Word Probate and Judge's gavel

How Long Does Probate Take in New York vs. New Jersey?

Probate is the legal process of settling a deceased person’s estate, including validating the will, paying debts, and distributing assets to beneficiaries. While the core steps are similar across states, the timeline can vary significantly depending on local laws, court procedures, and estate complexity. If you are navigating probate in New York or New Jersey, understanding the average duration and key differences can help you plan more effectively and avoid unnecessary delays.

At Steketee Law Firm, our New York and New Jersey estate planning lawyers can help you. We help you navigate probate, or create an estate plan to help avoid it whenever possible. 

Probate Timeline in New York

In New York, probate typically takes 9 to 18 months for a straightforward estate. However, more complex cases can stretch to 2 to 3 years. The process begins when the nominated executor files a petition with the Surrogate’s Court to validate the will and receive “letters testamentary,” which authorize them to act on behalf of the estate.

Key stages and timeframes of New York probate:

  • Executor Appointment: 2 to 6 months, depending on court backlog and cooperation from heirs
  • Estate Settlement: 6 to 12 months, including asset collection, debt payment, and tax filings
  • Final Distribution and Closing: 3 to 6 months, assuming no disputes or audits

Factors that can delay probate in New York may include:

  • Missing or incomplete paperwork
  • Family disputes or will contests
  • Difficulty locating heirs or beneficiaries
  • Court scheduling delays
  • Need for a Guardian Ad Litem or Public Administrator

Even in simple cases, New York’s probate courts are known for procedural complexity and slow processing times. Working with an experienced estate attorney can help expedite filings and avoid common pitfalls.

Probate Timeline in New Jersey

In New Jersey, a typical estate takes 12 to 18 months to settle, though contested or complex cases may extend to 2 years or more. The process begins when the executor files the will with the Surrogate’s Court at least 10 days after the decedent’s death.

Key stages and timeframes of New Jersey probate:

  • Will Filing and Executor Appointment: Within 2 to 4 weeks of death
  • Asset Inventory and Debt Resolution: 6 to 12 months
  • Final Accounting and Distribution: 3 to 6 months

Factors that can delay probate in New Jersey:

  • Will contests filed in Superior Court
  • Disputes among beneficiaries
  • Large or complex estates requiring asset valuation
  • Missing or outdated estate documents
  • Appointment of an administrator in intestate cases

New Jersey’s probate system is generally more streamlined than New York’s, especially for uncontested wills. However, estates without a valid will or clear executor can face significant 

Tips To Expedite Probate In Either State 

Every case is different, but some tips can certainly help move things along in either New York or New Jersey:

Client is consulting with lawyer
  • Organize Documents Early: Gather the will, death certificate, asset lists, and beneficiary information
  • Communicate with Heirs: Secure signed waivers and consents to avoid delays
  • Hire a Probate Attorney: Legal guidance can streamline filings and reduce errors
  • Avoid Probate Where Possible: Use trusts, joint ownership, and beneficiary designations to transfer assets outside probate

Ultimately, the best way to streamline probate is early intervention with an attorney. Pre-plan your estate to avoid probate whenever possible. If you need help in probate, your attorney can help you avoid the common mistakes that lead to missed assets, lengthier finalizations, and significant costs.

Learn More About Probate in New York and New Jersey

Probate in New York and New Jersey can be time-consuming, but understanding the process and preparing in advance can help minimize delays. Whether you are an executor, beneficiary, or family member, working with a qualified estate attorney ensures compliance with state laws and protects the decedent’s legacy.

Our team at Steketee Law Firm helps individuals like you create the estate plan that best fits their needs. Contact us today for a consultation.