Last Updated: Aug 25, 2026
Read Time: 4 mins
How long does the probate process take? I often pose this question at seminars and get a variety of answers. Two of my favorite answers are “years” and “forever.” While neither answer is correct, it typically indicates that someone in the room (or perhaps a friend or neighbor) has had a bad experience with Probate Court at some point. In Tennessee, a Probate Estate must remain open for a minimum of four (4) months from the time of first publication. This period is designed to give creditors time to come forward and assert a claim against the Estate. An Estate must remain open the full four (4) months regardless of whether the deceased person had any debts.
Time Starts to Run on the Date of “First Publication”
When an estate is opened in Shelby County Probate Court, the clerk’s office notifies The Daily News, and they publish a public notice regarding the opening of the Estate, typically within a week of the opening of the Estate. This first publication marks the start of the four (4) months, and the Estate cannot be closed until 4 months after the date of first publication.
However, bear in mind that this is a minimum amount of time, and there is no guarantee that the Estate can be closed at the end of the 4 months. I frequently tell clients that 6-9 months is a more realistic average for a straightforward Probate Process. The “first accounting” is not due until 15 months from the opening of the Estate, so if the Estate is closed out within that 15 month period, you are still doing pretty well.
Why does the Probate Process take so long?
So what makes the probate process last beyond the 4 months? A number of factors often contribute to how long a Probate Estate is open. Preliminarily, there are 8-10 steps that must be completed for every Probate Estate regardless of the size of the Estate, the cooperation of the Beneficiaries, or the debts of the deceased person. If these steps have not been completed or if the proper letter has not been received from Tenncare of the Tennessee Department of Revenue, the Estate cannot be closed. If there are minor Beneficiaries involved and the Will does not contain instructions on holding those funds in trust, we often have to seek court guidance and have additional hearings regarding handling these funds. Likewise, if Beneficiaries are fighting, the Probate Process will often take significantly longer than the 4 month minimum. If the decedent left a number of debts, and creditors have filed claims against the Estate, each valid claim must be paid in full or settled before the Estate can be closed. If the decedent had property in more than one state, the process can take much longer. These are just a few of the factors that can contribute to a lengthier Probate Process.
Every Probate Case is Different
Although the correct answer is rarely, if ever, “years” and definitely not “forever,” the Probate Process can last much longer than Beneficiaries are expecting. The Probate Estate that is open for years is not the norm, but most attorneys who do a lot of Probate work will typically have at least a couple of cases that drag on for one reason or another. In many cases, where everything is straightforward, 6 months should be a reasonable estimation of how long it takes. Unfortunately, we often can’t predict when we open an Estate the circumstances that may arise, so while it may seem simple on the front end, it could also turn out to be more complex. If we know some of the complicating circumstances in the planning stages, we can often incorporate strategies to avoid some of the Probate pitfalls.
Need help with Probate Court?
Please call us at 901-372-5003. We know you have a lot on your mind and the thought of going to court can be overwhelming. We are experienced probate lawyers and we can guide you through the Probate Process.
How to Avoid Probate
Did you know that you can eliminate the Probate Process altogether through revocable living trust planning? If you would like to learn more about Probate or about planning to avoid probate, please call us. We can guide you through an Estate Plan designed specifically for you and your family.
Patterson Bray
20+ Years of Experience
24/7 Call Answering
Nashville & Memphis Offices
Reach out to Patterson Bray and an attorney will follow up with you soon.
Posted on Google Ashton HTrustindex verifies that the original source of the review is Google. We’ve had an outstanding experience with this firm across multiple needs, including trust document creation and forming an LLC. From start to finish, they were professional and proactive. They made sure we understood every step of the process and checked in to confirm our preferences, as well as offering thoughtful alternatives whenever something didn’t feel like a good fit. That level of communication and attention to detail is rare. Every interaction built confidence that we were in the right hands. They not only handled the legal work effectively, but also made the entire process feel manageable and well-guided. We cannot recommend them highly enough and will absolutely continue using them in the future.Posted on Google Judy sTrustindex verifies that the original source of the review is Google. Attorney Judith Denham and her legal assistant, Gaby Wright, made a great team in creating a trust for me. Judith explained everything in a clear, cohesive way and set up a trust in a timely manner. She gave me a binder for my trust with all the legal paperwork sectioned off in tabs so I can find things easily. When I had questions, Judith and Gaby were responsive and helpful. I give them my highest recommendation.Posted on Google Nancy JTrustindex verifies that the original source of the review is Google. I am so pleased with my new relationship with Judith Dunham and her fantastic team! They helped me create a Trust and end of life documents that I understand and feel very comfortable with. It’s a relief to have this life task well updated and I’m very grateful to Judith, Gabby and the whole team! If you’re looking for very professional, reliable assistance with these type documents, they are wonderful!Posted on Google Davis WTrustindex verifies that the original source of the review is Google. This website was clear and easy to navigate. It does a good job of explaining services and further supports itself with testimonials.Posted on Google MTrustindex verifies that the original source of the review is Google. I had a few (what I would consider) silly questions to ask the legal team at Patterson Bray PLLC. Having very little knowledge of the situation I needed clarity on, I had no idea what to expect. I was met with nothing but professionalism and warmth from attorney Rachel Meadows. She gave me information I didn’t even remotely consider, and my questions were thoroughly answered without judgement. She could have certainly given me less detailed responses, but I felt that she genuinely cared about my situation, and appreciated her taking me seriously. I’m extremely impressed with the service I received from this law firm and will happily recommend it.Posted on Google Zack CTrustindex verifies that the original source of the review is Google. After bringing up my specific legal issue, I was quickly and throughly informed on how to get started with hiring an attorney as well as informed on whether or not I have a claim to begin with. They answered all of my questions professionally to a point that I feel extremely satisfied with using their services.Posted on Google Dennis nTrustindex verifies that the original source of the review is Google. Very clearly explained their pricing structure. Rachel was wonderful to speak with.Posted on Google Marilyn ATrustindex verifies that the original source of the review is Google. Carlisle Dale was very helpful with Estate Planning; outlined strategy, estimates and followed-up promptly with well organized deliverables. Thank you!
comes next.