revocable living trust and properly fund it — meaning you title your assets in the name of the trust.
When a trust is in place:
Probate isn’t the end of the world, but it’s slow, costly, and completely avoidable with the right planning.
Probate is a court-managed process designed to ensure fairness but it can delay access to assets, create added expense, and place unnecessary stress on families.
With proactive estate planning, including a revocable living trust and powers of attorney, you can help your loved ones avoid the red tape and confusion that often come with probate.
KF Law Group helps families design estate plans that make life easier — not harder — when it matters most.
Contact us today to learn how to protect your loved ones from the time, cost, and complications of probate.