"How long will probate take, and what will it cost?" Those are two questions many families ask after a veteran dies. The honest answer is that it depends on the state, the court, and the estate itself. Some states do publish official numbers. California's courts, for example, say formal probate "typically takes 9 to 18 months and can sometimes take even longer." This guide shares only the time and cost figures that official court and state sources state, and explains the factors that make probate faster or slower everywhere else.
Key Takeaways
- Probate is run under state law, so time and cost differ from state to state and even county to county.
- California's courts say formal probate typically takes 9 to 18 months, and filing fees and costs are "often well over $1,000.00 and can be much more."
- In California, executor and attorney fees are set by law as a percentage of the estate's value, starting at 4% of the first $100,000.
- Creditor deadlines set a minimum length. In Florida, most claims must be filed within 3 months after the first published notice to creditors.
- Many small estates can skip full probate. California's limit for personal property is $208,850 for deaths on or after April 1, 2025; Texas allows a small estate affidavit when estate assets, not counting the homestead and exempt property, do not exceed $75,000.
- Disputes, real estate, missing paperwork, creditor claims, and estate tax returns can all make probate take longer.
Table of Contents
- What Probate Is and Why It Takes Time
- How Long Probate Takes: What Official Sources Say
- What Probate Costs: What Official Sources Say
- Factors That Speed Up or Slow Down Probate
- Shortcuts for Smaller Estates
- Ask the Navigator
- Frequently Asked Questions
- Sources
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What Probate Is and Why It Takes Time
Probate is the court process that settles a person's estate. A judge appoints an executor (also called a personal representative). The executor collects the property, pays valid debts and taxes, and gives what is left to the right people. The court watches over the process to protect beneficiaries and creditors.
The three main stages
California's court self-help guide breaks formal probate into three stages:
- Opening the case. Filing a Petition for Probate, giving notice to family and beneficiaries, publishing a notice in a newspaper, and attending a hearing where the judge appoints the executor.
- Administering the estate. Listing and valuing assets, notifying creditors, paying debts, and filing the final income tax return and any estate tax return.
- Closing the estate. Filing a final report and account, attending a final hearing, and distributing what is left to beneficiaries.
Several steps have deadlines and waiting periods set by law, such as the inventory and creditor deadlines described below.
How Long Probate Takes: What Official Sources Say
The figures below come straight from official court or state sources. They are examples, not national rules.
California
The California Courts Self Help Guide states that formal probate "typically takes 9 to 18 months and can sometimes take even longer." California's official form DE-147 adds two early deadlines: the executor must file an inventory and appraisal "within four months after Letters are first issued," and must mail notice to each known creditor "within four months after your appointment."
The Superior Court in Alameda County says the executor must file a final account and petition for distribution within "one year after Letters are issued (or 18 months if a federal estate tax return is required)." If that is not possible, the executor must file a status report explaining why the estate is still open.
Florida
Florida does not publish an average probate time on the sources reviewed here, but its creditor rule sets a minimum waiting period. Florida Statutes section 733.702 says most claims are not binding on the estate unless filed by the later of "3 months after the time of the first publication of the notice to creditors" or, for creditors who must be served, "30 days after the date of service on the creditor." That claim window is one reason a Florida estate cannot wrap up right after the executor is appointed.
Everywhere else
If your state's court does not publish a time estimate, the factors in the next sections are the best guide. A probate attorney or the local court clerk can tell you how busy the court calendar is.
What Probate Costs: What Official Sources Say
Probate costs can include court fees, the executor's pay, and attorney fees. California's guide says administration costs also cover newspaper publication of notices and property appraisals.
Court fees
California's self-help guide says the filing fee for a Petition for Probate is typically $435, and that filing fees and other administration costs are "often well over $1,000.00 and can be much more." The same guide notes that most upfront fees are reimbursed from estate funds later. A fee waiver can be requested by people who qualify.
Executor and attorney fees set by law (California example)
California sets these fees by formula. The Alameda County court explains that under Probate Code section 10810, fees are calculated as a percentage of the appraised value of the estate:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9,000,000
- ½ of 1% of the next $15,000,000
- For amounts above $25 million, a reasonable amount set by the court
Applying that formula to an estate appraised at $500,000 gives $4,000 + $3,000 + $6,000, or $13,000. The court page explains that this percentage schedule applies to personal representatives and to attorneys, so in California each could receive a fee of that size. Other states set fees in their own ways, so this formula should not be used outside California.
