The short answer is that you may not know without analysis by an attorney of the precise titling and approximate value of all assets held by the decedent at the time of his or her death. Otherwise, very practically, you will find out suddenly one day when trying to collect or manage an asset and a financial institution, government agency, title/escrow company, or some third party tells you a probate is required to sell or manage some asset. (Ideally, you avoid finding out the latter way by undertaking the analysis described in the first sentence.)

First, you may wish to start with this outline of the three kinds of estate administration on our home page.

Probate is a court-based process intended to “prove” a will. “Administration” is a nearly identical court-based process intended to determine the proper legal “heirs at law” of an “intestate” (one who dies without a will). Both kinds of court proceedings are generally (if imprecisely) referred to as “probate.”

Probate or administration is generally required to retitle assets left in an individual’s name without a “non-probate transfer” mechanism in place (such as a transfer-on-death or pay-on-death agreement, a beneficiary designation, or a community property agreement). Neither process is required for assets left in a trust’s name.

Both processes result in a court issuing “Letters Testamentary” or “Letters of Administration,” permitting a “personal representative” (or “executor”) to administer and retitle assets and make certain required reports on the decedent’s behalf.

Sometimes probate is not required for certain assets, such as a family business interests, having only one possible beneficiary, or in estates of a smaller total value with no real property interests. Other assets nearly always trigger the need for probate (such as real property or investment assets left in an individual’s name).

Whether an estate requires probate requires a legal analysis specific to the facts of a specific decedent. Others’ experience is usually unhelpful another’s analysis. We suggest consulting an experienced probate lawyer.

Many court-based probates or administrations warrant the publication of notice to creditors, because loved ones wish to “cut off claims” to the decedent’s assets before they receive distribution of the assets. This notice period alone lasts four months. And that “creditor notice period” can only begin after probate papers are prepared and filed with a court and a personal representative is appointed.

In Idaho, probate or administration “closing papers” cannot be requested until six months after the date of death. Rarely is a probate or administration matter completed within six months, unless it is extremely straightforward.

The final step in many estate administrations is the filing of final federal and state income tax returns. Thus, depending on the time of year a person dies, tax returns may not even be able to be filed for several months after the estate is administered and ready for distribution. (In these cases, it may be acceptable to make “interim distributions” of estate assets above the amount needed to meet tax obligations and final fees.)

In light of these varying circumstances, you will understand that estate administration is truly fact-specific and rarely takes fewer than several months. That said, with strategic planning and communication, administration need not take years to complete as some fear. This is why we approach administration strategically before filing court papers, not as a process to be initiated first and figured out later.