Legal Question in Wills and Trusts in New York

What is the time frame for probate?

All required parties have signed waiver of process and the will has been presented to the court. All assets are located and a public notice has not been issued yet. How long should it take to close probate if everything runs smoothly?


Asked on 11/07/07, 9:07 am

2 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: What is the time frame for probate?

It's different with every case, but generally: if an estate tax return is required, think 1-2 years from the date of death; if no estate tax return is required, then 7-9 months from date letters are issued.

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Answered on 11/07/07, 11:47 am
Walter LeVine Walter D. LeVine, Esq.

Re: What is the time frame for probate?

It depends upon the size of the estate and the type of assets involved. Simple estates, not subject to federal or state death taxes, with liquid assets, can take from 6 months to a year. If a house is involved, to be liquidated, this could take time, as could a business if needed to be sold. If death taxes are involved, at least a year to several years, depending upon the value of the estate. Some assets, like those with designated beneficiaries (life insurance, joint or POD bank or brokerage accounts and retirement plans) could be distributed quickly (several months tops) and, if needed, there can always be preliminary distributions of partial amounts.

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Answered on 11/07/07, 12:05 pm


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