How long does probate take? Deadlines by state

General information, not legal, tax or financial advice. Last reviewed Nov 1, 2026.

Quick answerMost estates can’t close until the creditor claim period ends, and that alone takes months: in New Hampshire, California, Florida and Ohio the basic claim period runs about 3 to 6 months. State law then sets checkpoints. Florida expects the final accounting within 12 months of letters and California a closing petition or status report within 1 year; Ohio expects a final account within 6 months unless an exception applies. Estates that owe a federal estate tax return, face a will contest or must sell property can take longer, and courts can extend these deadlines.

What sets the pace

Getting appointed. Filing the will and the petition, and waiting for the court to issue letters.
Notices. Notifying beneficiaries and creditors.
Inventory. Listing and valuing the assets.
Creditor period. Waiting for claims, then paying or rejecting them.
Taxes. The final income tax return, any estate income tax returns, and, for large estates, a federal estate tax return due 9 months after death (extensions available).
Selling property if needed. See selling a house during probate.
Final accounting, distribution and discharge.

Form 706 is due within 9 months after the date of death; extensions available. Source: IRS – Instructions for Form 706, checked Nov 1, 2026.

Key deadlines in our pilot statesState law

State	Inventory due	Creditor claim period	Closing checkpoint
New Hampshire	90 days after appointment	Claims must be presented within 6 months after the original grant of administration	Account of administration within 1 year after appointment, then annual accounts until the final account
California	4 months after letters	Later of 4 months after letters or 60 days after notice is mailed or delivered to the creditor	Petition for final distribution or status report within 1 year after letters (18 months if a federal estate tax return is required)
Texas	90 days after qualifying	Notice to claimants published within 1 month of letters; unsecured creditors given a permissive notice must present claims before the 121st day after receiving it	No fixed deadline for independent administration, but beneficiaries can demand an accounting at 15 months and seek distribution at 2 years. In a court-supervised estate, failing to settle by the third anniversary of letters is a ground for removal unless extended
Florida	60 days after letters	Later of 3 months after first publication of the notice to creditors or 30 days after service on a creditor; claims generally barred 2 years after death	Final accounting and petition for discharge within 12 months after letters (or 12 months after a federal estate tax return is due), unless extended
Ohio	3 months after appointment	6 months after the death, whether or not an executor is appointed	Final and distributive account within 6 months after appointment, unless an exception applies (such as an Ohio estate tax return, a will contest, a lawsuit or insolvency)

Inventory within 90 days; account within one year. Source: RSA 554:26-a, checked Nov 1, 2026.
Claims presented within six months after the grant of administration. Source: RSA 556:3, checked Nov 1, 2026.
Annual accounts. Source: RSA 554:26, checked Nov 1, 2026.
Inventory within four months. Source: Cal. Prob. Code § 8800, checked Nov 1, 2026.
Creditor deadline. Source: Cal. Prob. Code § 9100, checked Nov 1, 2026.
One-year (or 18-month) closing or status report. Source: Cal. Prob. Code § 12200, checked Nov 1, 2026.
Inventory within 90 days. Source: Tex. Estates Code § 309.051, checked Nov 1, 2026.
Notice to claimants within one month. Source: Tex. Estates Code § 308.051, checked Nov 1, 2026.
Accounting at 15 months. Source: Tex. Estates Code § 404.001, checked Nov 1, 2026.
Accounting and distribution at two years. Source: Tex. Estates Code § 405.001, checked Nov 1, 2026.
Failure to settle by the third anniversary of letters is a removal ground. Source: Tex. Estates Code § 361.052, checked Nov 1, 2026.
Inventory within 60 days; final accounting within 12 months. Source: Fla. Prob. R. 5.340, 5.400, checked Nov 1, 2026.
Creditor deadline. Source: Fla. Stat. § 733.702, checked Nov 1, 2026.
Two-year bar. Source: Fla. Stat. § 733.710, checked Nov 1, 2026.
Inventory within three months. Source: Ohio Rev. Code § 2115.02, checked Nov 1, 2026.
Claims within six months after death. Source: Ohio Rev. Code § 2117.06, checked Nov 1, 2026.
Final account within six months; exceptions. Source: Ohio Rev. Code § 2109.301, checked Nov 1, 2026.

The Texas 121-day rule applies only to unsecured creditors who were sent the optional notice; see the Texas probate page. Real cases often run longer than these checkpoints because courts can extend them.

Ways to make it faster

Check whether a small-estate shortcut applies: NH · CA · TX · FL · OH.
Keep assets out of probate in the first place: how to avoid probate.
Answer creditor and court mail quickly and keep records as you go. Use the executor checklist.

Not yet verified: typical real-world probate durations by county. Courts don’t publish these consistently, so we only list legal deadlines.

After a death: your state

New Hampshire · California · Texas · Florida · Ohio

Probate courts: NH · CA · TX · FL · OH

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