Probating a Will is a court process that includes determining if a valid Will exists, inventorying assets and property belonging to the estate, taking care of the decedent’s financial liabilities, and identifying heirs and beneficiaries. Once all financial liabilities have been satisfied, and no claims have been submitted against the estate, the remaining property and assets can be distributed.

Because this is an intensive process, probating a Will can take time. For example, in California probate law states that the executor or personal representative must complete probate within one year of the date of their appointment. However, there are certain exceptions. For instance, a personal representative may file for an extension if they experience reasonable delays. They are granted 18 months to complete probate if federal estate taxes are filed. Learn more about how the probate process works by state.

A personal representative of an estate is given a set amount of time to probate a Will. This time frame is defined by state laws. However, the actual amount of time it takes for a Will to pass through probate can be much shorter or longer due to a variety of factors. For instance, in California, the probate process can take as little as nine months and take as long as two years or more. A personal representative may experience valid delays for reasons outside of their control. In this case, they may file for extensions with their respective probate court. The probate court itself may also experience administrative delays. Read our guide on the average probate process timeline to learn more.

There are several factors that could potentially cause delays in the probate process. Some are court-related delays that are unrelated to the estate. For instance, the COVID-19 pandemic led to shutdowns and delays that added months to the probate process in many states. There are also estate-specific scenarios that could potentially impede individual timelines. For instance, conflict between beneficiaries could arise. Claims, infighting and lawsuits can delay the process. Problems with assets, such as difficulty organizing and identifying assets or assets belonging to more than one state can create complications. Last but not least, the filing and payment of a variety of applicable taxes can eat up the timeline.

A Will must be filed for probate shortly following the death of its testator (the person who created the Will.) The exact time frame can vary from state to state, but is typically about a month. In California, a personal representative of the estate (typically the nominated executor) has 30 days to file a Will for probate following the person’s death. If the personal representative doesn’t file the Will with the required timeframe, then they are waiving their right to be appointed executor. Read our article on how long you have to file probate after death to learn more.

Assets that must pass through probate include any financial asset, personal property, or real estate that the decedent owned in their name at the time of passing. These are called probate assets. There are some exceptions, called non probate assets, that do not have to pass through probate. Common examples include assets and accounts with beneficiary designations, assets and property that were transferred into a Trust (and are thus owned by the Trust and not the decedent), and certain types of property with payable-on-death or survivorship rights attached to them. Understanding the differences between probate and non probate assets is a critical piece to preparing for the probate process. We explain this in detail here.