One of the most common questions I receive from executors during initial consultations is: "How long will this take?" Many clients mention that a friend or relative managed to administer an estate in six month or in less than a year. As an experienced estate attorney, I know that is extremely rare. More often than not, I later learn that the estate was not properly administered, leaving that executor exposed to potential liability.
My role is not only to guide executors through the process, but also to ensure that when we are ready to distribute the estate, the executor will have peace of mind knowing the estate was handled correctly. I recognize that the length of the administration process can be frustrating for both executors and beneficiaries, especially when they are unaware of the many steps involved.
What’s Involved in Administering an Estate?
A typical estate administration may include the following steps:
1. Obtain death certificates and locate the Will (if one exists).
2. Retain an estate attorney.
3. Petition for probate.
4. File all legal notices and advertise the estate.
5. Facilitate the closings or transfers of all assets, including bank accounts, retirement plans, stocks, bonds, real estate, and personal property.
6. Pay debts and expenses of the estate.
7. Obtain necessary tax documents and file all required tax returns.
8. Finalize the administration and distribute the estate to beneficiaries.
This list is not exhaustive, but it highlights the key tasks required for a successful estate administration. Each step demands significant time and effort, which brings us back to the question:
So, How Long Does It Really Take to Administer an Estate?
For an average estate, the administration process typically takes 18 to 24 months.
While 18-24 months may seem daunting to hear, once I educate clients about the various deadlines and complexities involved, they usually understand why it takes this long. I try to reassure my clients that they won't be working non-stop on the estate for the full 18-24 months, but there will be tasks to complete over the course of that time before we can distribute the estate. The actual timeline will vary based on the specific estate as many factors can impact the length of the administration process.
Does Having a Living Trust Speed Up the Process?
A common misconception is that probate needs to be avoided and that having a living trust at the time of death significantly shortens the timeline. While a trust can streamline and shorten certain aspects of the administration, it does not eliminate the overall administration process, as the taxes, debts, and assets still need to be addressed.
Key Factors That Impact the Timeline
Several factors influence how long an estate will take to administer, such as:
1. The Executor’s Efficiency – Executors are often juggling full-time jobs, families, and other responsibilities while administering an estate, and in most cases, this process is new to them. This can be very difficult and requires patience from the other beneficiaries.
2. Complexity of the Assets and Waiting for Debts– The more financial institutions, investment accounts, real estate, and personal property involved, the longer the administration takes. It can also take time to receive all of the medical bills and debt collection notices.
3. Number of Assets and Properties – Dealing with the Decedent’s assets is not a streamlined process. Each institution and title company has their own policies and forms, which makes dealing with assets even more tedious and time-consuming.
4. Tax Deadlines – Tax filings play a critical role in determining the estate's timeline as each return has its own reporting requirements and due date.
5. Disputes Among Heirs and Litigation – Difficulties with heirs can significantly delay the process and lead to higher legal costs. Litigation proceedings, such as Will contests and wrongful death claims, may also delay the process.
Final Thoughts
While every estate is different, the average timeline is approximately 18-24 months. Executors who understand the process and work proactively can help ensure a smoother administration. Consulting with an experienced estate attorney early on can also prevent costly mistakes and unnecessary delays. We are here to provide experience, guidance and peace of mind.
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