Probate is the court-supervised process of validating a will, paying the decedent's debts, and distributing the remaining assets to the rightful heirs. Although the underlying concepts are similar nationwide, the procedural mechanics differ from state to state in ways that materially affect cost, timeline, and the level of court involvement. A probate in California can take nine to eighteen months and cost 4 to 7 percent of the gross estate, while a comparable proceeding in Texas might conclude in four months under an independent administration. Understanding which rules apply in the state where the decedent lived — and where each piece of real property is located — is the first step toward managing expectations and expense.
The five stages of probate
Regardless of jurisdiction, a typical formal probate moves through five recognizable stages. First, an interested party — usually the named executor or a family member — files a petition with the probate court in the county where the decedent was domiciled at death. The petition asks the court to admit the will to probate, if one exists, and to appoint a personal representative. Notice of the hearing must generally be given to all heirs at law and beneficiaries named in the will, and in many states notice must also be published in a local newspaper for several consecutive weeks.
Second, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), which officially empower the personal representative to act on behalf of the estate. Third, the personal representative inventories and appraises the estate's assets, often engaging a professional probate referee or appraiser. Fourth, the representative publishes notice to creditors and pays valid claims — a step that consumes anywhere from three to six months depending on state law. Fifth, after creditors are paid and any required accountings are filed, the representative distributes the remaining assets to beneficiaries and petitions for discharge.
Each stage has its own procedural traps. A missed notice to a heir can invalidate the entire proceeding months later. An incomplete inventory can expose the personal representative to personal liability for unpaid creditors. And rushing to distribute assets before the creditor claim period expires is the single most common error that lands executors in front of a judge.
Formal, supervised, and unsupervised administration
States generally offer three tiers of probate supervision, though the terminology varies. Formal probate is a full court proceeding: the will is proven through testimony or self-proving affidavits, the personal representative is appointed by court order, and significant actions — such as selling real estate — require prior court approval. This tier is mandatory in some states for contested estates or when the will is more than a few years old.
Supervised administration, used in many Uniform Probate Code (UPC) states, gives the court ongoing oversight. The personal representative must file annual accountings and obtain court approval before distributing assets, but day-to-day administration is handled without constant hearings. Unsupervised or independent administration — available in Texas, Missouri, and several other states — lets the personal representative act without prior court approval on most matters, file a single closing statement at the end, and only return to court if a beneficiary objects. Independent administration typically costs half as much as supervised and finishes in roughly half the time.
Creditor claim periods: 3 to 6 months
The creditor claim period is the legal window during which the decedent's creditors must file a written claim against the estate or be forever barred. This period is set by statute and ranges from three months in some UPC states to six months in California under Probate Code § 9100. In New York, creditors have seven months from the date letters are issued (SCPA § 1802), while Texas Estates Code § 308.104 sets a four-month period from the date the representative gives notice.
The personal representative must publish notice to creditors in a newspaper of general circulation and, in many states, must also mail individual notice to known or reasonably ascertainable creditors. Mailed notice typically shortens the claim period for that creditor to 30 or 60 days, even though the published period runs longer. Creditors whose claims are rejected by the representative have a further 60 to 90 days to file a formal lawsuit against the estate.
California, Florida, and Texas compared
California governs probate through Probate Code §§ 8000–13050, a comprehensive framework that requires formal court oversight for most estates of meaningful size. California is unusual in setting statutory attorney and personal representative fees as a percentage of the gross estate — 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and so on under Probate Code § 10800 — meaning a $1 million estate generates roughly $23,000 in attorney fees and an equal amount for the personal representative before any other costs.
Florida operates under Chapter 733 of the Florida Statutes, which favors a more streamlined "summary administration" for estates under $75,000 or for decedents dead more than two years. Florida's formal probate, called "formal administration," typically takes six to nine months and attorney fees are usually computed under a presumptively reasonable schedule set by Florida Bar guidelines rather than as a fixed statutory percentage.
Texas follows the Estates Code (formerly the Probate Code, recodified in 2014). Texas is widely regarded as one of the most efficient probate jurisdictions because it permits independent administration under Estates Code § 401.005 — essentially unsupervised administration — whenever the will authorizes it or when all beneficiaries consent. A straightforward independent administration in Texas can wrap up in four to six months with total cost under $5,000 for a mid-sized estate.
UPC states versus non-UPC states
The Uniform Probate Code, originally promulgated in 1969 and revised in 1990, has been adopted in whole or in part by approximately 18 states, including Arizona, Colorado, Florida, Michigan, Minnesota, Montana, and New Mexico. UPC states generally offer three procedural tracks: informal (no court hearings), formal (court hearing required), and supervised (ongoing oversight). The informal track is available when there is no contest, no need to determine heirs, and a valid will with a self-proving affidavit.
Non-UPC states like California, New York, and Texas each have their own procedural codes that may borrow concepts from the UPC without adopting it wholesale. New York's Surrogate's Court Procedure Act (SCPA), for example, distinguishes between small estates (under $50,000, handled by voluntary administration under SCPA § 1301) and full administrations. California's Probate Code contains several UPC-inspired provisions but retains distinctive features such as the percentage-based fee schedule and the mandatory probate referee appraisal system.
Small-estate shortcuts and thresholds
Every state offers some form of small-estate procedure that bypasses formal probate for estates below a statutory threshold. The mechanism is typically a sworn affidavit — sometimes called a small-estate affidavit or affidavit of heirship — that the heir presents directly to banks, brokerages, and the Department of Motor Vehicles. Thresholds vary widely: California allows the affidavit for estates under $184,500 (Probate Code § 13100), Texas sets the limit at $75,000 (Estates Code § 205.001), Florida at $75,000, Washington at $100,000, and New York at $50,000.
These thresholds typically exclude the value of real estate, vehicles transferred by title, and assets that pass by beneficiary designation — meaning the practical eligibility limit is often higher than it first appears. Most states also require a waiting period of 30 to 45 days after death before the affidavit can be used, plus a sworn statement that all creditors have been or will be paid. For a deeper look at the affidavit process, see our small-estate affidavit guide or estimate your filing costs using our probate fee calculator.
Last reviewed July 9, 2026. This article is informational and does not constitute legal, tax, or financial advice. Consult a qualified professional for guidance specific to your situation.