Taxes
Federal estate tax applies only to estates above the basic exclusion amount. The IRS lists the basic exclusion amount as $15,000,000 for people who die in 2026. The executor still files the person's final income tax return. The IRS says an estate that "generates more than $600 in annual gross income" must also file Form 1041.
Factors That Speed Up or Slow Down Probate
Where no official time or cost figure exists, these factors can affect the result. They come from the steps that official court guides require.
Things that often slow probate down
- Disagreements. A will contest or a family dispute can add hearings.
- Real estate. Homes and other non-cash assets must be valued. California's guide says a probate referee appraises non-cash assets.
- Missing records. Lost account statements, deeds, or a missing will take time to track down.
- Creditor claims. Disputed debts must be resolved before the estate closes.
- Estate tax returns. In California, an estate that must file a federal estate tax return gets 18 months, not one year, to file its final account.
Things that often keep probate simple
- A clear, valid will and a willing executor.
- Up-to-date beneficiary designations on life insurance, retirement, and bank accounts, which pass outside probate.
- Good records: a list of accounts, deeds, and debts, kept in one place.
Shortcuts for Smaller Estates
Many states offer a faster, cheaper path when the estate is small. The limits and rules are set by each state.
California
The California Courts Self Help Guide says personal property can often be collected without formal probate when the estate is at or below the set amount and 40 days have passed since the death. For deaths on or after April 1, 2025, the limit is $208,850. For real property, a court petition may be used; for deaths on or after April 1, 2025, the guide lists $750,000 for a main home in California. The guide says property in a living trust, joint tenancy property, pay-on-death accounts, and life insurance with a named beneficiary do not count toward the limit.
Texas
Texas Estates Code section 205.001 allows a small estate affidavit when the estate's assets, not counting the homestead and exempt property, do not exceed $75,000, 30 days have passed since the death, and no petition for a personal representative is pending or granted. Section 205.006 allows a homestead to pass under the affidavit when it is the only real property in the estate.
For more ways families keep assets out of probate, see How to Change a VA Beneficiary Designation and VA Life Insurance Options: VGLI and SGLI.
Ask the Navigator
Wondering what probate could look like for your family? Ask AVOY Veteran Navigator AI™ at avoyvet.com, and take the free Veteran Legacy Checklist to spot the gaps that make probate longer.
Frequently Asked Questions
Is there a national average for how long probate takes?
No official national figure was found. Probate is state law. California's courts say formal probate typically takes 9 to 18 months, but other states and courts differ.
Who pays probate costs?
Costs are generally paid from the estate. California's court guide says most upfront fees are reimbursed from estate funds later.
How do creditor deadlines affect the timeline?
Creditor deadlines can set a minimum length for probate. In Florida, for example, most claims can be filed up to 3 months after the first published notice. A probate attorney in your state can explain how that window affects closing.
Are California's fee percentages used in other states?
No. The percentage schedule in California Probate Code section 10810 is California law. Other states set fees under their own laws. An estate attorney in your state can explain local rules.
Does a will avoid probate?
Not by itself. In California, the Riverside County court says an original will must be filed with the court within 30 days after the death, and the court then appoints an executor. California's court guides explain that property in a living trust, joint tenancy property, and accounts with named beneficiaries pass outside probate.
Sources
- Overview of formal probate — California Courts Self Help Guide
- When formal probate may not be needed — California Courts Self Help Guide
- Form DE-147, Duties and Liabilities of Personal Representative — California Courts
- Closing and Distributing the Estate — Superior Court of California, County of Alameda
- Florida Statutes 733.702, Limitations on presentation of claims — The Florida Senate
- Decedent's Estates, Wills & Trusts — Superior Court of California, County of Riverside
- Texas Estates Code Chapter 205, Small Estate Affidavit — Texas Legislature
- What's new — Estate and gift tax — IRS
- File an estate income tax return (Form 1041) — IRS
Educational information only — not legal, tax, financial, or medical advice, and not affiliated with the U.S. Department of Veterans Affairs. Estate and probate rules vary by state; an estate attorney in your state can confirm what applies. For VA benefits help, contact a VA-accredited VSO (often free), claims agent, or attorney.
