How long probate takes depends mostly on where the person lived, how their assets were owned, and whether anyone disputes the will. A simple estate in Maryland or Washington, D.C. often takes somewhere around 7 to 12 months, because creditor and accounting deadlines set a minimum pace. In Texas, streamlined options can sometimes wrap up a simple estate in a few months.

Below, we walk through what actually sets the clock, how the timeline differs in Maryland, D.C., and Texas, and what tends to slow things down.

What is probate, and why does it take time?

Probate is the court-supervised process of confirming a person’s will (if there is one), appointing someone to manage the estate, paying valid debts and taxes, and transferring what is left to the people entitled to it. It takes time mainly because the law gives creditors a set window to come forward, and the estate generally should not be fully distributed until that window closes.

The person in charge is called a personal representative in Maryland and D.C., and an executor (or administrator, if there is no will) in Texas. For a full walkthrough of that role, see: What Does an Executor Actually Do? Duties, Deadlines, and Personal Liability.

What are the biggest factors in how long probate takes?

The biggest factors are the creditor claim period, the size and type of the assets, whether an estate tax return is required, and whether family members agree. A small estate with a clear will, cooperative heirs, and only bank accounts can move quickly. An estate with real estate to sell, a business, missing heirs, or a will contest can take years.

Other common drivers include:

• Real estate. Selling a house means preparing, listing, and closing, which can add months.

• Hard-to-value assets. Businesses, collectibles, and out-of-state property may need appraisals or a second probate in another state.

• Taxes. Estates that must file an estate tax return usually stay open at least until the return is filed and accepted.

• Disputes. Disagreements over the will, the choice of personal representative, or how assets are divided can add significant time, sometimes a year or more.

How long does probate take in Maryland, D.C., and Texas?

Maryland

Creditor deadline. Most claims against a Maryland estate are barred unless presented within the earlier of 6 months after the date of death, or 2 months after the personal representative mails or delivers a written notice to a particular creditor (Md. Code, Est. & Trusts § 8-103).

Reporting deadlines. A personal representative in a regular estate must file an inventory within 3 months of appointment and a first account within 9 months of appointment, with further accounts every 6 months until the estate closes.

Faster paths. Maryland offers:

• Small estate administration when probate assets are $50,000 or less, or $100,000 or less if the surviving spouse is the sole heir or legatee. These are usually handled administratively through the Register of Wills.

• Modified administration for qualifying regular estates, generally where the estate is solvent and the remaining beneficiaries are close family members exempt from inheritance tax. It must be elected within 3 months of appointment and replaces formal accounts with a final report due within 10 months, with distribution within 12 months.

Most uncontested Maryland estates are opened through administrative probate, handled by the Register of Wills. Judicial probate before the Orphans’ Court is used when there is a dispute, a question about the will, or a request that requires a hearing, and it usually takes longer.

Washington, D.C.

Creditor deadline. Claims are generally barred unless presented within 6 months after the first publication of the notice of the personal representative’s appointment (D.C. Code § 20-903). That notice must be published within 20 days after appointment, once a week for 2 successive weeks.

Inventory. The personal representative prepares a verified inventory within 3 months of appointment.

Faster paths. Since March 2025, D.C. allows property worth $80,000 or less to be administered as a small estate. D.C. law also added a simpler transfer-by-affidavit option for certain very small estates without real property. In practice, many simple D.C. estates still take at least the 6-month creditor period plus the time to close out.

Texas

Creditor notice. A Texas personal representative must publish notice to creditors within 1 month after receiving letters (the court document confirming their authority), and give separate notice to secured creditors. In independent administration, a secured creditor generally has until the later of 6 months after letters are granted or 4 months after receiving notice to elect how its claim will be treated.

Inventory. The inventory, appraisement, and list of claims is due before the 91st day after the representative qualifies, unless the court allows otherwise.

Faster paths. Texas offers several options that can shorten the timeline:

• Independent administration, where the executor acts with limited court supervision after the initial appointment. Many Texas wills request this, and it is often much faster than dependent (court-supervised) administration.

• Muniment of title, where the court admits the will as proof of who owns the property without appointing an executor. It is generally available only when the estate has no unpaid debts other than debts secured by real estate liens (Tex. Est. Code § 257.001), or the court finds administration unnecessary.

• Small estate affidavit, available in certain cases without a will when estate assets, excluding the homestead and exempt property, do not exceed $75,000.

One Texas-specific deadline matters a great deal: a will generally must be offered for probate within 4 years of death. After that, letters testamentary usually cannot be issued, and options narrow.

Probate timelines at a glance

Typical timelines are general estimates, not guarantees. Every estate is different.

Do estate taxes make probate take longer?

Estate taxes can add time, because the estate usually stays open until any required return is filed and the tax is paid. The good news is that most estates are well below the thresholds.

• Federal: For people who die in 2026, the federal basic exclusion amount is $15,000,000 per person, under the 2025 federal tax law. A federal estate tax return (Form 706), when required, is due 9 months after death, with an automatic 6-month extension to file available.

• Maryland: Maryland has both an estate tax (exclusion amount of $5,000,000, plus any unused exclusion carried over from a deceased spouse) and an inheritance tax. The inheritance tax is 10% on property passing to more distant relatives and non-relatives; spouses, children and other lineal descendants, parents, siblings, and certain others are exempt.

• Washington, D.C.: D.C. has an estate tax. For deaths in 2026, the exclusion amount is $4,988,400, and the D.C. return is generally due within 10 months after death.

• Texas: Texas does not currently impose a state estate or inheritance tax.

Even when no estate tax is owed, the personal representative typically files the decedent’s final income tax return, and the estate may need its own income tax return if it earns income while open.

Can you avoid probate or speed it up?

Many assets never go through probate at all, including jointly owned property with survivorship rights, accounts with a named beneficiary, and assets held in a living trust. The less that passes through probate, the simpler and often faster the process. For more, see: Assets That Skip Probate: Joint Accounts, Beneficiary Designations, and Trusts.

If probate is needed, steps that often help include gathering records early, locating the original will, keeping heirs informed, and choosing the simplest procedure the estate qualifies for.

Frequently asked questions

Can beneficiaries get anything before probate ends?

Sometimes. A personal representative may make partial distributions once it is reasonably clear there is enough to pay debts, taxes, and expenses. Distributing too early can expose the personal representative to personal liability if creditors or taxes go unpaid, so caution is wise.

Does probate take longer if there is no will?

It can. Without a will, the court appoints an administrator under a priority list set by law, heirs must be identified under intestacy rules, and a bond is more likely to be required. Texas options like muniment of title are not available without a will.

What happens if a house needs to be sold during probate?

The personal representative generally has authority to sell real estate, though the procedure varies by jurisdiction and by the powers granted in the will. The sale timeline, from preparing the home to closing, often becomes the longest part of the estate.

When is an estate officially closed?

In Maryland, an estate typically closes when the court approves the final account or the final report under modified administration. In D.C. and Texas, the closing steps depend on the type of administration, but they generally require showing that debts are paid and assets distributed.

Talk it through with us

Losing someone is hard enough without guessing at court deadlines. We handle probate on a flat-fee basis whenever possible, with simple probate starting at $3,000 when there is a will and $4,500 when there is not, so you know the cost upfront. Learn more about our probate and trust administration services.

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This article is general information, not legal advice. Reading it does not create an attorney-client relationship.