How to Claim Your Inheritance: The Complete Process Guide

When someone passes away and leaves you an inheritance, here's what happens: the estate goes through probate (a legal process), debts and taxes get paid first, and then the remaining assets get distributed to heirs. The whole process typically takes 6-18 months, though it can be faster for smaller estates or longer for complex ones.

If you're waiting to receive an inheritance, you probably have a lot of questions. How does the money actually get to you? What paperwork do you need? And most importantly—how long is this going to take?

This guide walks you through every step of the inheritance process, from the moment someone passes away to when you finally receive your share.

What Is an Inheritance?

An inheritance is anything of value that passes to you after someone dies. This includes:

• Cash – Money in bank accounts, savings, and checking
• Real estate – Houses, land, rental properties
• Investments – Stocks, bonds, retirement accounts, brokerage accounts
• Personal property – Vehicles, jewelry, art, furniture, collectibles
• Business interests – Ownership stakes in companies

The person who passes away is called the "decedent." You're either an "heir" (someone entitled to inherit under state law) or a "beneficiary" (someone specifically named in the will or trust).

How Inheritances Get Distributed: Step by Step

Here's exactly what happens after someone dies and how their assets eventually reach the people they left them to.

Step 1: The Death Certificate Is Filed

Within days of death, someone (usually a family member or the funeral home) files for the official death certificate. You'll need certified copies of this document throughout the process—typically 5-10 copies.

Why it matters to you: You can't access any accounts or start probate without the death certificate. Get multiple certified copies.

Step 2: The Will Gets Located and Read

If there's a will, someone needs to find it. Common places include:

• Safe deposit boxes
• Home safes or filing cabinets
• With an attorney
• County recorder's office (some states allow will registration)

The executor named in the will is responsible for carrying out the deceased person's wishes. If there's no will, the court appoints an administrator (usually a close family member).

Step 3: Probate Begins

Probate is the court-supervised process of settling an estate. The executor files a petition with the probate court in the county where the deceased lived.

What happens during probate:

1. Court validates the will (confirms it's legal and authentic)
2. Executor is officially appointed and given legal authority
3. Creditors are notified and given time to file claims
4. Assets are inventoried and appraised
5. Debts and taxes are paid from the estate
6. Remaining assets are distributed to beneficiaries

Not every estate goes through full probate. Small estates (thresholds vary by state—typically $50,000 to $184,500) may qualify for simplified procedures.

Step 4: Assets Are Inventoried

The executor must identify everything the deceased owned:

• Bank and investment account statements
• Real estate deeds
• Vehicle titles
• Life insurance policies
• Retirement account statements
• Business ownership documents
• Valuable personal property

Some assets need professional appraisals—real estate, art, jewelry, businesses, or anything where the value isn't obvious.

Step 5: Debts and Taxes Get Paid First

Before any beneficiary receives a dime, the estate must pay:

Priority debts (paid first):

• Funeral and burial expenses
• Estate administration costs
• Attorney and executor fees

Other debts:

• Medical bills
• Credit card balances
• Mortgage and loan balances
• Outstanding taxes

Taxes owed:

• Final income tax return for the deceased
• Estate income tax (if the estate earned money during probate)
• Federal estate tax (only for estates over $13.61 million in 2024)
• State estate or inheritance tax (6 states have inheritance tax, 12 have estate tax)

Important: If debts exceed assets, the estate is "insolvent" and beneficiaries may receive nothing. Creditors get paid before heirs.

Step 6: Assets Are Distributed to Beneficiaries

Once all debts are settled and the creditor claim period has passed (typically 3-6 months depending on state), the executor can distribute what's left.

How you receive your inheritance depends on what type of asset it is:

The executor will send you a check or arrange the transfer once all legal requirements are met.

What Documents Do You Need to Claim Your Inheritance?

To receive your inheritance, you'll typically need:

Personal Identification

• Government-issued photo ID (driver's license or passport)
• Social Security number

Proof of Your Relationship/Beneficiary Status

• Copy of the will showing you as beneficiary
• Letters Testamentary (court document naming the executor)
• Death certificate of the deceased

For Specific Asset Types

• Real estate: Original deed, property tax statements
• Bank accounts: Account statements, bank's affidavit of heirship
• Vehicles: Title, registration
• Investment accounts: Account statements, beneficiary forms

For Inheritance Advances

If you need to access money before probate closes, you'll need:

• Death certificate
• Copy of the will
• Probate case information
• Estimate of your inheritance share

How Long Does the Inheritance Process Take?

This is the question everyone wants answered. Here's the reality:

Factors That Speed Things Up

• Clear, uncontested will
• Simple assets (mostly cash and bank accounts)
• No disputes among family members
• Independent administration (less court supervision)
• Experienced executor
• Estate planning done beforehand (trusts, beneficiary designations)

Factors That Slow Things Down

• Will contests or family disputes
• Complex assets (businesses, multiple properties)
• Outstanding debts or tax issues
• Missing documents or heirs
• Out-of-state property (requires ancillary probate)
• Inexperienced executor
• Court backlogs (common in large cities)

Common Delays and How to Avoid Them

Here are the most common reasons inheritances take longer than expected—and what you can do about them:

Delay: The Executor Is Slow or Unresponsive

Sometimes executors don't prioritize the estate, especially if they're family members dealing with their own grief.

