The Estate Desk

Last verified 2026-10-31; facts checked against the primary sources below

How long does probate take in Texas?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on October 31, 2026. Not legal advice.

Last verified: October 31, 2026

The short answer: How long probate takes in Texas depends on the route the estate uses, because the Estates Code sets no finish date for probate. It sets deadlines for each step instead: you generally have four years from the death to apply (§ 256.003, § 301.002), the court cannot act until a posted citation has run at least 10 days (§ 51.053, § 258.003), and an executor's inventory is due before the 91st day after qualifying (§ 309.051). A will admitted as a muniment of title skips the executor stage entirely (§ 257.001, § 257.102).

What are the deadlines, step by step?

These are the time limits the Estates Code sets for a will probated with an executor. Each one runs from a different starting point, so read the "counted from" column closely.

Step Deadline or wait Counted from Source
Apply to probate the will No later than the fourth anniversary, unless the applicant shows they were not in default The death § 256.003
Apply for letters testamentary or of administration No later than the fourth anniversary, with narrow exceptions The death § 301.002
Named executor presents the will Before the 31st day, or the court may grant administration to someone else if there was no good cause for the delay The death § 306.002(a)(2)(B)(iii)
Citation posted at the courthouse At least 10 days before the return day, not counting the day of posting. The court may not act before service The posting § 51.053(b), § 258.001, § 258.003
Court grants letters testamentary Before the 21st day The will is probated § 306.001
Executor takes the oath Before the 21st day The order granting letters § 305.003
Publish notice to creditors in a local newspaper Within one month Receiving letters § 308.051
Notify known secured creditors Within two months Receiving letters § 308.053
Notify beneficiaries named in the will No later than the 60th day The order admitting the will § 308.002
File the affidavit that beneficiaries were notified No later than the 90th day The order admitting the will § 308.004
File the inventory, appraisement and list of claims Before the 91st day, unless the court allows longer The executor qualifies § 309.051
Allow or reject a claim No later than the 30th day. Silence counts as a rejection The claim is presented § 355.051, § 355.052
Creditor sues on a rejected claim No later than the 90th day, or the claim is barred The rejection § 355.064
Secured creditor says how it wants to be paid The later of six months after letters are granted or four months after its notice Letters or notice § 355.152
Contest the will No later than the second anniversary (fraud or forgery: two years after discovery) The will is admitted § 256.204

When can creditors still make a claim?

Texas has no single short creditor deadline that closes the door for everyone. A claim may be presented at any time before the estate is closed, as long as the general statute of limitations has not run (§ 355.001). The executor may shorten that for an unsecured creditor by sending it notice by a qualified delivery method: the claim is then barred unless presented before the 121st day after the creditor receives the notice (§ 308.054, § 355.060). The estate is ready to close once all known debts have been paid, or paid as far as the assets allow, and no further need for administration exists (§ 362.001).

How does independent or dependent administration change the timing?

Most of the difference is in how often the executor has to go back to court after the inventory.

Independent administration Dependent administration
How it starts The will provides for it, or all distributees agree to it (§ 401.001, § 401.002, § 401.003) Any other administration, including when the will forbids independent administration (§ 401.001(b))
Court after the inventory No further court action unless the Code specifically provides for it (§ 402.001) Supervised by the court until closed
Court approval for actions Not needed for anything a supervised representative could do (§ 402.002) Many actions need a court order
Inventory shortcut If only secured debts, taxes and administration expenses are unpaid, an affidavit in lieu of the inventory may be filed within the same 90 days (§ 309.056) Full inventory filed with the court (§ 309.051)
Yearly reports None required An annual account within 60 days after each anniversary of qualifying, until the estate is closed (§ 359.001, § 359.002)
When others can push for an accounting Any interested person may demand one after 15 months from the first letters (§ 404.001), and may petition the court for accounting and distribution after two years (§ 405.001) An interested person may move to compel settlement at any time if the record shows the estate is not closed (§ 362.002)
Closing The executor may file a closing report or notice of closing, but is not required to (§ 405.004, § 405.012) Closed by the court once debts are paid and no need for administration remains (§ 362.001)

One rule adds a step when there is no will. A court may not appoint an independent administrator for an intestate estate until a heirship proceeding has determined that the people asking are all of the heirs (§ 401.003(b)).

What is the fastest route when there is a will?

Probating the will as a muniment of title. The court admits the will and appoints no executor, so there are no letters, no creditor notices under chapter 308 and no inventory (§ 308.0015). The court order itself is the authority banks, transfer agents and buyers rely on to hand property to the people the will names (§ 257.102).

Rule What the Code says Source
When it is allowed The estate owes no unpaid debt other than debt secured by a lien on real estate, or the court finds another reason there is no need for administration § 257.001
Time limit Four years must not have elapsed since the death, and citation must have been served § 257.054
Follow-up filing A sworn affidavit of which terms of the will have been fulfilled, no later than the 180th day after the will is admitted, unless the court waives or extends it § 257.103
Later administration Still possible if an application is filed within four years of the death § 257.151

Courts can add their own requirements. Fort Bend County's probate court, for example, requires a Medicaid Estate Recovery Program certification for a muniment of title when the person received Medicaid benefits on or before March 1, 2005 and there is no Medicaid claim (Fort Bend County Court at Law 5).

What if there was no will?

Two routes skip a full administration:

Route Earliest start Guide
Small estate affidavit, for estates of $75,000 or less excluding the homestead and exempt property 30 days after the death, then approved by a judge (§ 205.001) Texas small estate affidavit
Court determination of heirship Any time after the death (§ 202.0025) Texas affidavit of heirship

What makes Texas probate take longer?

The Code itself builds in extra steps in these situations:

Situation What it adds Source
The will is offered after four years Notice by service of process to each heir whose address can be found, and an attorney ad litem for heirs who cannot be found § 258.051, § 258.052
The original will cannot be produced Heirs living in Texas with known addresses must be personally served instead of by posting § 258.002
No will, and heirship must be decided An attorney ad litem for unknown heirs, and citation by publication on unknown heirs § 202.009, § 202.052
A creditor's claim is rejected The creditor has 90 days to sue in the probate court § 355.064
Someone contests the will A contest can be filed up to two years after the will is admitted § 256.204
Dependent administration Annual accounts until the estate closes § 359.002

The court's own calendar matters too. Fort Bend County's probate court hears uncontested matters on designated Monday mornings, wants proposed orders by the Monday of the week before the hearing, and requires supporting papers such as ad litem reports and death certificates seven days before it, or the hearing may be cancelled (Fort Bend County Court at Law 5). Check the probate court's page in the county where the person lived.

This is general information about Texas law, not legal advice. A Texas probate lawyer can tell you which route fits a particular estate and how long it is likely to take in your county.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources