How long is the process in probate court for someone who didn’t leave a will or power of attorney? 31 Answers as of February 06, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Taylor Law Office L.L.C.
The Taylor Law Office L.L.C. | Ian A. Taylor
Probate for a deceased individual when there isn't a will, in SC, technically takes 8 months. Usually, it takes a year or so because of the filings required, reliance on other parties and the court approval.
Answer Applies to: South Carolina
Replied: 2/6/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
It depends on your attorney and how fast they file everything and how much assets are being distributed,, but normally it can run on the average from 6 to 12 months.
Answer Applies to: New York
Replied: 1/31/2013
Hamblin Law Office | Sally Hamblin
A power of attorney terminates upon death, so no process. Dying without a will depends on the amount of assets.
Answer Applies to: Michigan
Replied: 1/31/2013
Richard J. Keyes Attorney at Law | Richard J. Keyes
In Missouri, if the decedent had greater than $40,000 in assets in the decedent's name only at death, then after opening up the probate estate, there is a six months claims period for creditors to file claims against the estate. If no claims are filed, the estate could be closed out within a month. If the assets are less than $40,000, there is the small estate affidavit which greatly speeds up the estate and there is no six months claim period.
Answer Applies to: Missouri
Replied: 1/30/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Depends on the amount and type of assets to be divided and to whom and whether there are any arguments as to distribution, and whether property has to be disposed during the course of the probate, but figure eighteen months to two years or more.
Answer Applies to: California
Replied: 1/29/2013
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    You should contact an attorney after making an inventory list of all of the assets and estimated values, all of the decedent's debts, and any co-debtors on the debts. Just because a person dies does not mean that an Estate must be opened in probate court. If the decedent passed all assets by making ownership joint and survivor ( or payable on death, or transferred to a Trust) pre-death, there may be no need to open an estate. If there are a lot of debts, but no probate assets the creditors of the decedent cannot collect against surviving family or heirs, unless the survivor(s) specifically co-signed the debt in question. If there are some probate assets, but not enough to pay claims (after the priority claims are paid, such as surviving spouse and children to a set amount in the State's statute of descent and distribution), then the Administrator of the Estate can after appointment by Probate Court file a notice of Insolvency.
    Answer Applies to: Ohio
    Replied: 1/30/2013
    Frederick & Frederick PLC | James P Frederick
    A power of attorney is irrelevant in probate court. Whether or not there was a Will, the process is at LEAST six months, in Michigan. Having a Will or not does not affect the timeline for administration of the estate.
    Answer Applies to: Michigan
    Replied: 1/29/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    That really would depend on how large the estate is actually. For a small estate, In theory the process can be over in a little over three months. If the person has been deceased less than 2 years, the courts require that you publish for unknown creditors and give them 90 days to respond to the advertisement. After all the creditors are paid, distribution of assets to heirs, attorneys and accountants (if one is needed) are paid then virtually the estate can be closed. All of this is contingent on there being no objections to anything or anyone during the process. However if we're talking about an estate that consists of more than a homestead and a car the process could be much longer. Also the power of attorney does not come into play because if there was a POA it dies with the person.
    Answer Applies to: Florida
    Replied: 1/29/2013
    April R. Fletcher, PLC | April R. Fletcher
    The length of time necessary to complete the administration of an intestate estate (the estate of a person who died without a will) varies depending on the numbers and types of assets the person owned and the number of heirs who will inherit the assets.
    Answer Applies to: Virginia
    Replied: 1/29/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Probate in Oregon is usually between 6 and 9 months depending on the assets and claims in the estate.
    Answer Applies to: Oregon
    Replied: 1/29/2013
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    The probate process could likely take up to a year to 3 years. It is extended if a family member contest anything.
    Answer Applies to: Massachusetts
    Replied: 1/29/2013
    James Law Group
    James Law Group | Christine James
    In CA if you have an attorney who meets deadlines and there are no contests or difficult property situations, probate will take approximately 6 months.
    Answer Applies to: California
    Replied: 1/28/2013
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    About a year, sometimes longer depending on any other issues related to the estate.
    Answer Applies to: California
    Replied: 1/28/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The administration of the estate will take not less than six months (there is a period of four months for creditors to present claims). It can last longer, and often will if there is real property which must be sold.
