Probate can be a long and difficult path to follow. One of the main things that can aid you on your journey is to have a detailed timeline letting you know what's next in the probate process. This will allow you to keep track of what has been taken care of and what are the next steps. As you can see by the timeline below, the entire process can take up to 18 months to complete. Unless a living trust was created, you will need a lawyer who understands the process. If you have real property you will be selling, this will require an estate sales expert. If there is real estate involved, you will need a REALTOR® who is familiar with the probate process as it applies to real estate and that has a probate designation such as a CPRES (Certified Probate Real Estate Specialist). If you will be fixing up a property to get the maximum value from the home you will need contractors to get the home to showing condition.
A petitioners job is not easy. In addition to keeping track of all of the things required to complete the process, you will have the added pressure of relatives and others that are waiting to get their share of the inheritance. This timeline will help keep you on track and will help aid you by providing a map of the probate process.
The Probate Timeline
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Prepare and File Petition for Probate |
1-2 months |
|
Court hearing on the Petition for Probate |
2-3 months |
|
The following are issued: Letters of Administration, Orders for Probate, Duties and Liabilities, Issue Bond (if ordered), & **Letters Testamentary ** |
2-4 months (if not contested) |
|
Notice to Creditors |
2-4 months |
|
Notice to Department of Health Services Inventory & Appraisement |
4-8 months |
|
Pay State and Federal Taxes (if necessary) |
6-12 months |
|
Allow or Reject Creditor Claims |
|
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Possible Preliminary Distributions |
|
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Notice to Department of Health Services (if deceased received medical) |
|
|
Notice to Franchise Tax Board (if heir is out of state) |
|
|
Claim of Exemption (if assets transfer to a minor) |
6-15 months |
|
Receive Final Tax Letter from State and Federal (if appropriate) |
6-18 months |
|
File Petition for Final Distribution and Accounting |
8-16 months |
|
Hearing on Petition for final Distribution and Accounting |
|
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Order Approving Final Distribution and Accounting |
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Distribution of Assets to Heirs |
9-17 months |
|
Final Discharge Order (indicates close of probate case) |
9-18 months |
|
Final Distribution of Funds |
9-18 months |
