Key Takeaways Introduction One of the most frustrating aspects for families navigating probate is that every probate case is different, and it can be difficult to know when to expect the process to be over and when to receive your distribution of an inheritance. Beneficiaries in a probate case not only want the process to […] The post How Long Does the Probate Process Take? Factors That Affect Timeline appeared first on RMO Lawyers.
Key Takeaways
- Although every case is different, the probate process can take anywhere from 6 months to two years or more.
- Factors that may affect the probate timeline include the size of the estate, the complexity of the estate, where assets are located and whether any contests or disputes arise.
- High-net-worth estates often have a longer probate process because of the larger asset portfolio and the increased risk of contention due to the likelihood of a larger inheritance.
- Executors and administrators may be able to speed up the probate process by staying ahead of deadlines, seeking the support of a qualified attorney and seeking a streamlined probate administration when applicable.
Introduction
One of the most frustrating aspects for families navigating probate is that every probate case is different, and it can be difficult to know when to expect the process to be over and when to receive your distribution of an inheritance. Beneficiaries in a probate case not only want the process to be over quickly following the stress of losing a loved one, but they also want to see their distributions as soon as possible, especially when they can expect a relatively sizable inheritance.
The probate process can take anywhere from 6 to 18 months or longer from the time that the executor or estate administrator is officially appointed, depending on the size and complexity of an estate. Factors like litigation and tax clearance can also affect probate timelines. Understanding how long the probate process takes helps you set expectations for when you may receive your inheritance, but it also helps you know when you should be patient and when you should be concerned about seeking legal support.
The Baseline: Average Probate Timelines in California vs. Texas
Probate process timelines can vary widely from case to case and from state to state. Texas and California, for example, provide different considerations with different timelines and different processes to consider.
California
The California probate timeline ranges from about 9 to 18 months from the time that the executor or administrator files for probate, depending on the size, value, and complexity of the estate.
California probate involves steps like:
- Filing for Probate and Appointment of the Executor (1-4 months): Between filing the initial probate petition, scheduling a probate hearing and finding and appointing the executor or administrator, this process takes several months.
- Marshaling and Inventorying Assets (3-6 months): Marshalling and inventorying assets requires identifying where all assets are located, receiving the title to any property and having these assets appraised by a professional appraiser.
- Settling Debts and Soliciting Creditor Claims (3-9 Months): Creditors are given a window to submit claims, which lasts for four months after letters are issued to a personal representative or 60 days after a notice is mailed to the creditor. During this time, the executor must also manage other estate expenses, like filing estate taxes and paying for property taxes or maintenance.
- Distribution of Assets and Finalization of the Estate (6-12 Months): The executor must petition the court to perform the final distribution of assets, distribute assets to beneficiaries, and petition to close the estate. This timeline can be lengthy depending on the time it takes for the court to process the petitions.
Small estate probate processes and options like the Independent Administration of Estates Act may allow for a faster administration by bypassing some of the above steps.
Texas
Meanwhile, the Texas probate timeline is about 6 to 12 months from the time that the executor or administrator files for probate. While the processes are not significantly different compared to a state like California, the steps can take different amounts of time:
- Filing the Probate Application and Appointing the Executor (1-3 months) – Within the first few weeks after the decedent’s passing, the executor must file an Application for Probate and be officially appointed during a court hearing, which can take several weeks to schedule.
- Notifying Beneficiaries and Creditors (3 months) – The Texas Estates Code requires that creditors be notified of the opening of probate within 30 days and beneficiaries be notified within 60 days.
- Marshaling and Inventorying Assets (3 months) – The executor must identify and compile all assets and accounts and obtain an accurate valuation of all assets, which can take time, especially when professional appraisal is necessary.
- Resolving Debts and Taxes (2-4 months) – The executor will need to provide creditors a four-month window to submit claims before resolving those that are valid. During this time, the executor must also pay expenses such as estate property taxes and maintenance costs.
- Distribution of Assets and Closing of the Estate (1-3 months)– At the final stage of probate, the executor can distribute assets to beneficiaries based on the terms of the will and file a final report of the duties they accomplished in their role. The specific timeline will depend on the amount of assets to distribute and the backlog in the courts.
