Probate is one of the most misunderstood—and underestimated—aspects of estate administration. Trust & Will’s most recent State of Probate Study reveals widespread confusion about probate court timelines, costs, and the emotional tolls it can take. As the $124 trillion Great Wealth Transfer accelerates, the need for probate education has never been greater.

This guide breaks down key probate statistics, seeking to clear up common misconceptions and help set expectations. Keep reading to get answers to the most commonly asked questions about probate.

What Is Probate Court?

Probate is the legal process of verifying a deceased person’s will, appointing a personal representative, paying debts, and distributing remaining assets. The court oversees this process, which can vary widely based on state law, the estate’s complexity, and whether or not a valid estate plan is in place.

When is probate required?

Probate rules vary from state to state. The need for probate often depends on the total value of the estate, how assets were titled, and whether a trust was in place. 

50% of Americans do not know if their state requires probate. This demonstrates the need for education around state-based probate rules, and tips to help families determine when probate is necessary. 

How hard is the probate process?

More than half of Americans (52%) expect probate to be a “somewhat” or “very difficult” process. Yet only 40% believe they truly understand how it works. 13% expect a “very easy” process, while 25% are unsure of whether or not probate can be challenging.

In general, Americans seem to share that probate is a process that poses challenges. Common questions around probate include “what are the problems with probate,” and “why does everyone want to avoid probate?” These questions indicate a negative association, and that probate is something that should be avoided when possible.

While the requirement of probate varies on a case-by-case and state-by-state basis, there are strategies that can be used to minimize the possible downsides of probate.

Solutions include proactive estate planning and the use of trusts. Learn more about how probate works, about the probate process, and tips and strategies on avoiding probate in our comprehensive probate guide.

Key Probate Findings 

How long does probate usually take in the U.S.?

According to the study, the average probate process lasts 20 months. 

However, the probate process varies in length, typically anywhere between 6 and 24 months. The length is often indicated by the complexity of estates, as well as the number of probate cases pending in any given jurisdiction.

Do Americans understand how long probate lasts?

According to Trust & Will’s survey of 1,000 Americans, only 2% were aware that probate lasts 20 months on average. 37% of respondents weren’t sure how long probate takes, 15% expect it to take just 1 to 3 months, while the remaining 3% believe the process is immediate. 

The data informs that the vast majority of Americans are largely unaware of just how long probate takes.

Average Timeline: Nationally, the average probate lasts ~20 months. Here’s a breakdown of probate duration for a few sample states: 

• Alaska: 6 months to 1 year, often longer (small estates via affidavit can close after 30 days).

• California: 9 months to several years; ~1.5 years on average.

• Colorado: 9 to 24 months on average (minimum 6-month court open period even for informal cases).

• Florida: 6 to 9 months for formal probate (longer if contested; shorter for simple cases).

• New York: 7 to 9 months on average (can be longer for complex estates).

• Texas: 6 months to >1 year.

Is probate expensive?

Probate costs in the U.S. typically range from $22,500 to $52,500 on a $750,000 estate. 

56% of survey respondents believe that probate costs $1,000 or less, despite actual costs ranging 3 to 7 percent of total estate value. Only 4% of respondents expect probate to exceed $10,000. These results demonstrate that the majority of Americans significantly underestimate probate expenses. 

Probate Costs by State and Estate Size

How much does an estate have to be worth to go to probate?

While thresholds vary by state, even small estates can trigger costly probate fees without proper planning and taking advantage of legal protections.

• Probate costs increase with estate size and complexity

• Filing fees, appraisal costs, attorney fees, and court fees all add up

• Some states offer simplified probate for smaller estates, but most Americans don’t know if they qualify

You can get more tips on knowing when probate is required in our guide here.

How to Determine Your Estate Value (Example)

To find out whether or not an estate will need to go through probate, you’ll need to know how to calculate your estate value.

Many estates offer a simplified probate process, such as a “summary probate.” If your state offers a simplified or streamlined probate process, you’ll also want to know the estate value threshold amount. For example, in California, the amount is currently $208,850 (subject to change.)

If the total estate value is at or under this amount, then the estate qualifies for summary probate. If the estate value is over this amount, then the estate must go through the full probate process.

Estate Value for Probate Calculation

Here’s an example of how to calculate your total estate value. Let's say that the gross value of the estate is $300,000 at the time of passing. The decedent had placed a total of $10,000 in assets in a trust (which does not enter probate). They also had several accounts with beneficiary designations that pass directly to the person named. This included their retirement savings account and life insurance policy that totaled $150,000. After subtracting the trust assets and accounts with beneficiary designations, the net estate value that will be probated is $140,000.
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If this estate belonged to a California resident, then it would qualify for California’s summary probate process.

This example illustrates how proper planning can be powerful. By maximizing the use of trusts and other estate planning strategies such as beneficiary designations, you can bring an estate from above the threshold to below the threshold. While avoiding probate entirely may not be possible, it is worthwhile to qualify for the streamlined or expedited probate process whenever possible. 

Do You Need a Probate Attorney?

While a probate attorney is not necessarily required to administer an estate, 65% of Americans say they would rely on a probate attorney or other professional. This highlights how most people feel unprepared or inadequate to handle probate on their own.

Who else do people turn to for help? 15% of Americans would rely on their spouses, followed by extended family members (14%), a friend with probate experience (13%), and last but not least, 12% would handle the process on their own.

Probate Misconceptions Are Common

For the many Americans facing one of life’s most emotionally challenging moments—such as the loss of a loved one—misconceptions about how probate and inheritance work are all too common, often leaving them unprepared for what lies ahead.

Is inheritance automatic after death?

While many Americans (48%) believe that inheritance is not automatic, a large number (35%) assume the answer is yes. In reality, it's more complicated.

The truth? Assets don’t always pass to heirs automatically—especially if no beneficiary designations or trusts are in place. Without proper estate planning documents, the probate court—and not the family—will determine how assets are distributed. That process can take months, or even years, depending on the estate’s complexity. Not only does this mean that inheritance often isn’t an automatic process, a prolonged probate process can eat into the total value of that inheritance. 

The Great Wealth Transfer Is Coming

Over the next 20 years, an estimated $124 trillion in wealth will change hands between generations. This shift—commonly referred to as ‘the Great Wealth Transfer’—puts more families at risk of going through probate if they aren’t prepared.

This highlights the urgent need for Americans to clear up probate misconceptions, harness the power of estate planning, and learn how to avoid probate whenever possible. While probate may be required at times, it is entirely possible to leverage estate planning strategies to both minimize the adverse impacts of probate as well as help speed up the process. 

How to Prepare for Probate Court: Action Steps

If you’re navigating probate or expect to in the future, here are some steps you can take:

• Understand your state’s probate laws and requirements.

• Keep a detailed inventory of your assets and liabilities to estimate your estate value.

• Create or update your estate plan with a comprehensive Trust Plan.

• Take advantage of beneficiary designations whenever possible (these assets do not pass through probate).

• Work with a probate specialist or attorney when needed. Trust & Will offers members one-on-one Attorney Support for just $299 per year. 

Probate Needs More Public Awareness

The 2024 Probate Study is clear: Americans don’t fully understand the probate court process—but they know it’s complicated. With millions about to inherit assets, the need for probate education is urgent. Even if your family isn’t passing down much, probate can still be a drawn-out, expensive process—with emotional and financial costs that quickly add up. Every person, regardless of their wealth status, would benefit by filling their knowledge gaps surrounding probate.

The solution? Proper education and empowered estate planning.

Trust & Will is leading the way by making estate planning more accessible and affordable for all Americans. 

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