There are many different factors that can affect how long the probate process takes, but generally speaking, it takes about six months. You should be aware, that it can take a lot longer and frequently does. Here are a few issues that can arise that prolong the probate process:

• Problems in locating the heirs and beneficiaries. 

• A contest between the beneficiaries or heirs of the will. 

• Claims or liens against the unresolved estate. 

• Real estate or other property that is unable to be sold. 

• During the claim period, failing to properly notify one or more creditors. 

• Dissatisfaction with the heirs' or beneficiaries' personal representative's actions

It is even more crucial to choose a well-organized and meticulous personal representative who can efficiently manage the process and lower the likelihood of complications and delays due to the complexity of the task and the myriad potential delaying factors.

Here are some of the most important reasons on why probate is required:

• Legal title/ownership transfers of the decedent's assets and properties to the heirs and/or beneficiaries. Probate is typically unnecessary if there is no property to transfer.

• The collection of any taxes that the deceased person or their estate may owe to various taxing authorities at the time of their passing or that become owed after a property is transferred.

• Probate also gives creditors a deadline to bring claims against the estate that is legally required, as was already mentioned. As a result, future claims against the heirs or beneficiaries are stopped by old or unpaid creditor.

• Clearing title on a property. If the deceased owned real estate in his own name no one could legitimately accept title to it. A bank would also not be able to grant mortgages to new buyers until the estate had gone through probate.

• In general, no one would engage in any additional business involving the deceased's property until the estate had been duly appointed and a probate has been filed for the will.

• Finally, it offers a legal framework for the actual physical distribution of the estate's remaining assets to the beneficiaries and heirs.

It is not always necessary to go through probate but some legal process to switch the beneficiaries and/or heirs' legal title and possession of the deceased's property is normally required. Additionally, some states permit certain recipients to receive certain types of property through a simplified probate process or without the need for a probate process.

Real and personal property that is held in a "joint tenancy with rights of survivorship" typically passes to the co-owner(s) who are still alive without the need for probate.

Without the need for probate, various benefits, like life insurance policies and annuities, are often payable directly to the named beneficiary. Additionally, IRA, Keogh, and 401( k) accounts typically automatically transfer to the named heirs or beneficiaries. A Totten Trust is a type of bank account that is "held in trust for" specific heirs or beneficiaries and is set up as "payable-on-death" accounts. The proceeds are also transferred without probate to the designated beneficiaries.

A "living trust," which holds title to a trust's assets, automatically transfers ownership of those assets to the heirs or beneficiaries. A trust of this type is a legal structure that endures after its creator passes away.

State law or local laws can dictate the cost of probate.

Typically, probate can cost between 3% and 7% of the total estate value. These costs can include appraisal costs, executor's fees, court expenses, costs for a type of insurance policy known as "surety bond," and legal and accounting fees. All wagers are void if there is a "Will contest."

It's possible in some cases. For estates whose value is below certain financial thresholds, certain processes— often referred to as "simplified procedures"— are used in some states. The upper and lower limits range from a few thousand dollars to$ 160,000. The court of jurisdiction determines this. The whole probate process may be necessary or advisable if there is real estate involved or debts owed against the estate, regardless of the size. This is undoubtedly a matter to discuss with an attorney.

The person designated as the deceased's Personal Representative normally consults a probate lawyer who has experience in the matter. The lawyer prepares the petition for the court, accepts it along with the will, and brings it before the probate court.

If the deceased passed away without leaving a will, the attorney for the person requesting that the will be admitted to probate must ordinarily inform everyone who would have been legally entitled to receive property from him or her, as well as everyone named in the will, and give them the chance to formally object.  

After the matter is filed, a hearing on the probate petition is normally scheduled. It may be necessary to bring in the people who saw the deceased's signature on the Will, as well as who the named beneficiaries are, how long before the will was signed, whether an attorney drafted it, oversaw its "execution," and/ or whether it was executed using specific affidavits.

If there are no objections and everything is in order, the court will approve the petition, name the individual representative, order the payment of taxes and debts, and insure that the person representing the deceased's property be distributed and accounted for in accordance with the terms and conditions of the will.

The estate is typically handled by the local court in the State and County where the deceased lived at the time of death. These courts can be referred to by different names depending on the state and/or county. In California, the Superior Court, Probate Division, normally hears these cases.