How Long Does Probate Take Without a Will?

Without a will, probate takes 9 to 18 months for a straightforward estate — roughly 3 to 6 months longer than testate probate. Complicated estates with real property in multiple states, disputed heirship, or contested administrator appointments can stretch past two years.

Why It Takes Longer Without a Will

Four factors add time to intestate probate:

No named executor. Someone must petition the court to serve as administrator. That means a hearing, a waiting period for objections, and — if family members disagree on who should serve — potentially months of contested proceedings before anyone is even appointed.

Surety bond. A bond is commonly required when there is no will, but the court may waive it under local law. If required, the administrator must file it before the Letters of Administration become effective. Bond applications take 1 to 5 business days, but credit issues or high estate values can extend that.

No financial roadmap. An executor named in a will was usually briefed on the deceased's finances. An intestate administrator starts from zero — discovering accounts, tracking down policies, redirecting mail. This asset search phase can add weeks or months to the inventory timeline.

Heirship verification. When the deceased didn't name beneficiaries, the court must verify who qualifies under the state's intestacy statute. Blended families, estranged relatives, or missing heirs can trigger additional investigations and court proceedings.

State-by-State Ranges

Court efficiency varies widely:

• California: 12 to 18 months (required waiting periods and mandatory court hearings at multiple stages)
• Texas: 6 to 12 months (independent administration is common, reducing court involvement)
• New York: 9 to 15 months (Surrogate's Court backlogs in NYC can add months)
• Florida: Summary administration is available when the estate subject to administration is $75,000 or less, or when the decedent has been dead for more than two years; formal administration is a separate process. Processing time depends on the court and estate.
• Ohio: 6 to 9 months for simple estates (Ohio excludes real estate from the probate asset base unless sold)

These ranges assume cooperative heirs and no contested issues. Any dispute — over who serves as administrator, over asset values, over the distribution plan — adds 3 to 12 months.

What the Timeline Actually Looks Like

Weeks 1–6: File petition, attend hearing, purchase bond, receive Letters of Administration.

Months 2–4: Inventory assets, publish creditor notice, redirect mail, request tax transcripts, get appraisals.

Months 4–8: Wait for creditor claim period to close. Pay valid claims in priority order. File tax returns. Sell real property if needed (add 3–6 months).

Months 8–14: Prepare distribution plan. Get court approval if required. Distribute assets. File final accounting. Petition for discharge.

How to Avoid the Longest Delays

• File the petition within the first two weeks — court backlogs mean every week of delay at the front end extends the total timeline
• Get written consents from all higher-priority family members before the hearing to prevent objection-based delays
• Start the creditor notice promptly after receiving Letters — the general U.S. research range for a publication-based claim period is 3 to 4 months
• Track every deadline in a calendar — missed filings trigger penalties and additional hearings

The Intestacy Survival Guide includes phase-by-phase milestone checklists so you know exactly what's due and when throughout the entire administration process.