Texas’s option for independent administration can help speed up the probate process compared to other jurisdictions. Allowing the executor or estate administrator to take action without strict court approval for each step can go a long way toward speeding up administration.
Texas also features a Muniment of Title process, outlined in Estates Code Chapter 257, which can allow for resolving probate in a matter of two to four months. This process is available when there is a valid will, the estate doesn’t owe any unsecured debts, the estate is not subject to a Medicaid Recovery Claim and the estate is located in Texas. However, it’s important to note that this process is rarely suitable for complex high-value estates.
Factors That Influence the Probate Timeline
The challenge with probate cases is that the logistics can vary so widely from case to case; while one step may go quickly for one family, it may take months longer for another. The length of a probate timeline will be influenced by all of the following factors.
The Existence of a Will
If probate is guided by a will, it often moves much more quickly, as the will provides clear direction on who should administer the estate and how assets should be distributed. However, if there is no will, the estate will have to follow intestate succession to distribute assets according to the guidelines set by state law, which can take longer. Having to identify an estate representative, locate legal heirs and navigate a greater likelihood of disputes can often double the length of the typical probate process with a will.
Appointment of the Executor or Administrator
If an executor is named in the will, then it conveniently speeds up the process, eliminating any ambiguity about who should petition the court to open probate and seek court approval as the representative. Conversely, if there is no will or no executor named, then an administrator needs to be appointed by the court; this additional step may result in probate delays, especially if competing parties are attempting to be appointed.
Creditor Claims
State law provides a distinct window during which all creditor claims must be submitted and subsequently resolved. If there is a large amount of creditor claims, then it may take time to validate the relevant claims and resolve them all, but for estates with little or no debt, this step may proceed rather quickly.
Disputes
Conflicts like will contests or inheritance disputes are the most common factors that prolong the probate process. If disputes arise, then they can not only delay the estate administration process but also take months or years to resolve. Resolving conflicts through alternative dispute resolution methods like mediation of estate disputes can allow for the estate administration to go faster.
Marshaling and Inventorying Assets
In large or complex estates, it can take considerable time to find all assets, have these assets appraised and obtain the titles for all estate property. This is especially the case when assets are located across multiple jurisdictions or if high-value assets will take time to appraise because a specialized appraisal is necessary.
Complexity of Asset Distribution
Complex assets often have to be managed by the executor or estate administrator before they can be distributed and if illiquid assets such as investments or expensive properties have to be sold in order to be put into liquid form to be distributed to beneficiaries, this will extend the timeline. If a will calls for property to be transferred directly to one beneficiary or simply dividing a bank account between four beneficiaries, it may go quickly, but asset distribution is not always this straightforward.
Final Accounting of the Estate
If this accounting is organized and well managed throughout the probate process, the final accounting can be submitted to the court expeditiously for approval. However, if the executor or administrator did not keep a well-organized accounting, or the estate was highly complex, this finalizing step can take longer. Notably, irrespective of how well the estate is managed, court filings still need to be scheduled and heard by the court. Depending on which court has jurisdiction to consider the matter, the timing for the court to hear that petition can vary significantly, with some courts both taking several weeks to even process filings and then setting the hearing on those matters several months later.
Why High-Net-Worth Estates Take Longer (Non-Litigation Factors)
High-net-worth estates may take longer due to procedural reasons stemming from their complex asset portfolio and high-value assets, which may complicate having to file federal estate taxes, sell illiquid assets, and navigate ancillary probates with assets in multiple jurisdictions.
Complex estates require some of the following considerations:
- Federal Estate Tax Bottleneck – Executors are required to file a Form 706 (commonly known as an “estate tax return”) for estates that exceed the federal estate tax exemption, which can take the IRS as long as 6 to 9 months to receive and process. Because an estate cannot be fully closed until the closing letter is received, this can expand the probate timeline. Additionally, in the event the estate tax return is audited by the IRS, fully resolving the tax side of the administration could be further delayed.
- Illiquid and Complex Assets – Illiquid and complex assets, like investment accounts or highly valuable properties, may take a significant time to sell. For example, it may be more difficult to sell a large estate property, such as a commercial property, than a single-family home.
