How Long Can You Keep An Estate Open After Death?

How long can you keep an estate open after death?

In this article, you’ll learn about:

how long you can keep an estate open in each state
how long you have to probate a will in each state
deadlines for the probate process
how long probate takes
what happens during probate
what happens if an estate is not closed

Let’s dig in.

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Key Points About Keeping An Estate Open After Death

The average time it takes to probate a will is 3 years.
The average time an estate can stay open is 2 years.
Idaho has the longest time to probate a will, taking 4 years.
Maryland and Pennsylvania have the shortest time an estate can stay open, at 2 years.
94% of states allow an estate to stay open for 2 years or less.

How Long Can You Keep An Estate Open After Death?

The average time that you can keep an estate open after death is 2 years.

94% of states allow an estate to stay open for 2 years after someone’s death.

But the executor or administrator can file extensions.

The courts will grant extensions for estates that need them.

But, what if the executor abuses the extensions?

The courts will either:

hold them in contempt (i.e., fines)
remove them and appoint someone else

Technically, the executor can keep filing extensions.

And they can keep the estate open indefinitely after death.

This table shows how long you can keep an estate open after death in each state.

State	How Long To Probate A Will	How Long An Estate Can Stay Open
Alabama	3 years	2 years
Alaska	2 years	2 years
Arizona	2 years	2 years
Arkansas	3 years	2 years
Colorado	3 years	2 years
Connecticut	3 years	3 years
Delaware	3 years	2 years
District of Columbia	3 years	2 years
Florida	2 years	2 years
Georgia	4 years	3 years
Hawaii	3 years	2 years
Idaho	4 years	1 year
Illinois	3 years	2 years
Indiana	2 years	2 years
Iowa	4 years	2 years
Kansas	2 years	2 years
Kentucky	3 years	2 years
Louisiana	3 years	1 year
Maine	3 years	1 year
Maryland	3 years	2 years
Massachusetts	3 years	2 years
Michigan	3 years	2 years
Minnesota	3 years	2 years
Mississippi	4 years	2 years
Missouri	3 years	2 years
Montana	3 years	2 years
Nebraska	3 years	2 years
Nevada	2 years	2 years
New Hampshire	3 years	2 years
New Jersey	3 years	2 years
New Mexico	3 years	2 years
New York	3 years	2 years
North Carolina	3 years	2 years
North Dakota	3 years	2 years
Ohio	3 years	2 years
Oklahoma	3 years	2 years
Oregon	3 years	2 years
Pennsylvania	2 years	2 years
Rhode Island	3 years	2 years
South Carolina	3 years	2 years
South Dakota	4 years	2 years
Tennessee	4 years	2 years
Texas	4 years	2 years
Utah	3 years	2 years
Vermont	3 years	2 years
Virginia	4 years	1 year
Washington	4 years	2 years
West Virginia	3 years	2 years
Wisconsin	4 years	2 years
Wyoming	3 years	2 years

The time to probate a will can be longer than how long the estate can stay open after death.

The “time to probate a will” refers to how long a will remains valid.

A will becomes voided after a certain period of time if it’s not filed.

For example, in Georgia, a will gets voided if it’s not filed within 4 years.

And the estate will get distributed per intestate laws.

What Does “Keeping An Estate Open” Mean?

Keeping an estate open refers to the time between:

someone dying
the assets getting fully distributed

The executor or administrator of the estate is responsible for:

managing the assets
paying off debts and taxes
distributing the remaining assets to the beneficiaries

How long an estate stays open after death depends on:

the state’s probate laws
the complexity of the estate

Here are some examples:

If the estate is simple and all parties cooperate, the probate process can take as little as 6-9 months in some states.
If the estate is large and complex, with multiple assets and disputes among beneficiaries, it could take several years to fully probate.
In some states, the probate process can be expedited for small estates with a total value of less than $50,000.
In cases where the deceased had significant debts, the probate process may take longer to resolve creditor claims before distributing assets to beneficiaries.
If the estate plan is incomplete or there are disputes over the validity of the will, probate proceedings could be extended until these issues are resolved.

Deadlines For An Estate After Death

Here are the common deadlines of an estate after someone’s death.

Deadline #1: Filing a Will

It’s important to file a will within 10-90 days after death.

(Assuming a valid will exists.)

Failure to file the will within 90 days may result in:

the distribution of belongings being altered
the possibility of being sued by a beneficiary

Intentionally hiding or ignoring a will is considered a criminal offense.

Deadline #2: Initiating Probate

Executors usually have 30 days after a will is filed to initiate probate.

Let’s say the executor does not file a petition for probate within this timeframe.

Then any interested party to the estate can initiate probate, such as:

family members
beneficiaries
creditors

Just file a petition with the probate court in the county the deceased person lived in.

