The initial step, filing a petition, must be completed within six months after the date of death. Appointing an executor or administrator usually takes four to five weeks from the date the petition is filed. Since the problems of each estate differ, no accurate time schedule can be given for the length required to probate the estate. However, no estate with assets amounting to more than the legal allowance and debts, taxes and costs may be closed before six months after the date of death. Persons having knowledge and access to a will may offer it for probate at any time within six months following the death.
Creditors have four months after actual notice to file claims against the estate.
The filing of state and federal death tax returns may be required and tax payments are due no later than nine months after the date of death. Not all property owned by the deceased is subject to probate. For example, life insurance will pass directly to the designated beneficiary and does not require probate unless the beneficiary is the insured's estate or executor. Transfer on Death provisions are available with respect to securities, titled vehicles and real estate. Property not subject to probate will not pass under the person's will, which may impair or destroy the deceased person's wishes regarding disposition of his or her property.