Realistic Holiday Expectations for Scheduling, Timelines, and Getting Started with Probate
When a loved one passes away — especially in the middle of the holiday season — the emotional weight is already heavy enough. But many families quickly discover another challenge: it can be difficult to secure an appointment with a probate attorney during this time of year.
Law firms often have:
reduced holiday staffing
scheduled closures
attorneys and court personnel on vacation
end-of-year deadlines
judges and clerks operating on limited hours
So if you reach out in late November, December, or early January, it’s important to understand that the process may take a little longer to begin than it would any other time of the year.
This blog is meant to set those expectations clearly — so you don’t feel ignored, confused, or abandoned by the legal system during a difficult time.
Step 1: Scheduling the Initial Consultation — Timeline: 7–10 Days
During most of the year, consultations are often scheduled within a week or two.
But during the holidays, you may experience:
slower communication due to office closures
reduced receptionist or staff availability
delayed document review
postponed intake responses
In some cases, it may take 7–10 business days rather than 3–5 days to get onto an attorney’s calendar.
This is not a reflection of the importance of your situation — it’s simply a seasonal reality.
If there is a true emergency — such as:
a house being emptied
assets being moved
someone attempting to assume control of accounts
suspected exploitation
— most firms (including ours) will make every effort to triage the matter quickly.
Step 2: Expect a Consultation Fee
The consultation fee is not a holiday surcharge — it is standard practice.
It compensates the firm for:
administrative intake
reviewing your documents
checking the legal history
researching title or property issues
preparing for, and attending the initial consultation
the attorney’s time giving advice and analysis
Even in December, the firm is doing real legal work before and during your consultation.
Step 3: The First Meeting — What It Will Look Like
Come prepared! During the consultation, the attorney will ask questions to determine:
whether probate is required
who may serve as personal representative
whether there are disputes
whether there is a will or trust
whether anyone is objecting
what assets need to be located or secured
Even if the meeting takes place over the holidays, the attorney’s role is the same: to help you understand your legal position and next steps. The best thing you can do is to be prepared; obtain the death certificate, locate all important documents, discuss the situation with your family, bring copies of deeds, titles, bank statements, etc. When you are prepared and organized, your attorney, and the law firm has less work to do, making the intake process for your matter quicker and more efficient.
Step 4: Hiring the Attorney — When You Are Ready
After the consultation:
the firm sends an engagement agreement
the scope of work is clarified
fees or statutory compensation structures are explained
communication procedures are outlined
However, due to holiday schedules:
sending the agreement may take a couple extra days
signatures may be slower to process
attorney onboarding may take slightly longer
Step 5: Filing with the Court — Timeline: 2–6 Weeks Over the Holidays
Courts also operate differently in November and December:
judges take leave
clerks are short-staffed
filings may sit longer
hearings are harder to schedule
So instead of the usual 2–4 week timeframe for initial filings, a holiday-season probate may take 3–6 weeks to complete initial court actions.
This can feel frustrating — especially when grief is fresh and family members are anxious — but it’s important to remember: probate rarely requires instant same-day action.
Step 6: The Overall Holiday Probate Timeline
A typical uncontested probate might take:
9–12 months under normal conditions
but
12–15 months if it begins during the holidays
due to delayed onboarding, slower court processing, and year-end administrative delays.
Probate litigation — will contests, fraud allegations, removal actions — can go well beyond that timeframe..
The Holiday Reality: You’re Not Alone
Many families:
discover assets need to be secured
uncover unclear wills or outdated documents
realize there’s no named executor
encounter resistance from other heirs
experience banking or account access issues
during late November, December, and early January.
The legal system simply moves slower at this time of year — and that’s okay. Most probate matters are not jeopardized by a two- or three-week delay.
Our Promise to Clients
At The Probate Law Center, we know that losing a loved one during the holidays comes with an added layer of emotional strain. We do everything we can to help clients navigate this difficult time with:
clarity
transparency
compassion
realistic expectations
Even when schedules are tight and courts are slow, we are here to guide you through.
Disclaimer: This post provides general information and is not legal advice. For advice specific to your situation, please consult an attorney licensed in your state.