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Probate Takes 9 to 18 Months – Here’s How to Skip It Entirely

What Is Probate and Why Does It Take So Long?

If you’ve ever watched a family member go through the process of settling a loved one’s estate, you already know how painful and drawn-out it can be. Probate is the legal process courts use to validate a person’s will, pay off debts, and distribute assets to the right people. It sounds straightforward, but in practice, it rarely is.

On average, probate takes anywhere from 9 to 18 months to complete. In complicated cases — or when family members disagree — it can stretch to several years. During that time, your beneficiaries may not be able to access the assets they need. The estate could also face court fees, attorney fees, and other costs that chip away at what you worked your whole life to build.

Here’s the thing: probate is not required in every situation. With the right estate planning steps taken in advance, many people can skip probate entirely or reduce it to almost nothing.

Why Probate Costs More Than You Think

People often underestimate how expensive the probate process can be. The costs are not always obvious upfront, but they add up quickly. Common expenses include:

Court filing fees — These vary by state but can run into hundreds or even thousands of dollars.
Attorney fees — Many probate attorneys charge a percentage of the estate’s total value, often between 2% and 4%.
Executor fees — The person managing the estate is often entitled to compensation, which comes out of the estate itself.
Appraisal costs — Real estate and valuable personal property may need to be professionally appraised.
Accounting fees — Complex estates often require professional accounting services.

On a $500,000 estate, these combined costs could easily reach $20,000 to $30,000 — money that could have gone directly to your loved ones instead of the legal system.

The Good News: You Have Options

Probate law does not require everyone to go through the full court process. There are several widely-used, legal strategies that allow you to pass assets directly to your beneficiaries without going through probate at all. These strategies are part of smart, forward-thinking estate planning that anyone can put in place.

Option 1: Set Up a Revocable Living Trust

A revocable living trust is one of the most effective and popular tools for avoiding probate. When you place your assets into a trust, you technically no longer own those assets in your individual name — the trust does. Because the assets are not in your personal name at the time of your death, there is nothing for the probate court to process.

Here is how it works in simple terms:

You create a legal document called a trust agreement.
You transfer ownership of your assets — your home, bank accounts, investments — into the trust.
You name yourself as the trustee, so you still control everything during your lifetime.
You name a successor trustee — someone you trust — to take over and distribute assets when you pass away.

The process your successor trustee follows after your death is called trust administration. It is handled privately, outside of court, and can often be completed in a matter of weeks rather than months or years.

One important note: simply creating a trust is not enough. You must actually transfer your assets into the trust — a process called “funding the trust.” Many people create a trust but forget this step, which means their assets still end up in probate.

Option 2: Use Beneficiary Designations

Certain types of accounts and assets allow you to name a beneficiary directly. When you do this, those assets pass straight to the named person upon your death — completely bypassing probate, no matter what your will says.

Assets that commonly allow beneficiary designations include:

Life insurance policies
Retirement accounts (401(k), IRA, etc.)
Bank accounts with a “payable on death” (POD) designation
Investment accounts with a “transfer on death” (TOD) designation

Keeping these designations up to date is critical. If you named an ex-spouse as your beneficiary 20 years ago and never updated it, that person may still receive your assets — even if your will says otherwise. Review your beneficiary designations every few years or after any major life event like a marriage, divorce, or the birth of a child.

Option 3: Joint Ownership with Right of Survivorship

When two people own an asset together with “right of survivorship,” the surviving owner automatically receives full ownership when the other owner dies. No court involvement is needed.

This is a common approach for married couples who own a home together. If both names are on the deed with right of survivorship language, the property passes automatically to the surviving spouse when one dies.

However, this strategy has limits. If both owners die at the same time, or if the surviving owner later dies without proper planning in place, the asset could end up in probate after all. It also does not help with distributing assets to children or other heirs in a flexible way.

Option 4: Small Estate Procedures

Many states have simplified legal procedures for smaller estates. If the total value of an estate falls below a certain threshold — which varies by state — heirs can often collect assets using a simple affidavit rather than going through full probate.

These thresholds vary widely. In some states it might be $50,000, while in others it could be $150,000 or more. If your estate is on the smaller side, this could be a simple way to keep your loved ones out of court.

Your state’s local probate court or a local estate planning attorney can tell you exactly what the threshold is where you live and what legal procedures apply.

What Still Needs a Will?

Even if you take every step to avoid probate, a will still serves an important role. Here is what a will can do that other strategies cannot:

Name a guardian for minor children — This is critically important for parents. No trust or beneficiary designation can do this.
Address assets you forgot to put in your trust — A “pour-over will” can catch any assets left outside your trust and direct them into it after your death.
Express your final wishes — From funeral arrangements to personal messages, a will puts your intentions on record.

Think of a will and a trust as working together, not as alternatives to each other. A complete estate plan typically includes both.

Common Mistakes That Land Estates in Probate Anyway

Even people who do some planning often make errors that cause their estate to end up in probate. Knowing these mistakes ahead of time can save your family a lot of trouble.

Creating a trust but not funding it — If your assets are still in your personal name, they are still subject to probate.
Outdated beneficiary designations — Naming a deceased person or a former spouse as your beneficiary creates big problems.
Forgetting to include all assets — A new bank account, investment, or piece of real estate purchased after you set up your trust needs to be added to it.
Naming your estate as beneficiary — This is surprisingly common on retirement accounts and life insurance policies, and it forces those assets through probate.
Not updating your plan after major life changes — Marriage, divorce, the death of a beneficiary, or a significant change in assets should always trigger a review of your estate plan.

How to Get Started Today

The best time to set up an estate plan was years ago. The second best time is right now. Here are some simple steps you can take immediately:

Make a list of everything you own — Real estate, bank accounts, retirement accounts, life insurance, vehicles, and valuable personal property.
Check your beneficiary designations — Log into your retirement and investment accounts and review who is listed. Make sure it reflects your current wishes.
Speak with an estate planning attorney — A qualified attorney can walk you through the right combination of tools for your specific situation. Estate plans are not one-size-fits-all.
Consider a revocable living trust — If you own a home or have significant assets, a trust is likely worth the upfront cost. It can save your family far more in the long run.
Review your plan every few years — Laws change. Family circumstances change. Your plan should keep up.

The Bottom Line

Probate is not a fate you have to accept. With proper estate planning — including tools like a revocable living trust, beneficiary designations, and joint ownership — most people can keep their assets out of the court system entirely. Your loved ones get what you intended, faster and with far less stress.

Trust administration, when properly set up, is a private and efficient process. It avoids the delays, the public record, and the costs that come with probate law and the court system. The only thing standing between your family and a smooth transition is taking the time to plan now.

Do not leave this to chance. Talk to an estate planning professional and make sure your wishes are protected long before they ever need to be carried out.