"How long will this take?" is the first question most families ask when facing the probate process. The honest answer: it depends. But here are realistic timelines based on Nassau County Surrogate's Court processing times.
Typical Timelines
Uncontested Probate with Waivers: 3–5 Months This is the fastest scenario. All beneficiaries and heirs sign Waiver and Consent forms (agreeing to skip formal citation service). No hearing is needed. The court reviews the paperwork and issues Letters Testamentary.
Uncontested Probate with Citations: 5–8 Months If any party cannot be located or refuses to sign a waiver, formal citation service is required. This adds time for service, the return date, and court processing.
Contested Probate: 1–3+ Years If someone objects to the will (files a contest), the case enters litigation. This may involve discovery, depositions, and ultimately a trial before the Surrogate. Contested cases are rare but can be extremely lengthy and expensive.
What Affects the Timeline?
Factors That Speed Things Up - All parties sign Waivers and Consents before filing - Clean, well-organized documents - Attorney handles the filing - Estate is straightforward (cash accounts, no real property disputes)
Factors That Slow Things Down - Missing or damaged original will - Heirs in foreign countries (international service required) - Estate tax issues (ET-117 processing takes 3–6 months) - Will contest or objections from any party - Missing witnesses to the will - Incomplete or inaccurate petition forms
Tips to Move Faster
- Get waivers signed first. Before filing your petition, have all beneficiaries and heirs sign Waiver and Consent forms. This is the single biggest time-saver.
- File complete paperwork. Incomplete filings get sent back. Double-check every form before submission.
- File ET-85 early. If estate taxes are involved, file the estate tax return immediately. The ET-117 (tax lien release) takes months.
- Use NYSCEF. Electronic filing through the New York State Courts Electronic Filing system can be faster than in-person filing.
For the complete step-by-step process, see our Probate Guide.