How Long Does Probate Take? Timelines Across Canada and the US

The honest answer most people can't get a straight version of: somewhere between a few months and a year and a half, with the typical estate landing around 6 to 12 months. Here's what drives that range, and how to land at the short end of it.

What probate actually is, in one line

Probate is the court step that confirms who has authority to settle an estate and gives them a document (a certificate, grant, or "letters") that banks and land registries will honour. Not every estate needs it — but when it's required, it sets the clock.

The honest average: 6 to 18 months

Most estates settle in 6 to 12 months. Simple estates with a clear will and few assets can wrap in 3 to 6 months. Complicated ones — disputes, businesses, property in multiple places — can run 18 months or more. The court certificate itself is often just a few weeks to a few months; the rest of the time is the actual work of settling.

Canada snapshot

• Ontario: Certificate of Appointment typically a few weeks to a few months after a complete application; full settlement usually 12–18 months once you account for the final tax return and CRA clearance.
• British Columbia: a mandatory 21-day notice period to beneficiaries must pass before you can even submit the probate application; grants then take roughly 4–12 weeks depending on the registry.
• Alberta: straightforward applications often see a grant in 2–4 months; the Surrogate process is document-heavy, so completeness matters.

US snapshot

• California: among the longest — formal probate commonly runs 9 months to 1.5+ years, partly because of a mandatory creditor-claim window and court scheduling.
• Texas: with independent administration (common there), it can be one of the faster states — sometimes 6 months or less.
• New York: Surrogate's Court typically 7 months to over a year, longer if the will is contested.

What slows probate down

• A creditor-claim period that legally must run its course (often 2–6 months) before you can safely distribute.
• Missing or incomplete paperwork — the single most common, and most avoidable, delay.
• Real estate, especially in another province or state, which can trigger a second probate.
• Disputes — a contested will or an unhappy beneficiary can add many months.
• Taxes — waiting for a clearance (CRA in Canada, or closing letters in the US) before distributing.

How to actually speed it up

1. Order death certificates early and in quantity — almost every step stalls without them.
2. Submit a complete application the first time. Rejected or returned applications are the biggest self-inflicted delay; this is where a probate lawyer or our jurisdiction guides earn their keep.
3. Respond to the court and institutions quickly — keep one folder, reply same-week.
4. Get professional help for the complex parts (business valuations, multi-jurisdiction property) rather than learning them slowly.
5. Don't distribute early to save time — it can make you personally liable and cost far more than it saves.

Foxglove is a guide, not a law firm. General information only, not legal or tax advice; timelines vary by court and situation. We'll point you to your jurisdiction's specifics and a qualified professional when you need one.