Probate Timeline in Texas: How Long Will It Take?

One of the most common questions families ask after the death of a loved one is: How long will probate take? The truth is, there’s no single answer. The probate process in Texas can take anywhere from a few weeks to several years, depending on the type of probate required and the complexity of the estate.

The first step in understanding your timeline is meeting with a Texas probate attorney, who can review the facts of your case and determine the best course of action. From there, the timeline largely depends on the type of probate and whether the estate requires a simple or complex administration.

Breaking Down the Probate Timeline

When thinking about how long probate will take, it helps to view the process in two distinct phases:

1. The Application and Appointment Phase – This covers the period after meeting with your attorney, and includes preparing and filing the initial probate application. This time period is before the court officially appoints an executor or administrator.  (If there is an valid, original, self-proved Will, this time period is a matter of weeks).  During this stage, required notices must be given, hearings may be scheduled, and the court determines who has legal authority to act on behalf of the estate. No one can handle estate business until the court makes this appointment official.
2. The Estate Administration Phase – Once an executor or administrator is appointed, the estate moves into administration. This involves gathering and valuing assets, paying debts and taxes, addressing creditor claims, and ultimately distributing property to heirs or beneficiaries. The length of this stage varies depending on the size and complexity of the estate, as well as whether any disputes arise.

Understanding these two phases helps families better anticipate the process and the reasons behind varying timelines.

Small Estate Affidavit – The Fastest Option

If the estate qualifies for a Small Estate Affidavit (SEA), probate can sometimes be completed in under a month. This option is only available when certain requirements are met, such as the absence of real property (except for a homestead), agreement among heirs, and a total estate value below a statutory threshold. While fast, this option requires all heirs to sign and notarize the affidavit and to provide accurate information about assets, which can sometimes only be confirmed after probate begins.

Probate of a Valid, Original, Self-Proved Will

If the decedent left a properly prepared and executed self-proved Will (usually drafted and signed with the help of an attorney), the probate process is typically straightforward. Once the application is filed, the Will can be admitted to probate and the named executor can often be appointed within weeks to about a month, depending on the Court’s docket. This process is generally the next fastest route in probate court.

However, if the Will is contested, the timeline changes dramatically. A Will contest can add many months or years to the process, depending on the disputes and litigation involved.

When There Is No Will

When someone dies without a Will (intestate), the timeline is longer. Before the court appoints an administrator, all heirs must be identified, located, and served (or waive service of process). If heirs are unknown, missing, or uncooperative, this step can cause significant delays. An attorney ad litem must also be appointed to represent the interests of potential unknown heirs and investigate heirship claims. This procedure to determine heirship adds a step in the process which can take months.

If the heirs agree on who should serve as administrator, and consent to an independent administration, the court may allow for independent administration, which gives the administrator authority to act independent of court supervision once appointed. An independent administration is much faster and less expensive than a dependent administration.

If the heirs cannot agree, there are minor heirs (without court appointed guardians of their estate) or if the court determines it is necessary—the estate may proceed through dependent administration, meaning the administrator must seek court approval to pay debts, sell property and distribute assets. Dependent administration requires multiple hearings, filings, and court orders, making it more time-consuming and costly.

Estate Administration Factors That Affect the Timeline

Once an executor or administrator is appointed, the estate enters the administration phase, which continues until all debts are paid and assets are distributed. The complexity of this stage varies greatly depending on the estate.

Some factors that can lengthen probate include:

• The need for appraisals to value significant assets.
• Business interests or ongoing operations.
• Numerous creditors or disputes over debts.
• Litigation involving the estate.
• Disagreements among heirs or beneficiaries.
• Large or complex estates requiring tax filings.

In straightforward cases, administration may be completed in a matter of months. In more complex estates, administration may take years.

Pro-Tip 

Obtain a copy of the death certificate as soon as possible. The death certificate is necessary for probate.  

The Bottom Line

The length of probate depends on many factors: the presence of a Will, whether heirs are cooperative, the type of administration required, and the complexity of the estate. A skilled San Antonio probate lawyer can guide you through the process, explain your options, and help minimize delays where possible.

At the Law Office of Laura Vale, PLLC, we understand that the estate is in limbo until the executor or administrator is officially appointed. We work diligently to move your case forward and strive to get that appointment as quickly as possible so the estate can begin moving toward resolution.

Call our San Antonio probate law office today at (210) 588-9881 to schedule a consultation and let us help you through the probate process.