Probate Timeline by State — How Long Does Probate Take in Every State?
A comprehensive index of probate timelines, creditor periods, and court structures across all 50 states. Updated 2025.
How long does probate take? State-by-state index
Probate timelines vary dramatically from state to state. The minimum timeline in any state is determined by the creditor claim period — the time creditors have to file claims against the estate. Beyond that, court workload, estate complexity, tax filings, and whether disputes arise all affect the final duration. This index compiles probate timelines for all 50 states based on published statutes and typical court experience.
If you are waiting on an inheritance and cannot wait for probate to close, a probate advance from First Heritage Funding can get you funds in as little as 48 hours while the estate is still open.
| State | Creditor Period | Typical Simple Estate | Complex Estate | UPC State? |
|---|---|---|---|---|
| Alabama | 6 months | 6–12 months | 12–24 months | No |
| Alaska | 4 months | 6–12 months | 12–24 months | Yes |
| Arizona | 4 months | 6–12 months | 12–18 months | Yes |
| Arkansas | 3 months | 6–12 months | 12–24 months | No |
| California | 4 months | 9–18 months | 18–36+ months | No |
| Colorado | 4 months | 6–12 months | 12–24 months | Yes |
| Connecticut | 5 months | 12–18 months | 18–30 months | No |
| Delaware | 8 months | 9–18 months | 18–36 months | No |
| Florida | 3 months | 9–18 months | 18–36+ months | No |
| Georgia | 3 months | 6–12 months | 12–24 months | No |
| Hawaii | 4 months | 9–18 months | 18–30 months | Yes |
| Idaho | 4 months | 5–12 months | 12–24 months | Yes |
| Illinois | 6 months | 9–18 months | 18–36 months | No |
| Indiana | 3 months | 6–12 months | 12–24 months | No |
| Iowa | 4 months | 6–12 months | 12–24 months | No |
| Kansas | 4 months | 6–12 months | 12–24 months | No |
| Kentucky | 6 months | 6–12 months | 12–24 months | No |
| Louisiana | 3 months | 6–18 months | 18–36 months | No |
| Maine | 4 months | 6–12 months | 12–24 months | Yes |
| Maryland | 6 months | 9–18 months | 18–36 months | No |
| Massachusetts | 1 year | 12–18 months | 18–36+ months | No |
| Michigan | 4 months | 6–12 months | 12–24 months | Yes |
| Minnesota | 4 months | 6–12 months | 12–24 months | Yes |
| Mississippi | 90 days | 6–12 months | 12–24 months | No |
| Missouri | 6 months | 9–18 months | 18–36 months | No |
| Montana | 4 months | 5–12 months | 12–24 months | Yes |
| Nebraska | 2 months | 5–12 months | 12–24 months | Yes |
| Nevada | 90 days | 6–12 months | 12–24 months | No |
| New Hampshire | 6 months | 6–12 months | 12–24 months | No |
| New Jersey | 9 months | 12–18 months | 18–36 months | No |
| New Mexico | 4 months | 6–12 months | 12–24 months | Yes |
| New York | 7 months | 12–24 months | 24–48+ months | No |
| North Carolina | 3 months | 6–12 months | 12–24 months | No |
| North Dakota | 3 months | 5–12 months | 12–24 months | Yes |
| Ohio | 6 months | 9–18 months | 18–30 months | No |
| Oklahoma | 2 months | 6–12 months | 12–24 months | No |
| Oregon | 4 months | 6–12 months | 12–18 months | No |
| Pennsylvania | 1 year | 12–18 months | 18–36 months | No |
| Rhode Island | 6 months | 9–18 months | 18–30 months | No |
| South Carolina | 8 months | 9–18 months | 18–30 months | Yes |
| South Dakota | 4 months | 5–12 months | 12–24 months | Yes |
| Tennessee | 4 months | 6–12 months | 12–24 months | No |
| Texas | 4 months | 6–12 months | 12–24 months | No |
| Utah | 3 months | 5–12 months | 12–24 months | Yes |
| Vermont | 4 months | 6–12 months | 12–24 months | No |
| Virginia | 6 months | 9–18 months | 18–36 months | No |
| Washington | 4 months | 6–12 months | 12–24 months | No |
| West Virginia | 3 months | 6–12 months | 12–24 months | No |
| Wisconsin | 3 months | 6–12 months | 12–24 months | No |
| Wyoming | 3 months | 5–12 months | 12–24 months | Yes |
What drives probate timelines?
