When a loved one passes away, the last thing a grieving family wants is a legal delay. But for many families, especially those without a will or estate plan, probate timelines can stretch for months—or even years. This process can impact access to money, property, and peace of mind.
If you’ve ever asked, “Can my family afford to wait through probate?”, you’re not alone. Let’s walk through what probate is, how long it typically takes, and what steps you can take now to protect your loved ones later.
What Is Probate and Why Does It Matter?
Probate is the legal process of settling a person’s estate after death. It includes:
- Validating the will (if there is one)
- Paying debts and taxes
- Distributing remaining assets to heirs
Without proper planning, probate can become costly, stressful, and slow, especially for families who need quick access to housing or financial support.
How Long Does Probate Take?
Typical Timeline:
- 3–6 months if the estate is small and well-prepared
- 6–12 months for more complex estates or when there’s no will
- 12+ months if there are disputes, debts, or missing paperwork
The longer probate takes, the more stress it can place on families, especially those needing access to a home, insurance payouts, or inherited income.
What Delays the Probate Process?
1. No Will or Incomplete Estate Plan
If your loved one died intestate (without a will), the court must determine how assets are distributed based on state law.
2. Disagreements Between Family Members
Family conflict can cause serious delays. Mediation or court intervention may be needed.
3. Unpaid Debts and Taxes
Probate cannot close until all debts, taxes, and claims are resolved.
4. Out-of-State Property or Heirs
Managing assets in multiple states may require separate probate cases (called ancillary probate).
Why This Matters for Underserved Families
For many families—especially those without generational wealth—probate delays can block access to critical resources. Imagine being locked out of your parents’ home or waiting months for life insurance to be paid out.
Without proactive planning, your family could face housing instability, unpaid bills, and emotional hardship.
How to Prepare Now: Steps You Can Take
Talk With Loved Ones
Start conversations about their wishes and where important documents are kept.
Create or Update a Will
Make sure it’s signed, dated, and stored safely.
Consider a Living Trust
This tool can transfer assets without going through probate.
Seek Free or Low-Cost Legal Help
Local nonprofits and HUD-approved housing counselors can help families plan.
Call to Action: Let’s Prepare Together
Don’t wait until it’s too late. At B’resheet, we provide free estate planning education and compassionate guidance so you can protect your family and community.
📩 Contact us today to schedule a free workshop or 1-on-1 planning session.
📘 Or download our free “Probate Planning Checklist” to get started.
Frequently Asked Questions
How can I avoid probate delays?
Start estate planning early. A living trust, named beneficiaries, and clear instructions can help skip or shorten probate.
Is probate always required?
Not always. Small estates (depending on your state) may qualify for simplified probate or affidavit processes. Check your state’s court website for local rules.
Who pays for probate?
Probate costs (court fees, attorney fees, etc.) are paid out of the estate—not your funds—before any inheritance is distributed.
What happens if my family can’t afford probate costs?
Probate fees come out of the estate. If funds are limited, you can request fee waivers or seek nonprofit legal support.
Does having a will avoid probate?
Not always. A will still goes through probate, but it can make the process smoother and faster.
Can probate be done without a lawyer?
In simple cases, yes. But for larger or contested estates, legal help is often needed to avoid mistakes.
How do I find out if probate has started for a loved one?
Check with your local probate court or search public probate records online.