When a loved one dies, one of the first questions family members often have is: How long is probate going to take?
The short answer is that there is no single timeline that applies to every Texas estate. A relatively straightforward estate with a valid will, an independent executor, cooperative beneficiaries and no major creditor or property issues moves through probate much more quickly than an estate involving a will contest, unidentified heirs, court supervision, estate tax, complicated assets, or disputes. A straightforward estate probate is often completed within months, while more complicated contested estates or heirships with administration can drag on for years.
Texas law does, however, establish several deadlines and waiting periods during the probate process that apply across the board. Understanding those steps can give families a better idea of what happens after a probate case is filed and what can affect how long the estate takes to settle.
What Is Probate?
Probate is the legal process used to handle the administration of a decedent’s certain property and obligations. If the decedent left a will, an interested party such as the named administrator in the will can apply to admit the ill to probate. The court will review the will and if there are no issues will admit it to probate at a hearing. The administration of the estate will then include gathering estate assets, addressing debts and taxes, notifying beneficiaries, preparing an inventory, and ultimately distributing property to the people entitled to receive it. If someone dies without a will—known as dying intestate—a determination of heirship and application for administration proceeding may also be used to determine the person’s heirs and
administer the estate.
Not every asset necessarily goes through probate. For example, life insurance or retirement accounts with named beneficiaries, certain payable-on-death accounts, and property held with joint tenancy with rights of survivorship may pass directly to the person the decedent selected outside of probate.
Because every estate is different, the first step is usually determining what actually needs to be probated and what type of probate proceeding is appropriate.
A Typical Texas Probate Timeline
While the exact timing will vary, most probate administrations generally involve the following stages:
Step 1: Find a Local Attorney with Expertise in Probate and Estate Administration.
If you have a lawyer you have worked with on other matters, ask them to refer you to an experienced probate lawyer in your area to advise you and help navigate the probate process. Specialized knowledge, experience with probate law, and an understanding of the local probate courts is critical.
Step 2: Locate the Will and Gather Initial Information
Before filing anything with the court, you and your attorney will typically need to gather basic information about the decedent, including:
• Decedent’s original will and codicils or a copy of the will if the original will is lost
• The death certificate
• The last three digits of decedent’s driver license and social security number
• Information about beneficiaries and/or heirs
• A general understanding of the decedent’s assets
• Information about known debts and creditors
Finding the original will is particularly important. If the original cannot be located, probate of a copy of a will may still be possible in some circumstances, but additional legal requirements may apply.
Texas generally requires a will to be admitted to probate within four years after the date of death, although there are limited exceptions.
Step 3: File the Probate Application
Once the necessary information has been gathered, an application is filed in the appropriate court.
The filing of the application to probate the will officially begins the probate case. After the application is filed, the original will (or a copy) will be delivered to the court.
After the application is filed, notice of the probate proceeding must be posted before the court can hold the initial hearing. There is generally a waiting period before the hearing can occur.
The actual hearing date will depend largely upon the court’s schedule, the county, whether an attorney ad litem is necessary, and whether any additional documentation or notice is required.
Step 4: Attend the Probate Hearing and Appoint the Executor
At the probate hearing, the judge generally considers whether the court has jurisdiction, whether the will is valid, and whether the person asking to serve as executor or administrator of decedent’s estate is qualified and is not disqualified.
If the court approves the application, the court will admit the will to probate and appoint the applicant or applicants as administrators of the decedent’s estate.
The administrator must then complete certain qualification requirements before acting on behalf of the estate. For example, the administrator must sign an oath and a proof of death and, when required, post a bond. After qualifying, the administrator can obtain Letters Testamentary or Letters of Independent Administration, which provide evidence of the executor’s authority to act for the estate.
These letters are often needed so that the executor can get access to bank accounts, open a new estate account, and take other preliminary steps to gather the funds and assets of the person who has died.
Step 5: Give Required Notices
Being appointed executor or administrator is not the end of the process. It is the beginning of the actual estate administration.
Texas imposes several notice requirements after an executor qualifies.
An independent executor generally must publish notice to creditors within 30 days after qualifying. Secured creditors, meaning those who have a lien on a piece of property or on a vehicle for instance, must generally receive additional notice within two months.
There are also notice requirements involving beneficiaries under a probated will. For instance, beneficiary notices must be sent within 60 days after the will is admitted to probate, subject to statutory exceptions. The independent executor must file documentation with the court confirming that those requirements have been met.
Step 6: Identify and Value Estate Property
One of the executo’s major responsibilities is determining the property and assets the estate owns and their estimate value as of the date of the decedent’s death.
