One of the most common questions families ask after the death of a loved one is: “When will I receive my inheritance?” The honest lawyer’s answer is, It depends.
While it would be nice if inheritances were paid out quickly and easily, the probate and estate administration process is rarely straightforward. Courts, paperwork, family dynamics, and creditor claims all impact the timeline. That said, most beneficiaries can expect a rough timeframe—usually one to one and a half years from the time a lawyer becomes involved, provided there are no significant complications.
To better understand the process, let’s walk through the three main phases of estate administration and the factors that can either speed things up or slow them down.
Phase 1: Appointing an Executor or Administrator
The first phase of any estate is getting the right person appointed by the court to manage it. This person is known as the executor (if there’s a valid will) or the administrator (if there isn’t one).
This process comes with several steps:
- Identifying Heirs
The closest heirs must be identified before the court can move forward. If heirs are limited to easily identifiable children, the process moves relatively quickly. However, if heirs are distant relatives, such as first cousins once removed, or challenging to locate, this step can take significantly longer. - Preparing and Sending Paperwork
The attorney drafts and sends the necessary court paperwork to heirs and other interested parties. - Waiting for Responses
All required parties must sign and return paperwork. If everyone cooperates, this step can be smooth. However, delays often occur when individuals procrastinate or choose to contest the will. - Court Review
Once the paperwork is submitted, the court reviews it. New York courts, for example, are notoriously busy. If additional documentation is required—or if heirs file objections—this step can take months or even years.
Timeline: Phase 1 can take anywhere from two months to several years, depending on the complexity, level of cooperation, and court schedules.
Phase 2: Marshaling Assets and Paying Debts
Once the executor or administrator (collectively referred to as the fiduciary) is officially appointed, they must locate and manage all the deceased’s assets. This includes:
- Gathering financial accounts
- Taking control of real estate or selling it
- Collecting personal property
- Filing necessary tax returns
The fiduciary must also pay off the deceased’s debts and liabilities before distributing the funds. Creditors in New York have seven months after appointment to assert claims against the estate. Because of this, it is strongly recommended that fiduciaries wait at least that long before distributing any funds to beneficiaries.
Timeline: At a minimum, Phase 2 takes seven months, but it can stretch longer if assets are difficult to locate, real estate sales are complicated, or tax filings are required.
Phase 3: Accounting and Distribution
After assets are collected and debts paid, the fiduciary must prepare an accounting for the beneficiaries. This accounting details:
- All money and property that came into the estate
- All payments made for debts, taxes, and expenses
- The remaining amount available for distribution
Beneficiaries are then asked to sign a release, acknowledging the fiduciary’s work and freeing them from liability. Only after these releases are signed should distributions be made.
If all parties agree, this phase is relatively straightforward. However, if a beneficiary objects—claiming mismanagement, unfair treatment, or entitlement to more funds—the process can stall for months or even years.
Timeline: If uncontested, Phase 3 may take a few months. Contested estates, however, can take years to resolve.
The Realistic Timeline for Receiving an Inheritance
By combining all three phases, a straightforward estate (with no contests, minimal heirs, and cooperative beneficiaries) can often be settled in 12 to 18 months.
However, if disputes arise, heirs cannot be located, the will is contested, or the estate owns assets that are difficult to sell, the process can drag on much longer. Unfortunately, some estates remain in probate for several years.
Factors That Can Delay Your Inheritance
- Heirs who contest the will or fight over distributions
- Missing or uncooperative heirs who delay paperwork
- Court backlog (common in New York and other states with busy probate courts)
- Difficult-to-sell real estate or businesses that must be valued
- Unpaid taxes or creditor claims that take time to resolve
Tips for Beneficiaries
- Be patient: Estate administration is a legal process with required timelines.
- Cooperate promptly: Return paperwork quickly to avoid unnecessary delays.
- Communicate with the fiduciary: Staying informed reduces frustration.
- Seek legal advice if necessary: If you suspect mismanagement, consult your own attorney.
Planning Makes All the Difference
So, when will you receive your inheritance? In most cases, you can expect to wait at least one year to a year and a half after the attorney becomes involved. Although it may seem lengthy, the process is designed to ensure fairness, settle debts, and comply with the law.
The best way to avoid long, costly probate delays is through advance estate planning. Tools like revocable living trusts, updated wills, and beneficiary designations can dramatically reduce the time it takes for loved ones to receive their inheritance.
At Miller & Miller Law Group, we guide families through both proactive estate planning and the probate process with clarity and compassion. Whether you’re planning your own estate or waiting on an inheritance, we can help you navigate the process and protect your family’s future.
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This article is a service of Miller & Miller Law Group. We do not just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love.
