How long does probate take in the U.S.?

Typically 6–12 months for uncontested estates. Contested or complex estates can take 18+ months.

Can the house be sold before probate closes?

Yes. Once the executor has letters testamentary, the house can be listed and sold. Some states require court confirmation; others do not.

What Is Probate? Plain-English Guide for Heirs

What Is Probate? A Plain-English Walkthrough

Probate is the court-supervised process of validating a will, inventorying the deceased's assets, paying valid debts and taxes, and transferring remaining property to heirs. It's required for most estates with real estate or significant assets titled solely in the deceased's name, and typically takes 6–12 months in the U.S., though small-estate procedures can shrink that to weeks.

Written by the Inherited Home Buyers editorial team· Reviewed by Editorial Probate Reviewer (Placeholder) (JD, Esq.)· Last updated 2026-05-25

What does the executor actually do?

File the will with the local probate court. Get appointed (via letters testamentary) so banks and title companies will accept signatures. Inventory assets. Send required creditor notices. Pay debts and taxes in the order set by state law. Distribute the remainder.

How long does probate take?

Uncontested estates with clear paperwork: 4–9 months in most states. Contested wills, missing heirs, or estate tax filings can push it past 18 months. California, Florida, and New York are typically slower than Texas, Arizona, or the Midwest.

What does probate cost?

Court filing fees $200–$1,500. Attorney fees in most states are 1–4% of gross estate (statutory in CA and FL). Personal representative commission similar. Plus appraisal, publication, and bond costs. Budget 4–7% of gross estate for an uncontested probate.

Can I sell a house during probate?

Yes, in every state — but the procedure varies. Some states require court confirmation of the sale; others let the executor sign without supervision once letters issue. See our 'Selling During Probate' guide for the state-specific path.

Frequently asked questions

No. Assets in a living trust, jointly titled with right of survivorship, payable-on-death accounts, or covered by a small-estate affidavit can bypass probate entirely.

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Related guides

Selling During Probate

Probate Timeline by State

How to Avoid Probate

This page is for general educational purposes only and is not legal advice. Probate, estate, and real-property law vary by state. Always confirm with a licensed attorney in the state where the property is located.