One of the most frequent questions we get about the probate process is-How long will this take?
The simple answer is-IT DEPENDS. There are a number of factors that determine how fast an estate will be closed, but the answer depends on how fast each step in the process of probate is completed. The only real step in the process that requires actual waiting is governed by Mississippi Code 91-7-145 which provides the notice to creditors timeline. The Notice must run three consecutive weeks in the newspaper of the decedent’s residence and then 90 days must pass from day of first publication before the Estate may be closed.
In simpler terms, the publication must run 90 days before the Petition to close may be filed and property may be distributed. So at the minimum it takes about 100 days to close an Estate.
In reality, we tell our clients that probate normally takes 5-6 months to complete barring any unforeseen difficulties. This is a timeline that we are able to meet a majority of the time in these cases.