The court will then appoint an administrator to:

handle the estate
distribute assets according to the state’s laws

Deadline #3: Claiming a Debt Against an Estate

Creditors have 30 – 120 days to claim a debt against an estate after getting notice.

Executors need to contact anyone owed money by the deceased.

Creditors usually have 1-4 months to claim their debt.

Filing notice to creditors early can potentially leave more assets for beneficiaries.

Deadline #4: Filing a Tax Return

Executors should file a tax return on behalf of the deceased or estate.

This should get done by the following tax season to avoid:

extra penalties
interest

File the tax return as soon as possible to prevent any unnecessary delays or issues.

How Long Does Probate Take?

Probate takes 6 – 24 months to complete on average.

Here is a breakdown of how long each step of probate takes.

Stage of Probate Process	Estimated Timeframe
Filing the petition for probate	1-6 months
Inventory and appraisal	2-4 months
Notification of creditors	2-6 months
Payment of debts and taxes	6-12 months
Final distribution of assets	12-24 months

Here is a rough timeline of the probate process:

Filing the petition for probate: The executor or administrator of the estate must file a petition for probate with the court. This typically happens within a few weeks to a few months after the death.
Inventory and appraisal: The executor or administrator is generally required to file an inventory of the decedent’s assets with the court within 90 days of being appointed. The assets must be appraised to determine their value.
Notification of creditors: The executor or administrator must notify the decedent’s creditors of the probate proceeding and give them an opportunity to file claims against the estate. This typically happens within a few months of the filing of the petition for probate.
Payment of debts and taxes: The executor or administrator must pay any debts and taxes owed by the decedent before distributing assets to the beneficiaries. This process can take several months to a year or more, depending on the complexity of the estate.
Final distribution of assets: Once all debts and taxes have been paid, the executor or administrator can distribute the remaining assets to the beneficiaries. This typically happens within a year or two of the filing of the petition for probate.

What Happens During Probate?

During the probate process, several things need to happen.

What happens during probate depends on the estate’s:

size
complexity
the state the estate is located in

But the common things that happen during probate are:

Filing the petition for probate: The first step in the probate process is to file a petition with the probate court to open the estate. The court will then appoint an executor or personal representative to manage the estate.
Identifying and notifying heirs and beneficiaries: The executor or personal representative will need to identify and locate all of the decedent’s heirs and beneficiaries, and provide them with notice of the probate proceedings.
Inventory and appraisal: The executor or personal representative will need to take an inventory of all the assets in the estate and have them appraised. This includes identifying and valuing any real estate, bank accounts, investments, personal property, and other assets.
Notification of creditors: The executor or personal representative must notify any known creditors of the estate, as well as publish a notice to creditors in a local newspaper to alert any unknown creditors.
Payment of debts and taxes: The executor or personal representative is responsible for paying off any debts owed by the estate, including funeral expenses, outstanding bills, and taxes.
Final distribution of assets: Once all debts and taxes have been paid, the executor or personal representative can distribute the remaining assets to the heirs and beneficiaries according to the terms of the will or state law if there is no will.
Closing the estate: Once all tasks have been completed and the court approves the final distribution, the estate can be closed.

The executor or administrator of the estate is responsible for these tasks.

They are appointed by the court to manage and distribute the assets.

And they must follow the will’s instructions or the state laws.

What Happens If An Estate Is Not Closed?

If an estate is not closed, it can cause a variety of issues and complications.

Some of the potential consequences include:

Delays in distributing assets: If an estate is not closed, the assets may not be distributed to the beneficiaries in a timely manner. This can lead to frustration and financial hardship for those who are waiting for their share of the estate.
Increased expenses: Keeping an estate open can also lead to increased expenses, such as legal fees and taxes. These costs can eat away at the value of the estate, leaving less for the beneficiaries.
Risk of litigation: If the estate is not closed, it may be vulnerable to legal challenges from beneficiaries or creditors. This can result in lengthy court battles and further delays in distributing assets.
Difficulty in selling assets: If the estate includes property or other assets that need to be sold, keeping the estate open can make it more difficult to find buyers and complete the sales.

Risk of penalties: In some cases, failing to close an estate in a timely manner can result in penalties or fines from the court or government agencies.

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How Long Can You Keep An Estate Open After Death?

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

Key Points About Keeping An Estate Open After Death

How Long Can You Keep An Estate Open After Death?

What Does “Keeping An Estate Open” Mean?

Deadlines For An Estate After Death

Deadline #1: Filing a Will

Deadline #2: Initiating Probate

Deadline #3: Claiming a Debt Against an Estate

Deadline #4: Filing a Tax Return

How Long Does Probate Take?

What Happens During Probate?

What Happens If An Estate Is Not Closed?

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