- Multi-Jurisdictional Probate – If the deceased owned property in multiple states, then you will have to open an ancillary probate in each state where assets were located, which can significantly lengthen the probate timeline, especially in high-net-worth estates where assets are located across international borders.
If your family has a high-net-worth estate, it’s a good idea to consult an attorney who has specific experience with navigating high-value estates and the intricacies involved.
How Litigation and Disputes Extend the Timeline
Litigation and inheritance disputes are among the most common causes of extended estate administration timelines. Litigation and dispute resolution often take many months or even years to address, between scheduling mediation, navigating court processes, and conducting complex discovery/fact gathering, typically stopping estate administration in its tracks until these issues are resolved.
Common types of probate litigation and disputes include:
- Will Contests and Validity Issues – Will contests are legal challenges to the validity of a will, freezing estate administration until it can be confirmed that the correct document is being used to guide estate administration. Contesting a will often takes anywhere from one to three years to resolve.
- Fiduciary Removal Proceedings – Beneficiaries may raise a lawsuit against an executor or estate administrator if they believe they have breached their fiduciary duty, which can take a few years to file a petition with the court, gather evidence of wrongdoing, have an evidentiary hearing in court to evaluate that evidence, and, if necessary, appoint a temporary administrator.
- Creditor Disputes – Disputes around creditor claims can range from minor disputes over a small credit card debt to more significant ones, like a pending business lawsuit against the deceased at the time of their death.
Can You Speed Up the Probate Process?
You may be able to speed up the probate process in some cases by remaining organized and efficient, seeking the support of an experienced attorney and leveraging simplified court procedures when available to you, depending on your circumstances.
An organized executor with the support of an experienced attorney understands that the necessary procedures can make a significant difference in advancing the probate process more quickly. Actions like quickly resolving creditor claims as they come in, marshalling assets, or notifying creditors shortly after being appointed the executor, rather than waiting until just before the deadline, can all allow estate administration to proceed faster.
Meanwhile, small estate or simplified court procedures can be used to speed up the process in both California and Texas, depending on whether this option is available for your estate.
In California, the Independent Administration of Estates Act empowers the executor to sell assets and approve actions without requiring a court hearing, which allows these actions to proceed much more quickly, rather than having to wait for court approval for each step. To enact the IAEA, executors will need to request full authority when filing the Petition for Probate (Form DE-111).
In Texas, interested parties may opt to pursue independent administration rather than dependent administration. Under independent administration, the process is often faster and cheaper and requires minimal court intervention, compared to dependent administration, which requires court approval for almost every transaction. The will may explicitly mention a request for independent administration, or all beneficiaries can agree to approve a quicker independent administration.
Estate representatives may be able to mitigate delays caused by court procedures by obtaining proactive consent from beneficiaries. If all beneficiaries trust the executor or estate administrator and agree to provide consent for their actions, they can save valuable time by not having to send notice for every significant action. If all beneficiaries are cooperative and sign waivers to accountings or consents to action forms, they may be able to streamline the process by bypassing many procedures that would typically require notice periods and court hearings.
When to Contact a Probate Litigation Attorney
You should contact a probate litigation attorney as soon as you believe there is a reason to suspect that the probate process is taking longer than it should. Whether it’s an executor failing to uphold their duty to properly administer the estate or an inheritance dispute that risks causing lengthy process delays, a probate litigation attorney can help you look into the issue and seek a resolution as soon as possible.
Consider the following benchmarks for contacting an attorney:
- “Stalled” Probate – If you find that an estate has been open for 2 or more years with no explanation or communication from the executor, you may find that litigation is necessary to compel the estate representative to act.
- Red Flags – Actions like an executor failing to make progress on probate, lacking communication, or failing to provide an estate accountanting, could all be signs that they are either acting with negligence or abusing their position, ultimately delaying the administration of the estate.
- Possible Disputes – If potential disputes arise, the support of a probate litigation attorney can be beneficial for helping to bring a resolution to such disputes as soon as possible.
Experienced probate estate litigation attorneys, like those at RMO, can help to bring about a resolution as soon as possible. Attorneys can either step in to help remove bad actors from the executor role or defend them against potentially meritless claims to resolve the dispute as soon as possible so that the process can proceed as normal and beneficiaries can expect reasonable progress.
