Conferencing availability via Zoom & FaceTime

Center for Elder Law & Estate Planning
Free Consultation 339-499-4306 Send an Email
Menu Contact

How long can an estate be stuck in the probate courts?

As with all legal matters, readers should be aware that their individual probate timelines may be very different from those of others who also must go through the process. As every Massachusetts resident will pass on with a unique estate, the individual characteristics of their property, assets, and wealth will influence if their probate process is lengthy or brief. Therefore, this post is offered as information only and not legal guidance on any individual probate situation.

In the first few months after a decedent passes on, their will may be validated and their administrator located. The estate may then be subject to a probate hearing, which will address issues with the estate and may include the identification of creditors. During the first year of the probate process, items of property identified by the decedent may be located so that they may later be distributed to beneficiaries.

Tax obligations may take over a year to finalize, and the accounting on a probated estate may require more than a year as well to become firm. Once creditors have been paid, beneficiaries found, assets located, and other legal requirements met, an estate can be distributed and ultimately closed once its administration is complete.

The size of an estate, whether the decedent had an estate plan and many other factors can influence how long the probate process will take. Readers should be aware that some of the issues that can delay probate may be addressed during the process of creating an estate plan. Individuals who wish to avoid probate delays may want to speak with their local estate planning attorneys.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Center For Elder Law & Estate Planning

South Weymouth Office
46 Pleasant Street
South Weymouth, MA 02190

Toll Free: 888-784-0864
Phone: 339-499-4306
South Weymouth Law Office Map

Chelmsford Office
227 Chelmsford Street
Chelmsford, MA 01824

Toll Free: 888-784-0864
Phone: 339-499-4306
Map & Directions

Franklin Office
1000 Franklin Village Drive, Suite 207
Franklin, MA 02038

Toll Free: 888-784-0864
Phone: 339-499-4306
Map & Directions

Brockton Office
1322 Belmont Street, Suite 201
Brockton, MA 02301

Toll Free: 888-784-0864
Phone: 339-499-4306
Map & Directions

Map Map Map Map
How long can an estate be stuck in the probate courts? | Center For Elder Law & Estate Planning