    Answer Applies to: Oregon
    Replied: 1/28/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    A power of attorney is invalid when someone dies so the only document that relates to Probate is the Will. If there is not a will, the process can take as little as a month to several years depending on the nature of the assets.
    Answer Applies to: Michigan
    Replied: 1/28/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    From the date a notice to creditors is published, there is a four month period in which creditors can file claims. The estate cannot be closed before the expiration of the four months.
    Answer Applies to: Michigan
    Replied: 1/28/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    First, a power of attorney terminates upon the death of the individual who gave the power of attorney to his/her agent. Second, probate is required whether a person dies with or without a will, if the total value of the estate is over $150,000.00. The length of the probate process depends upon whether real property needs to be sold, whether there is any litigation between the estate and other parties or other parties versus the estate, payment of debts including all taxes and any other situation that may arise from administering the estate. The estate must remain open a minimum of four months after letters of testamentary or letters of administration have been issued to the personal representative. This allows any and all creditors an opportunity to present a creditor's claim to the estate for payment. After the four month period for creditor's claims has expired and the estate is in a condition to be closed, the personal representative may petition the court to close the estate.
    Answer Applies to: California
    Replied: 1/28/2013
    Gates' Law, PLLC | Thomas E. Gates
    A power of attorney is no longer valid since the individual died. More information is needed to understand the complexity of the estate before an answer can be given.
    Answer Applies to: Washington
    Replied: 1/28/2013
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    The process depends on additional factors, such as, the potential heirs and the property owned by the deceased. You should discuss this with an attorney who would be able to give you an estimate on the time based on the specific facts of the matter.
    Answer Applies to: Utah
    Replied: 1/28/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    The timing of a probate with or without a Will are the same,. The issue is the size of the estate and whether issues with assets or creditors exist. Also a power of attorney dies with the maker, so even if there was a power of attorney, it is of no effect upon death. It terminates. You should speak with a probate attorney to determine the options and timing. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 1/28/2013
    Durham Jones & Pinegar | Erven Nelson
    That depends on the amount of money involved and the number of creditors and heirs. In a small estate in Nevada, it can be handled in a couple of months.
    Answer Applies to: Nevada
    Replied: 1/28/2013
    Norman Reitz | Norman Reitz
    Typically the probate process in California takes 6 to 9 months, longer if there is a contest.
    Answer Applies to: California
    Replied: 1/28/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Power of attorney does not matter, it is void once someone dies. Same length for someone with Will as without. Three months after you open the Estate, the inventory is due and 1 year after you open the Estate the First and Final Account is due. You can close sooner but I do not recommend because there is an 8-month creditor claim period and if a debt is due and Executor disburses estate they can be legally liable for the debt.
    Answer Applies to: Delaware
    Replied: 1/28/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Around 9-12 months.
    Answer Applies to: Connecticut
    Replied: 1/28/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    At least 6 months, but it can be a lot more.
    Answer Applies to: Illinois
    Replied: 1/28/2013
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    A full probate in California is 7 months minimum. There are shorter versions, if the assets are under $150,000, and those typically can be resolved within 2 months. Probate is a good thing to avoid but if it can not be avoided the sooner you start the sooner you finish!
    Answer Applies to: California
    Replied: 1/28/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    16-24 months. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 1/28/2013
    Huddleston Law Group, LPA | C L Huddleston
    That is an unanswerable question. It depends on both the assets and liabilities of the estate (not only how much, but what type), how many heirs there are, whether they get along or fight. Small estate administration without real estate can potentially be finished in as little as a couple of months, but full administration with creditors, complicated assets such as businesses or real estate and an estate tax return can take a year or more.
    Answer Applies to: Ohio
    Replied: 1/28/2013
    Law Offices of Henry Repay
    Law Offices of Henry Repay | Henry Repay
    If efficiently handled and no disputes, most cases take just under one year in Illinois. If more involved or issues arise, then much longer.
    Answer Applies to: Illinois
    Replied: 1/28/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Depends whether you can do a small estate probate or a normal probate. A normal probate will take at least about 5 to 6 months.
    Answer Applies to: Michigan
    Replied: 1/28/2013
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney