One of the first questions I hear from families dealing with a loved one’s estate is: “How long is this going to take?”
And I get it. You’re already dealing with grief and loss, and now you’ve got this legal process ahead of you that feels overwhelming.
The honest answer? It depends. But today I’m going to break down the typical timeline, what affects how long it takes, and what you can do to move things along as quickly as possible.
My name is Ryan Smith. I’m a licensed real estate agent and certified probate expert here in New Hanover County, NC, and I work with families going through probate every single day. So let’s talk about what to expect.
Important Disclaimer: I’m not an attorney, and nothing I’m sharing today is legal advice. What I’m giving you is educational information based on my real-world experience. Here’s what I strongly recommend: Talk to an attorney who specializes in estate and probate law. They can give you specific guidance for your situation. There are some excellent attorneys right here in our area, and if you’d like a recommendation, just reach out to me and I’ll be happy to connect you.
The Short Answer
So how long does probate take in North Carolina?
The minimum time is usually around 6 to 9 months. But realistically? Most probate cases take anywhere from 9 months to a year—sometimes longer.
Now I know that might sound like a long time. But let me explain why it takes that long and what’s happening during that process.
Why There’s a Minimum Timeline
Here’s something important to understand: North Carolina law actually requires certain waiting periods. These aren’t just bureaucratic delays—they’re built into the process for good reasons.
The Creditor Claim Period
When someone passes away, creditors have to be given time to make claims against the estate. North Carolina requires that creditors be notified, and then they have at least 90 days to file any claims.
This protects both the creditors and the beneficiaries. You don’t want to distribute all the assets to the heirs only to find out later that there were legitimate debts that should have been paid first.
The Publication Requirement
The executor also has to publish a notice in the local newspaper letting unknown creditors know about the death. This gives anyone who might have a claim a chance to come forward. That publication runs for a certain period, and then there’s a waiting period after that.
So right there, you’ve got at least 3 to 4 months just in required waiting periods. And that’s before you even start distributing assets or closing the estate.
The Typical Probate Timeline
Let me walk you through what a typical probate process looks like from start to finish.
Month 1: Getting Started
The first few weeks are about gathering documents and getting appointed.
What you’re doing:
- Locating the will
- Gathering death certificates
- Identifying all the assets
- Filing the initial paperwork with the Clerk of Court
Once you file, you’ll be officially appointed as the executor or administrator. This usually takes a couple of weeks, sometimes up to a month depending on how quickly you can gather everything.
Months 2-4: Notification and Waiting
Now you’re in the notification phase.
What you’re doing:
- Sending notices to all the beneficiaries named in the will
- Notifying creditors
- Publishing the required notice in the newspaper
- Waiting for creditor claim periods to expire
Even if everything is simple and straightforward, you’ve still got to wait for those creditor claim periods to expire. This is where those legal waiting periods come in.
Months 4-8: Asset Management and Debts
During this time, you’re actively managing the estate.
What you’re doing:
- Maintaining any property (house, land, etc.)
- Paying ongoing expenses like utilities and insurance
- Reviewing any creditor claims that come in
- Deciding whether claims are valid
- Selling real estate if necessary
Here’s the thing about real estate: In a normal market, it can take 45 to 90 days or more to sell a property. That’s time you have to factor in. This is where I help families navigate the probate real estate process all the time—making sure properties are properly maintained, priced correctly, and sold efficiently.
Months 8-12: Final Accounting and Distribution
Once all the debts are paid and all the assets are either sold or ready to distribute, you’re preparing your final accounting.
What you’re doing:
- Creating a detailed report showing everything that came into the estate
- Documenting everything that went out
- Calculating what’s left to distribute
- Filing the accounting with the court
- Getting beneficiary approval
- Making final distributions to heirs
- Filing closing documents with the court
So all in all, you’re looking at somewhere between 9 months to a year for a straightforward estate.
What Can Make Probate Take Longer?
Some estates take longer than that typical timeline. Let me tell you what can slow things down.
Complex Assets
If the estate includes a business, complicated investments, or property in multiple states, that adds time. Each of those things requires additional work and often additional legal processes.
Real Estate Issues
If the house needs significant repairs before it can be sold, or if the market is slow, that can add months to the process. I’ve seen properties sit on the market for six months or more in certain situations.
Proper preparation and pricing are crucial here—which is why working with someone who understands probate real estate can save you significant time.
Family Disputes
This is honestly the biggest thing that slows down probate. If family members are fighting about:
- The will’s validity
- Who should be executor
- Who gets what property
…that can drag things out for years. I’ve seen families end up in litigation that takes two or three years to resolve.
Estate Tax Complications
If the estate is large enough to owe federal or state estate taxes, there’s additional paperwork and waiting involved. You might need to:
- File estate tax returns
- Get professional appraisals
- Wait for tax clearances
All of this takes time.
Missing or Incomplete Documents
If the will can’t be found, or if there are questions about whether it’s valid, that creates delays. Or if you can’t locate all the assets or you’re having trouble tracking down beneficiaries, all of that adds time.
Creditor Claims and Disputes
If creditors file claims and there are disputes about whether those debts are valid, you might need hearings or negotiations to resolve those.
What Can Make Probate Go Faster?
The good news is there are things you can do to keep the process moving as efficiently as possible.
1. Be Organized from Day One
The more organized you are at the beginning, the smoother everything goes.
- Gather all the important documents right away
- Make lists of assets and debts
- Keep detailed records of everything you do
2. Communicate Clearly with Everyone
Keep the beneficiaries informed about what’s happening. Return phone calls and emails promptly. The more everyone understands what’s going on, the less likely you are to run into disputes or delays.
3. Hire Professionals When You Need Them
Get an attorney to guide you through the legal requirements. If there’s real estate to sell, work with an agent who understands probate properties. If the finances are complex, consider hiring an accountant.
Trying to save money by doing everything yourself can actually cost you more time in the long run.
4. Stay on Top of Deadlines
There are specific deadlines throughout the probate process. Missing a deadline can set you back weeks or months. Mark everything on your calendar and set reminders.
5. Address Problems Early
If you see potential issues coming up, deal with them right away. Don’t wait for small problems to become big problems.
6. Keep the Property Maintained
If there’s real estate in the estate, don’t let it sit empty and deteriorate. Keep the lawn mowed, the utilities on, and the property secure. A well-maintained property will sell faster when the time comes.
Small Estate Shortcuts
Remember, if the estate qualifies as a small estate, you might be able to use a simplified process that’s much faster.
In North Carolina, if the personal property is valued at $20,000 or less (or $30,000 or less with a surviving spouse), you can file a simple affidavit.
That process can be completed in just a few weeks instead of many months. I covered this in detail in another post, so check that out if you think your situation might qualify.
What About Special Circumstances?
Let me touch on a couple of special situations.
If There’s No Will
When someone dies without a will, it’s called dying “intestate.” The process is similar, but it can take a bit longer because:
- The court has to determine who the heirs are according to state law
- There’s usually more paperwork involved in the appointment process
If the Will Is Being Contested
If someone is challenging the validity of the will, the entire probate process basically stops until that’s resolved. Will contests can take anywhere from several months to several years depending on the complexity.
If There Are Disputes About the Executor
Sometimes family members fight about who should serve as executor. Those disputes have to be resolved before the probate process can really move forward.
The Bottom Line: What to Expect
So to summarize:
✓ Most straightforward probate cases in North Carolina take 9 months to a year
✓ The absolute minimum is usually 6 months because of required waiting periods
✓ Complex estates or those with disputes can take much longer—sometimes years
✓ If you qualify for the small estate process, you might be done in just a few weeks
My best advice? Be patient, but stay proactive. Understand that some waiting is just part of the process. But don’t let things sit idle either. Keep moving forward with the tasks you can control. And work with professionals who can help you navigate it efficiently.
Need Help Navigating the Probate Timeline?
If you’re in the middle of probate right now and you’re feeling overwhelmed, take a deep breath. It’s a process. One step at a time.
If there’s real estate involved, that’s what I’m here for. I can help you:
- Understand the timeline for selling estate property
- Keep the property maintained during probate
- Price it correctly when you’re ready to list
- Navigate the specific requirements for probate real estate sales
- Avoid delays that cost the estate money
Need a probate attorney recommendation? I work with excellent probate attorneys here in the New Hanover County area who can guide you through the process efficiently and correctly.
Have questions about your specific timeline? Reach out and let’s talk about your situation. I can help you understand what to expect and what you can do to keep things moving.
More Probate Resources
Make sure to check out my other guides on probate:
- What is probate and do you need it?
- How to file for probate in New Hanover County
- How much does probate cost?
- 5 reasons you need probate
- 5 reasons you don’t need probate
- How to choose a probate attorney
I cover every aspect of the probate process to help families like yours navigate this challenging time with clarity and confidence.
I hope this gave you a realistic picture of the probate timeline. If you found this helpful, make sure to check back for more resources on handling probate in North Carolina.
Thanks for reading, and I’ll see you in the next post.