How long does probate take?

A small estate that does not require the filing of an Ohio estate tax return and has no credit issues often can be settled within six months of the appointment of the executor or administrator.  However, if an Ohio or a federal estate tax return is required, the administration of the estate can last more than a year.  (Estate taxes are not due until nine months after the decedent’s death.)  If there is an audit of an estate tax return, the administration can take an additional year or more, and an executor or administrator cannot safely distribute all of the estate assets until released from personal liability for estate taxes.  An extraordinary administration involving a contested will or complicated tax litigation may take several years to complete.  Claims against the estate may be made up to six months from the date of death.  However, in many cases, distributions of most or all estate assets do not necessarily have to wait until all probate matters have been completed.