How Long Does Probate Take in Texas?

One of the most common questions families ask after losing a loved one is: “How long does probate take in Texas?”

The short answer is: longer than most people expect — especially if there is no estate plan in place.

While some Texas probate cases can be completed in a matter of months, many take a year or more, and contested or complicated estates can stretch on for several years. Understanding why probate takes so long — and how to avoid unnecessary delays — can save families time, money, and stress.

Quick Answer: How Long Does Probate Take in Texas?

In Texas, probate typically takes between 6 months and 18 months.However, the timeline can be much longer depending on the circumstances of the estate.

Probate may take longer if:

• There is no will

• The will is contested

• The estate has multiple heirs

• Real estate must be sold

• Creditors make claims

• Family disputes arise

What Is Probate in Texas?

Probate is the legal process used to:

• Validate a will (if one exists)

• Appoint an executor or administrator

• Identify heirs and beneficiaries

• Pay debts and taxes

• Distribute assets
  

In Texas, probate is handled through the county court system and must follow strict procedural rules. Even relatively “simple” estates can experience delays due to court schedules, paperwork requirements, and statutory waiting periods.

Texas Probate Timelines: Step-by-Step

1. Filing the Probate Case (1–4 weeks)

The process begins when an application for probate is filed with the court in the county where the deceased lived. Court availability alone can add weeks to the timeline.

2. Court Hearing & Appointment (2–6 weeks)

Texas requires a hearing to:

• Admit the will to probate

• Appoint the executor or administrator

Many courts have backlogged dockets, especially in larger counties like Dallas, which can delay hearings.

3. Notice to Creditors (2–4 months minimum)

Once appointed, the executor must:

• Notify known creditors

• Publish notice to unknown creditors
  

Texas law gives creditors time to submit claims, which automatically extends the probate timeline.

4. Inventory, Appraisement & List of Claims (1–3 months)

The executor must identify and value all estate assets and file documentation with the court unless waived. This process can take longer if:

• Assets are difficult to locate

• Real estate or business interests are involved

• Financial records are incomplete

5. Paying Debts, Taxes & Expenses (Varies)

Before heirs receive anything, the estate must settle:

• Outstanding debts

• Funeral expenses

• Taxes

• Administrative costs

Delays are common if disputes arise or assets must be liquidated.

6. Distribution & Closing the Estate (1–3 months)

Only after all obligations are resolved can assets be distributed and the estate closed.

Why Probate Often Takes Longer Than Families Expect

Many families assume probate is a quick, administrative process. In reality, probate is a court-supervised legal proceeding, and courts move on their own schedules — not yours.

Probate often takes longer due to:

• Court backlogs

• Incomplete or outdated wills

• Missing heirs

• Family disagreements

• Property sales

• Creditor disputes

Even cooperative families can face delays simply because the system requires time.

How Long Does Probate Take Without a Will in Texas?

Probate without a will (intestate probate) almost always takes longer.

Without a will:

• Texas law determines who inherits

• The court appoints an administrator

• Additional hearings may be required

• Family disputes are more likely

Intestate probate cases commonly exceed 12–24 months, particularly when multiple heirs or blended families are involved.

Can Probate Be Avoided or Shortened in Texas?

Yes — with proper estate planning.

Estate planning tools that can reduce or avoid probate include:

• Revocable living trusts

• Transfer-on-death deeds

• Beneficiary designations

• Proper titling of assets

• Small estate affidavits (when applicable)

Families with an effective estate plan often experience significantly shorter timelines, fewer court appearances, and far less stress.

Is Texas Probate Easier Than Other States?

Texas does offer some probate advantages, such as independent administration, which allows executors to act with less court oversight.

However, “easier” does not mean “fast.”Even independent probate still requires:

• Court filings

• Waiting periods

• Creditor notices

• Legal compliance

Without guidance, mistakes can cause delays or legal exposure.

Why Working With a Probate Attorney Matters

Probate errors can:

• Delay distributions

• Increase costs

• Create personal liability for executors

• Trigger disputes among heirs

An experienced Texas probate attorney helps:

• Navigate court requirements efficiently

• Avoid procedural mistakes

• Resolve disputes early

• Protect executors from liability

• Move the process forward as quickly as possible

The Best Way to Protect Your Family From Probate Delays

The truth is simple: Probate takes longer than most people expect — but it doesn’t have to be overwhelming.

Whether you are:

• Facing probate now, or

• Planning ahead to protect your family

Having proper legal guidance makes all the difference.

Get Help With Probate or Estate Planning in Texas

If you’re dealing with probate in Texas — or want to ensure your family avoids unnecessary delays in the future — BC Robertson Law can help.

We assist clients with:

• Probate administration

• Estate planning

• Wills and trusts

• Probate avoidance strategies

📞 Call (214) 383-9043 🌐 Visit: www.bcrobertsonlaw.com 📍 Serving Dallas and surrounding Texas communities

Protect your family’s time, finances, and peace of mind — because probate already takes long enough.