How long does Probate take in Texas?

You’ve heard that probate is an expensive and time-consuming process, but how long does it take, exactly?

You’ve heard that probate is an expensive and time-consuming process, but how long does it take, exactly? Each state has its own laws on probate methods, and the time to probate an estate may vary on an individual basis. Today, our probate attorneys explain how long the probate process generally takes in Texas. Related Post: Three Alternatives to Probate in Texas

Timeline to File for Probate

Generally, the executor has four years from the date of the testator’s death to file for probate. In most cases, if the executor doesn’t file the will within this time period, the Texas intestacy laws will control the distribution of the estate’s assets. A will is typically probated in Texas two months to one year after the estate owner’s passing. Related Post: Davidson Law Group Explains Ancillary Probate in Texas

Giving Notice to the Public

After the executor files the will for probate, he or she must wait 10 days to have a hearing. In Texas, the hearing takes place on the Monday after the expiration of 10 days. This delay allows the court to provide notice to the public that the will was filed for probate.

Giving Notice to Beneficiaries

Once the probate judge grants the will to probate, the executor has 60 days to provide a written notice to all beneficiaries named in the will. In a certified written letter, the executor must include a copy of the will and a copy of the court order granting it for probate. Then, the executor must file an affidavit within 90 days of receiving the court’s order. This testimony affirms that he gave the essential notice to the beneficiaries of the will.

The Whole Process

Probate takes a few months, on average. But sometimes creditors or beneficiaries file claims against the estate. If there’s confusion or disagreement like this, the timeline can expand into years. The longer the probate process is, the more expensive it becomes. Having an experienced probate attorney by your side can help the process move quickly, which can benefit everyone involved.

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