Probate Process Time Table
The following is an overview of the complete probate process with general time frames. It is intended to be a summary of the basic requirements only.
| Atty or PR (Responsible Party) |
Action |
|---|---|
| OPEN PROBATE | |
| Atty | File Petition for Probate |
| Atty | File Duties and Liabilities |
| Atty | File Confidential Statement [Hearing date assigned by Court] |
| Atty | Lodge Original Will & any Codicils |
| WITHIN 30 DAYS OF HEARING DATE | |
| Atty | Mail Notice of Petition to Administer Estate (at least 15 days prior to hearing) |
| Atty | File Notice of Petition to Administer Estate with Proof of Service (POS) |
| Atty | Provide Notice of Petition to newspaper for publication |
| WITHIN TWO WEEKS OF HEARING DATE | |
| Atty | Obtain Bond, if required |
| Atty | Submit Proposed Order for Probate (usually 7-10 days prior to hearing) |
| HEARING DATE | |
| Atty | Obtain Order for Probate |
| Atty | File Bond, if required |
| Atty | Get Letters issued and obtain Certified Letters |
| Atty | Obtain TIN (taxpayer identification number) |
| WITHIN 60 DAYS AFTER LETTERS ISSUED | |
| Atty | Mail Notice to Creditors |
| WITHIN 90 DAYS AFTER LETTERS ISSUED | |
| PR | Open estate bank account |
| PR | Gather all assets of decedent |
| Atty | File Inventory & Appraisal |
| BEFORE CLOSING | |
| PR | Pay debts, sell assets, and file tax returns, if required (IRS Form 706 due 9 months after death) |
| Atty | Mail Notice of Proposed Action, if needed |
| WITHIN 1 YEAR FROM LETTERS (18 MONTHS IF 706 REQ.) | |
| Atty | File Final Report & Account & Petition for Final Distribution |
| Atty | Mail Notice of Hearing (at least 15 days prior to hearing) |
| Atty | Submit Order for Final Distribution |
| AFTER HEARING | |
| PR | Distribute assets per court order |
| Atty | File receipts signed by Distributees |
| PR | File final income tax returns, if required |
| AFTER DISTRIBUTION | |
| Atty | Optional: File Declaration for Final Discharge |