Generally speaking, probating a will should take less than a year, although in unfortunate cases it can take even longer. Some factors that can make for a longer probate process may include the following:Will contests challenging validity of the will and/or certain bequests
âComplicatedâ assets such as business interests, which are trickier to distribute to heirs, as opposed to straightforward ones like bank accounts
Taxable estate, mostly because an additional governmental entity (Internal Revenue Service) will be involved
On the bright side, though, some states do have simplified procedures for smaller estates (those with a value below a certain amount), which can shorten the length of the probate process considerably. New York, for example, uses the Small Estates Affidavit to allow assets of an estate to be distributed without getting the probate court involved through a simple sworn statement (affidavit) executed by the person(s) entitled to receive probate property.