Creditor claim periods are the single biggest driver of minimum probate timelines. These are mandatory waiting periods required by law — even if the estate is simple and uncontested, the estate cannot close until the creditor period expires. West Virginia (3 months) and Nebraska (2 months) have some of the shortest. Massachusetts and Pennsylvania both allow creditors a full year.
State estate taxes add significant time to the timeline in states that impose them. After the creditor period closes, estates in Massachusetts, New York, Oregon, Hawaii, and others must file a state estate tax return and obtain clearance from the state tax authority before distributing assets. This clearance process alone can take 6–12 additional months.
Court workload varies significantly. Los Angeles County's probate court — one of the busiest in the country — may take 18–24 months for a routine estate simply due to case volume. Rural courts in the same state may process the same estate in 9–12 months.
Uniform Probate Code (UPC) states generally have more streamlined probate, with options for informal administration without court hearings. This can reduce timelines and costs. Non-UPC states typically require more court involvement.
Estate complexity — real property in multiple states (requiring ancillary probate), business interests, disputes among heirs, contested wills, or hard-to-value assets — can extend any estate well beyond typical timelines.
What can you do while waiting for probate to close?
If you are an heir waiting on an inheritance, a probate advance (also called an inheritance advance) allows you to access a portion of your expected inheritance now, while the estate is still in probate. The advance is repaid from the estate when probate closes — there are no monthly payments, no credit check, and no personal liability if the estate does not produce enough.
First Heritage Funding serves heirs in 47 states. Apply for a free, no-obligation quote or call (800) 617-7260.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by your use of this website or by any communication with First Heritage Funding or its employees. Although members of our team are licensed attorneys, First Heritage Funding is an inheritance advance company, not a law firm, and does not provide legal representation or legal services. Nothing on this website should be relied upon as a substitute for professional legal or financial counsel. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. You should not act or refrain from acting based on information on this site without first consulting a qualified attorney or financial advisor in your jurisdiction.
Probate Timeline FAQ
States with short creditor periods and UPC adoption tend to have the fastest probate. West Virginia (3-month creditor period), Nebraska (2 months), and Oklahoma (2 months) have some of the shortest mandatory waiting periods. Combined with UPC informal administration, states like Montana, North Dakota, and Wyoming can often close simple estates in 5-8 months.
New York and Pennsylvania are typically the slowest, with creditor periods of 7 months and 1 year respectively. Combine that with high estate tax in New York and the sheer volume of the New York Surrogate's Courts, and New York estates routinely take 2-4 years for complex estates.
The Uniform Probate Code (UPC) is a model probate law created in 1969 and adopted (in some form) by about 18 states. UPC states allow 'informal' probate administered by a registrar without court hearings for most estates. This is generally faster and less expensive than formal supervised probate. Non-UPC states require more court involvement for each step.
Yes — directly. The estate cannot distribute assets to heirs until the creditor period expires and all valid claims are paid. Even in a simple estate with no creditors, the estate must wait for the full creditor period before distributing. If Massachusetts allows creditors 1 year and your estate is in Massachusetts, you will wait at least 1 year regardless of how simple the estate is.
Yes. An inheritance advance from First Heritage Funding can get you a portion of your expected inheritance within 48 hours of approval — while the estate is still in probate and regardless of how long the creditor period is. There is no credit check, no monthly payments, and no personal liability. Apply for a free quote or call (800) 617-7260.
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