What you can do: Communicate clearly with the executor. If they're failing their duties, beneficiaries can petition the court to remove them.

Delay: Someone Contests the Will

Will contests happen when someone believes the will is invalid (due to undue influence, lack of mental capacity, or improper execution).

What you can do: Be prepared for this to add 1-3+ years to the process. An inheritance advance can help you access funds while litigation continues.

Delay: Creditor Claims

Every state requires a waiting period for creditors to file claims—typically 3-6 months. The estate can't distribute assets until this period ends.

What you can do: Nothing speeds this up. It's a legal requirement designed to protect creditors.

Delay: Tax Complications

If the deceased had unfiled tax returns, complex tax situations, or the estate owes estate tax, sorting this out takes time.

What you can do: Hire a CPA experienced with estate taxes. The IRS and state tax authorities must be satisfied before assets can be distributed.

Delay: Property That Won't Sell

If the estate includes real estate that needs to be sold, market conditions and buyer availability affect timing.

What you can do: Price the property appropriately. Sometimes a quick sale at a slightly lower price makes more sense than waiting months for top dollar.

What If You Need Your Inheritance Money Sooner?

Waiting 6-18 months (or longer) for your inheritance isn't always realistic. Bills don't wait, and financial emergencies happen.

If you're a beneficiary waiting for probate to close, you have options:

Option 1: Request a Partial Distribution

Some states allow executors to make partial distributions to beneficiaries before probate closes, as long as:

• Enough assets remain to cover debts and expenses
• All beneficiaries agree
• No will contests are pending

Pros: No cost to you Cons: Executor may refuse; not available in all situations

Option 2: Get an Inheritance Advance

An inheritance advance (also called a probate advance) gives you cash now in exchange for a portion of your future inheritance.

How it works:

1. You apply and provide basic estate information
2. The funding company reviews the estate
3. If approved, you receive cash in 24-48 hours
4. When probate closes, the funding company gets paid from your share

Key features:

• Not a loan – No monthly payments, no interest accruing
• No credit check – Approval based on your inheritance, not your credit score
• No risk to other heirs – Only your share is affected
• No repayment if estate fails – If the estate has insufficient assets, you keep what you received

This option makes sense if you need funds for:

• Funeral and burial costs
• Mortgage or rent payments
• Medical bills
• Legal fees related to the estate
• Living expenses during a difficult time

Learn more about how inheritance advances work →

Assets That Bypass Probate (Faster Inheritance)

Some assets pass directly to beneficiaries without going through probate. If your inheritance includes these, you may receive money much faster:

Beneficiary Designations

• Life insurance policies
• Retirement accounts (401k, IRA, pension)
• Payable-on-death bank accounts
• Transfer-on-death investment accounts

Timeline: Often 1-4 weeks after filing claims with each institution

Joint Accounts and Property

• Joint bank accounts with right of survivorship
• Real estate owned as joint tenants with right of survivorship
• Community property with right of survivorship (in some states)

Timeline: Immediately upon death with proper documentation

Living Trust Assets

• Any assets held in a revocable living trust

Timeline: Usually 2-8 weeks, no court involvement

If you're named as beneficiary on any of these, contact the institution directly—you don't need to wait for probate.

Frequently Asked Questions

How do you receive inheritance money?

Once probate is complete and all debts are paid, the executor sends you a check or arranges a wire transfer for cash inheritances. Real estate gets transferred via a new deed. Stocks and investments are either transferred to an account in your name or liquidated and distributed as cash.

How to claim an inheritance from a deceased relative?

First, contact the executor named in the will. Provide your identification and proof of your relationship or beneficiary status. The executor handles the legal process—your main job is providing required documents and keeping communication open.

How long does it take to get inheritance money?

Most straightforward estates take 6-12 months to close. Simple estates with no real estate may close in 3-6 months. Complex estates with multiple properties, business interests, or family disputes can take 2+ years.

What if there's no will?

If someone dies without a will (called dying "intestate"), state law determines who inherits and in what shares. The court appoints an administrator to manage the estate. Distribution follows a specific order: surviving spouse first, then children, then parents, then siblings, and so on.

Can creditors take my inheritance?

Creditors of the deceased can file claims against the estate—they get paid before beneficiaries. However, your personal creditors generally cannot take your inheritance once you receive it (though this varies by state and situation). Once inherited assets are in your accounts, they may be subject to your own creditors.

What taxes do I pay on inheritance?

Most beneficiaries pay no taxes on inherited assets. There's no federal inheritance tax. Only 6 states have inheritance taxes (Iowa, Kentucky, Maryland, Nebraska, New Jersey, Pennsylvania). Income earned on inherited assets after you receive them is taxable.

Next Steps

If you're currently waiting for an inheritance, here's what to do:

1. Get organized – Gather any documents you have about the estate
2. Communicate with the executor – Understand the timeline and what's happening
3. Plan for the wait – Probate takes months; budget accordingly
4. Consider your options – If you need funds now, explore inheritance advances

The inheritance process can feel slow and frustrating, especially when you're also grieving. But understanding each step helps you know what to expect and plan accordingly.