Probate generally starts within a few weeks after a person dies, as soon as someone files a petition with the probate court in the county where the deceased lived. The question of when probate starts after death has two answers worth separating: the formal case opens on the filing date, but several legal clocks — the duty to deliver the will, tax filing deadlines, and the outer window to open probate at all — begin running the moment the person dies. Once filed, an uncontested estate typically takes six months to a year to close.
The First Deadline: Delivering the Will
If you are holding the deceased person’s original will, your first legal obligation runs before any court filing. State laws require the custodian of a will to deliver it to the appropriate probate court promptly after learning of the death, commonly within 10 to 30 days. This step is sometimes called “lodging” the will. It does not open a probate case on its own. It puts the document on the public record so interested parties know it exists while the family decides what to do next.
The Uniform Probate Code, a model law that has influenced probate rules in roughly 18 states, requires custodians to deliver the will “with reasonable promptness” after the testator’s death. A custodian who deliberately withholds a will can be held liable for financial harm caused by the delay, and a judge who orders delivery can impose contempt-of-court penalties if the custodian still refuses. States outside the UPC apply similar civil liability rules when beneficiaries can show a delay cost them money.
The Outer Deadline to Open Probate
States push you to act quickly, but there is also a cutoff on the far end. Under the UPC, no probate or appointment proceeding can be started more than three years after the date of death. Once that window closes, a will generally cannot be admitted to probate and an executor cannot be formally appointed, though limited proceedings to confirm property title may remain available. Non-UPC states set their own cutoffs, most falling somewhere between two and five years.
Technically having years does not mean waiting is safe. Property can deteriorate, bank accounts can stay frozen indefinitely, and creditors can take their own legal action to collect debts. Filing sooner also starts the creditor-claim clock, which shortens the time during which new claims can be filed against the estate.
What You Need Before Filing the Petition
Before the court can open a case, you need to gather a few core documents. The single most important one is a certified copy of the death certificate, which you can usually get from the funeral home shortly after death, or later from your state or county vital records office.
You will also need:
- The original signed will, not a photocopy. If the original cannot be located, you may need a special hearing to prove the will’s contents through other evidence.
- Names and addresses of heirs and beneficiaries, so the court can send them formal notice of the proceedings.
- A preliminary inventory of bank accounts, real estate, vehicles, and other significant property, with estimated values. This helps the court decide what type of probate is appropriate and whether a bond is required.
The probate petition is the formal request to open a case and appoint a personal representative — called an executor when named in a will, or an administrator when there is no will. Most county clerk or court websites post the form. You fill in the deceased person’s identifying information, their residence at the time of death, and an estimate of the total estate value. Getting these right the first time prevents the delays that come with amended filings.
Filing fees vary widely by jurisdiction and estate size, typically from under $100 to over $1,000. Many courts now accept electronic filing, though in-person filing at the probate clerk’s office remains common and lets you confirm on the spot that signatures and attachments are in order. Once the clerk processes the filing, the court assigns a case number, and depending on local practice, you may get a hearing date or the clerk may approve a straightforward appointment without a hearing.
What the Court Issues When Probate Opens
Probate formally begins when the court issues documents granting the personal representative legal authority to act for the estate. When a will exists, these are called Letters Testamentary. When the person died without a will, the court issues Letters of Administration. Both do the same practical work: they let the representative access bank accounts, transfer property titles, and handle the estate’s legal and financial business. Banks and brokerages almost always require a certified copy of these letters before releasing funds or opening a safe deposit box.
The Creditor Notice Clock
Once the representative has letters, they must notify known creditors and beneficiaries by mail and publish notice to unknown creditors in a local newspaper. Under the UPC model, publication runs once a week for three consecutive weeks. From the date of first publication, creditors generally have four months to file their claims. If the representative never publishes notice, creditors may have up to one year from the date of death to come forward. Publishing promptly starts the clock and moves the estate closer to final distribution.
Tax Deadlines the Death Itself Starts
A death triggers several tax filings, each on its own schedule. Missing them creates penalties and interest that come straight out of what beneficiaries receive.
Final Form 1040
The deceased person’s final individual return covers income from January 1 through the date of death and is due on the normal April 15 schedule for the following year. Someone who dies during 2026, for example, has a final return due by April 15, 2027, unless extended. A surviving spouse can file jointly for the year of death. Anyone else filing on the deceased’s behalf should write “deceased,” the person’s name, and the date of death across the top of the return.1Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died
Estate Income Tax Return (Form 1041)
An estate is its own tax entity. If it earns more than $600 in gross income during administration — from interest, rent, dividends, or asset sales — the representative must file Form 1041. The estate needs its own Employer Identification Number first, which you can request online from the IRS at no cost using Form SS-4.2Internal Revenue Service. File an Estate Tax Income Tax Return
Federal Estate Tax Return (Form 706)
Most estates owe no federal estate tax. For people who die in 2026, the basic exclusion amount is $15,000,000, so only estates valued above that threshold need to file Form 706.3Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One, Big, Beautiful Bill When filing is required, Form 706 is due nine months from the date of death, with a six-month extension available.4Internal Revenue Service. Instructions for Form 706
When Probate May Not Be Needed
Not every asset goes through probate, and not every estate needs a formal case. Assets that pass directly to a named beneficiary or co-owner stay outside the probate process entirely:
- Life insurance proceeds paid to a named beneficiary.
- Retirement accounts such as IRAs and 401(k)s with a designated beneficiary.
- Payable-on-death bank accounts.
- Transfer-on-death brokerage and investment accounts.
- Property jointly owned with right of survivorship.
- Assets held in a revocable living trust, which are distributed under the trust terms.
When a beneficiary designation conflicts with the will, the designation almost always controls.
For smaller estates, every state offers some form of simplified procedure, though qualifying thresholds vary from as low as $10,000 to as high as $275,000. The two most common shortcuts are a small estate affidavit, which lets an heir claim property directly from the institution holding it after a waiting period of 30 to 45 days, and summary administration, a streamlined court proceeding that can wrap up in one to three months. Your state’s probate court website or the clerk’s office can confirm what applies locally and the current limits.
How Long Probate Takes Once It Starts
A straightforward, uncontested estate in standard probate usually takes about six to twelve months from filing to final distribution. Small estates using summary procedures can finish in one to three months. Contested cases — challenges to the will, disputes over the executor’s appointment, or disagreements about distribution — regularly run past a year.
Timeline drivers include real property that must be sold, complex tax situations, creditor disputes, and the court’s own calendar in busy jurisdictions. The creditor claim period alone accounts for at least four months in most states, and nothing can be finalized until that window closes.
What Happens If You Wait Too Long
Delay creates both practical and legal problems. Property can lose value from neglect, accounts stay frozen, and bills go unpaid. An executor who unreasonably delays filing risks removal by the court. If the delay causes financial losses — property depreciation, missed investment opportunities, tax penalties — the executor can be personally “surcharged” and ordered to repay the estate from their own funds. Deliberate concealment of a will or misuse of assets during a delay can bring criminal charges such as fraud or embezzlement.
Beneficiaries who believe an executor is stalling can petition the court to compel action or to appoint a different representative. Courts have broad authority to enforce fiduciary duties, including through contempt penalties, and they tend to use it when a representative sits on an estate without a good reason.