How Long Does the Probate Process Take?

After someone passes away, their estate goes through a legal process called probate. This process is necessary to ensure that the deceased person’s wishes are carried out and that all of their assets are distributed fairly. Many people have questions about probate, including how long the process will take. This depends on several factors, which we will discuss in this blog post.

If you want to make sure that your loved ones don’t have to go through a long and difficult probate process after you die, it is important to have an experienced probate lawyer like Attorney Robert Fricker of Fricker Law on your side. We can help you put in place measures that will make the probate process much smoother for your loved ones. Learn more about our probate services and contact us today.

Understanding Probate

To put it simply, probate is  the legal process of settling someone’s estate after they die. This process is overseen by a probate court, and it involves inventorying the deceased person’s assets, paying any debts and taxes that are owed, and distributing the remaining assets to the beneficiaries.

Probate is necessary to ensure that the deceased person’s assets are distributed according to their will or, if they died without a will, according to the laws of the state. The goal of the probate process is to protect the wishes of the deceased and the rights of their beneficiaries. If you don’t take certain measures to protect your estate and beneficiaries, the probate process can be long and complicated. That’s why it’s so important to consult an experienced probate lawyer like Attorney Robert Fricker when planning for the future of your estate.

How Long Does Probate Take?

The answer to this question depends on several factors. In some cases, the probate process can be over within a few months. In other cases, it can take a couple of years. Every estate is different so, while the information below is generally applicable to most estates, it’s important to contact a probate attorney with questions about your estate.

Some of the factors that can affect how long the probate process will take include:

The size of the estate: A larger estate is more likely to take longer to go through probate than a smaller estate. This is because there are typically more assets to inventory and distribute. However, not all assets contained within an estate are subject to probate, and if the deceased held certain assets in trust, they will likely not be subject to probate either. So, while the overall size of the estate can play a part in the length of the probate process, it’s truly the amount of assets that are subject to probate that will make a difference.

The types of estate planning measures put in place by the deceased: If the deceased person took steps to plan their estate, such as setting up a trust, the probate process may be shorter. This is because some of their assets may not be subject to probate.

Whether anyone steps forward to contest the estate: If someone steps forward to challenge the will or the way that the estate is being distributed, this can lengthen the probate process.

How quickly all involved take action: The first person who needs to take action is the personal representative assigned to the estate. This is a person who was either named by the deceased or, if they did not have a will, appointed by the court. The personal representative needs to notify the courts of the death and take inventory of the estate to submit to the court for use in the probate process. Creditors to whom the deceased owed debts are also notified of the death and have three months to make a claim on the estate. The faster everyone involved in the probate process takes action, the shorter the process will be.

How long it takes to settle taxes owed by the estate: The estate may owe taxes to the federal government and/or the state. Settling these taxes can take time, which can lengthen the probate process.

Having an experienced Milwaukee probate lawyer like Attorney Robert Fricker on your side can help make the process go more smoothly, regardless of how long it takes. We can help you navigate the probate process, deal with any challenges that arise, and make sure that your loved ones receive the assets they are entitled to. Contact Fricker Law today to get started.