This can involve locating and valuing:
• Bank and investment accounts
• Real estate
• Vehicles
• Business interests
• Personal property
• Money owed by others to the deceased person
• Other financial assets
These items must be accounted for and included in an inventory that is filed with the court.
Generally, an executor must file the estate inventory within 90 days after qualification, although an extension may sometimes be available. Depending on the circumstances, an independent executor may be permitted to file an affidavit in lieu of filing the inventory publicly with the court.
For a simple estate, where the decedent owned for instance a home, a car, personal property, and some retirement or investment accounts, identifying assets may be relatively straightforward. For an estate involving multiple properties, business interests, difficult-to-value assets, or incomplete financial records, this step can take significantly longer.
Step 7: Address Debts, Claims and Taxes
Before distributing estate property, the executor must determine what claims need to be paid. Debts are generally paid from estate assets to the extent funds are available, and creditors and government entities may have claims against an estate.
The amount of time needed for this stage depends heavily on the estate.
If the deceased person had limited debt and the creditor claims are straightforward, the process can move relatively smoothly. If there are disputed creditor claims, tax issues, litigation, or questions about whether a debt is valid, administration may take longer.
Step 8: Distribute the Remaining Estate
Once the executor has identified the assets, addressed valid debts and expenses, and
completed other necessary administration tasks, the remaining estate property can generally be distributed to the beneficiaries according to the will.
If there is no will, property passes to the legal heirs under Texas intestacy law after the appropriate heirship and administration requirements have been satisfied.
How quickly an heir receives a distribution from an estate depends entirely on whether there are disputes or complications with the assets, debts, or heirs.
Step 9: Close the Estate, When Necessary
The final stage is wrapping up the administration.
Exactly what is required to close an estate depends in part on the type of administration. Texas distinguishes between independent administration, which generally allows the executor or administrator to handle estate matters without court involvement other than the required notices and inventory, and dependent administration, which involves court supervision for every estate matter.
The Texas Estates Code allows independent administration in qualifying circumstances, and independent administrators generally have greater ability to handle estate transactions without obtaining court approval. Because dependent administrations require court involvement, they may take longer—particularly when property must be sold, disputes arise, or additional court approval is needed.
Several factors can significantly affect the probate timeline.
These include:
Copy of an original will. If a family knows a will existed but cannot locate the signed original will, additional procedures will be necessary.
No will at all. When a decedent dies intestate, the court may need to determine the decedent’s heirs before property can be distributed.
Disagreements among family members. A will contest or dispute involving beneficiaries, heirs or the executor can turn an otherwise routine estate administration into contested litigation.
Complicated assets. Businesses, multiple pieces of real estate, mineral interests, out-of-state property or assets that are difficult to value can require additional work.
Creditor problems. Disputed debts or significant creditor claims may delay distributions.
Tax issues. Some estates require additional tax filings or professional tax advice before administration can be completed.
Dependent administration. When the court must supervise the executor or administrator’s actions, additional filings and hearings can add time.
Court scheduling. Probate practices and hearing availability vary by county, so timing can differ depending on where the estate is filed.
Frequently Asked Questions
Is there a deadline to start probate in Texas?
For a person who left a will, Texas generally requires the will to be admitted to probate within four years after death subject to limited exceptions.
Waiting until that deadline approaches, however, can create practical and legal complications. Families often need authority to deal with property, financial accounts, debts, or real estate much sooner.
Can probate be finished immediately after the court hearing?
Usually no. The initial hearing primarily allows the court to address matters such as admitting the will and appointing an executor or administrator. The executor or administrator still has responsibilities afterward, including required notices, identifying assets, addressing the inventory, handling debts, and ultimately distributing property.
Does having a will make probate faster?
A valid will can simplify important parts of the process, particularly when it clearly names an independent executor and provides for independent administration.
But having a will does not automatically eliminate probate. When probate is required, an attorney generally files an application on behalf of the person applying to be the administrator of the estate and the court determines whether the will is valid before the independent executor administers and distributes the estate.
Does every estate need to go through probate?
No. Some property passes outside of probate because of beneficiary designations, survivorship arrangements, or other methods of transferring property. Texas also provides simplified procedures that may be available for certain estates. These procedures will be discussed in alater article.
Which procedure is appropriate depends on the assets, debts, family circumstances, and whether the person left a valid will.
How We Can Help
If you are in need of advice or assistance regarding probating the estate of a family member or other loved one, Noel L. Stout and Allison White of Almanza, Blackburn, Dickie & Mitchell LLP can help you understand the probate process, identify the steps that may apply to your situation, and guide you through the administration of the estate.
To discuss your Texas probate matter, contact ABDM at (512) 474-9486.