Navigate the Probate Process With RMO
While the probate process timeline may range anywhere from 6 months to over a year, the process ultimately depends on factors like the size and complexity of the estate and whether any disputes arise. A probate estate litigation attorney can often help you resolve any issues so that the process can continue as soon as possible without delay.
For support in navigating the probate process and achieving a positive outcome as soon as possible, turn to the probate attorneys at RMO Lawyers. Our attorneys have decades of experience in navigating probate disputes, equipping us with the tools and knowledge to bring about a resolution to your case so you can move on with life sooner.
Schedule a consultation with the attorneys at RMO Lawyers to learn more about how we can help.
Frequently Asked Questions
There is no explicit deadline for executors and estate administrators to close probate in California, but the court does expect executors to act within a reasonable timeline. Simple estates are typically resolved within 18 months, while complex estates are normally resolved within 24 months. If the executor or administrator has failed to navigate their duties and complete probate with no valid reason for delaying the process, then beneficiaries or interested parties may be able to raise a claim that the executor or administrator is breaching their fiduciary duty. Additionally, there are periodic “check ups” by the Court, where the judge will expect to receive status updates on how the administration process is developing, affording an opportunity to press the issue if the administration has stalled.
Yes, a revocable trust avoids probate timelines because it is not subject to probate, with an exception. Instead of probate, a trust is placed into the trust administration process by a trustee, which features its own timelines for actions such as resolving debts, paying expenses and distributing assets, which are often outlined in the instructions included in the trust instrument. However, if a trust creator also has assets held outside of a trust, then that portion of their estate will still need to pass through probate in order to be distributed and resolved. Additionally, if there are claims that may be available to others against the decedent or available to the decedent against others, it may be necessary to initiate the probate process to have those claims litigated, even if the decedent passed away with a valid trust in place.
Your inheritance may take longer than the 4-month creditor period because there are still responsibilities for an executor to handle after resolving creditor claims before asset distribution, such as finalizing the estate accounting, preparing assets for distribution (e.g, selling investments or selling estate property), and petitioning the probate court for the final distribution of assets.
However, in some cases, lengthy delays may be the result of inaction by the executor or estate administrator. If you suspect that your inheritance is taking longer due to negligence or inaction, you should contact a probate litigation attorney as soon as possible.
Yes, an executor can be penalized for taking too long to settle an estate if they are acting with negligence or failing to uphold their duties to the estate. The court will review the circumstances and any available evidence, such as an estate accounting, to assess whether an executor or estate administrator is fulfilling their duties. A common form of penalty for unexcused delay may include the denial or reduction of an executor’s compensation. However, if the executor is demonstrating that they are upholding their duty, then the court may not impose any specific penalties.
While there is no standard timeframe for a will contest, a legal contest can significantly delay the probate process by a few months to a few years. Ultimately, however, how much a will contest delays the probate process depends on factors such as the level of evidence gathering needed to support the contest, whether the contest can be resolved sooner through mediation, and the court’s availability.
If the executor dies during the probate process, they will either be replaced if there is an alternate executor named in the will, or the court will appoint a new estate administrator. Just as the original executor was, the new executor or estate administrator will need to be approved and appointed by the court. Having to navigate these steps in the courts will, of course, take time, extending the probate timeline further, though having an alternate executor named in the will is advised to make this process go faster.
Yes, after a person dies in Texas, one must file an application for probate within four years from the date of death. There are some exceptions to this rule, but the executor of the will is expected to file for probate as soon as possible. If this deadline is not met, then they may have the right to file a muniment of title when an estate is eligible.
Glossary
Estate Administrator – An individual appointed by a probate court to manage and administer an estate when there is no will naming an executor, the named executor is deceased or otherwise cannot serve, including because they are disqualified or were suspended or removed.
Executor – An individual appointed by a probate court who is responsible for managing and administering an estate and is named as executor in the decedent’s will.
Personal Representative – An overarching term for a person who is responsible for administering an estate, encompassing the role of executors, administrators, and trustees.
Will Contest – A petition filed with the court to question the validity of a deceased individual’s will.
The post How Long Does the Probate Process Take? Factors That Affect Timeline appeared first on RMO Lawyers.
