Not all of a deceased person's property is subject to the probate process. A bank account or motor vehicle title may also specify a death beneficiary. Benefits of Probate Probate does provide some important benefits. Most important, it provides some court supervision to make sure a deceased person's property is accounted for and distributed as intended. But probate has several drawbacks, which lead many people to seek to avoid probate.
Formal probate takes at least six months to a year.
Sometimes, probate can drag on for several years, or in extraordinarily rare situations, for decades. Often, these delays are not important. The surviving family members usually have immediate access to joint bank accounts, and rapid access to life insurance proceeds. If special needs exist, the probate court will usually allow preliminary distributions or payment of an allowance to family members. However, in certain situations, probate delays can create problems.