How Long Does Probate Take? State-by-State Timeline (2026)
Probate in the US averages 9 to 24 months — but the actual time varies widely by state. Here’s a state-by-state breakdown, the five biggest reasons probate stalls, and how to access your inheritance now instead of waiting.
National Probate Average
According to industry estimates, the typical probate case in the United States takes 9 to 24 months to fully close. Simple, uncontested estates can finish in 6 months. Complex estates — with real estate, business interests, or family disputes — can stretch to 3 years or longer.
Why so long? Probate is a multi-step legal process: filing the will, appointing an executor, notifying creditors, paying debts and taxes, inventorying assets, settling disputes, and finally distributing what’s left to heirs. Each step requires court approval and usually has a built-in waiting period.
Probate Timeline by State (2026)
Below are industry-estimated probate timelines for all 50 states. These are averages — your specific case may move faster or slower based on the will, the assets, and any disputes.
| State | Minimum | Average | Maximum (complex) |
|---|---|---|---|
| Alabama | 6 mo | 9–12 mo | 24 mo |
| Alaska | 4 mo | 6–9 mo | 18 mo |
| Arizona | 5 mo | 8–12 mo | 24 mo |
| Arkansas | 6 mo | 9–12 mo | 24 mo |
| California | 9 mo | 12–18 mo | 24+ mo |
| Colorado | 6 mo | 9–12 mo | 24 mo |
| Connecticut | 6 mo | 9–12 mo | 24 mo |
| Delaware | 8 mo | 12 mo | 24 mo |
| Florida | 6 mo | 9–12 mo | 24 mo |
| Georgia | 6 mo | 9–12 mo | 18 mo |
| Hawaii | 8 mo | 12–15 mo | 24 mo |
| Idaho | 5 mo | 8–10 mo | 18 mo |
| Illinois | 6 mo | 12 mo | 24 mo |
| Indiana | 6 mo | 9–12 mo | 24 mo |
| Iowa | 6 mo | 9–12 mo | 24 mo |
| Kansas | 6 mo | 9–12 mo | 18 mo |
| Kentucky | 6 mo | 9–12 mo | 24 mo |
| Louisiana | 6 mo | 9–15 mo | 24+ mo |
| Maine | 6 mo | 9–12 mo | 18 mo |
| Maryland | 6 mo | 9–12 mo | 24 mo |
| Massachusetts | 9 mo | 12–18 mo | 24+ mo |
| Michigan | 5 mo | 7–10 mo | 18 mo |
| Minnesota | 6 mo | 9–12 mo | 18 mo |
| Mississippi | 6 mo | 9–12 mo | 24 mo |
| Missouri | 6 mo | 9–12 mo | 24 mo |
| Montana | 5 mo | 6–9 mo | 18 mo |
| Nebraska | 6 mo | 9–12 mo | 18 mo |
| Nevada | 6 mo | 9–12 mo | 24 mo |
| New Hampshire | 6 mo | 9–12 mo | 18 mo |
| New Jersey | 9 mo | 12–18 mo | 24 mo |
| New Mexico | 6 mo | 9–12 mo | 18 mo |
| New York | 9 mo | 12–18 mo | 24+ mo |
| North Carolina | 6 mo | 9–12 mo | 18 mo |
| North Dakota | 6 mo | 9–12 mo | 18 mo |
| Ohio | 6 mo | 9–12 mo | 24 mo |
| Oklahoma | 6 mo | 9–12 mo | 18 mo |
| Oregon | 6 mo | 9–12 mo | 18 mo |
| Pennsylvania | 9 mo | 12–18 mo | 24+ mo |
| Rhode Island | 6 mo | 9–12 mo | 18 mo |
| South Carolina | 8 mo | 12 mo | 24 mo |
| South Dakota | 6 mo | 9–12 mo | 18 mo |
| Tennessee | 4 mo | 6–9 mo | 18 mo |
| Texas | 3 mo | 6–9 mo | 18 mo |
| Utah | 5 mo | 7–10 mo | 18 mo |
| Vermont | 6 mo | 9–12 mo | 18 mo |
| Virginia | 6 mo | 9–12 mo | 18 mo |
| Washington | 4 mo | 6–9 mo | 18 mo |
| West Virginia | 6 mo | 9–12 mo | 18 mo |
| Wisconsin | 6 mo | 9–12 mo | 18 mo |
| Wyoming | 6 mo | 9–12 mo | 18 mo |
Source: industry estimates compiled from probate court averages and estate-planning publications. Your case may vary based on state procedures, will validity, and asset complexity.
5 Things That Slow Probate Down
- 1. Contested wills. If any heir or potential heir challenges the will, probate can pause for months or years while the dispute is resolved.
- 2. Real estate that must be sold. Selling property — finding a buyer, closing, clearing title — easily adds 6–12 months.
- 3. Creditor claim periods. Every state requires a creditor notification window, typically 3–6 months, during which estate funds cannot be distributed.
- 4. Missing or incomplete documents. Lost wills, missing beneficiaries, unclear deeds — paperwork problems are the #1 cause of avoidable delays.
- 5. Court backlog. Probate courts in major metros (Los Angeles, New York, Chicago, Cook County, Miami-Dade) can have 6–12 month scheduling backlogs.
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Frequently Asked Questions
What’s the shortest probate in the country?
Texas can close uncontested probates in as little as 3–6 months because it allows “independent administration” that minimizes court oversight. Most other states average 9–12 months.
What’s the longest?
California, New York, New Jersey, Massachusetts, and Pennsylvania are typically the slowest — often 12–18 months even for uncomplicated estates, and 24+ months when real estate or disputes are involved.
Can I get an inheritance advance if probate is still pending?
Yes — this is exactly when most heirs use an advance. As long as the estate has begun the probate process and you’re a verified heir, you can apply.
What if I’m in a state with fast probate — should I still consider an advance?
If you can comfortably wait 3–6 months, you may not need one. But many heirs in fast-probate states still use an advance to cover funeral costs, property upkeep, or immediate bills.
Will the advance speed up probate?
No — but it removes the financial pressure of waiting. Probate moves on the court’s timeline. The advance moves on yours.
What documents do I need to apply?
Photo ID, the will (if available), the death certificate, and the probate case number or initial filing. We handle the rest with the executor or attorney.
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