After Mom or Dad

Book Two · Being in Charge · Chapter 10

How long will this take?

“The lawyer says a year. My sister wants her share now. Who's right?”

The short answer

There is no national answer. Each state sets its own steps, and each estate brings its own complications.

There is a shortest time, though. It is set by your state's claim period for creditors, and an estate going through probate can't usually close before that. What stretches it is ordinary: finding everything, selling a house, taxes, a dispute, or a second state.

This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.

What to do

  1. Ask the probate court for its claim period and the usual steps there.
  2. Write a rough timeline, with the things that could stretch it.
  3. Send it to every beneficiary, in writing, at the same time.
  4. Update it whenever something changes, and send it again.

What can wait

Who can help

You can ask the probate court clerk about the court's claim period, its usual steps and the forms it uses.

Your lawyer, if you have one, can tell you what is likely to stretch this estate. If money is tight, legal aid offices give free civil legal help to people with low incomes. The Legal Services Corporation's online tool at lsc.gov finds the office for your area; whether it handles estates varies, so ask.

The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.

From Book 2: Being in Charge

This page has the short answer and the closing lists from chapter 10. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers months 1 to 9 after the death.

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