How Long Does Probate Take in Texas?

Probate is always going to take a different amount of time for each estate: it all depends on the details of your estate. But in any situation, the best way to ensure that things move as quickly and smoothly as possible is by using an experienced probate attorney in Houston, both for planning and for getting the estate through probate.

How Long Does Probate Take in Texas?

For a simple estate, things can often be taken care of in about six months. More often, you can expect it to take around a year. If there are many issues that have to be dealt with, it can go on much longer than this. Time-consuming problems usually arise when someone wants to contest elements of the will, there are many creditors, or there’s something confusing in the way the estate planning was done.

Other FAQ About Texas Probate

Do I Need a Probate Attorney in Houston?

There’s a lot that a probate attorney can do as they advise and assist the executor of an estate. They can help with finding all the assets of the deceased, including both probate and non-probate assets. They will, of course, prepare and file all documents that the court demands and can help you to get values and appraisals for all the assets and properties included in the estate. They can also manage payments of final bills and other debts, as well as keep track of the existing bank accounts.

Your attorney can collect life insurance payments and then manage retirement accounts, take care of the estate taxes and any inheritance taxes that may apply at the federal level, and help you decide where to take the money out to pay for these things. A good attorney will also be able to advise the beneficiaries about income tax issues and assist in settling disputes among the beneficiaries if they arise. If it’s necessary to sell estate property, a lawyer can help with this as well and also with requesting the permission of the court for various actions that may be necessary to move the process along.

What Kind of Issues Tend to Arise in Probate?

As mentioned above, a straightforward process can usually be accomplished in about six months. But this usually only happens when the estate planning has been done well right from the beginning and instructions are clear and all copies of necessary forms are immediately available and ready to go upon the decedent’s death. This kind of preparation will help you avoid issues, though it cannot absolutely guarantee there will be no challenges or problems. Some of the most common issues that will arise in probate include:

• Disputes, often between a spouse and another close relative, about property or assets.
• Tax issues a various types.
• Ambiguity about the wording of a will and how to interpret it.
• Challenges from close relatives left out of the will without explanation.
• Financial disputes over debts or unfinished contracts.
• Issues with estates that have more debt than assets.

How Does the Texas Probate Process Work?

Probate is dealt with by special probate courts. The role of this court is to recognize the death of a person legally and then to oversee the payment of their debts and distribution of their assets, in accordance with that person’s will, whenever possible. If a person has left no formal will, then state laws will be followed, instead. Probate courts will attempt to carry out their role while also protecting the interests of both creditors and beneficiaries; however, it’s always best to have a will in place if at all possible, and the more complicated and large the estate and its assets, the more vital this is.

The process begins when someone, typically the executor of the estate, files what’s known as an Application for Probate of Will and for Issuance of Letters of Testamentary with the probate court clerk. The clerk then notifies all interested parties and schedules a hearing. Interested parties will include not just beneficiaries, but also creditors. The hearing is simply to have the judge sign an order starting the process, and at this hearing, the executor will take an oath swearing to administer all their duties to the estate in a lawful manner. At that point, the executor has the official legal power to administer the estate.

How Long Do I Have to Start the Probate Process?

In Texas, you have four years from the time of the death of the estate owner to begin the probate process. However, it’s worth bearing in mind that the will is not valid and none of the beneficiaries will be able to take title, possession, or property interest in any part of their inheritance until the probate process has begun. This usually makes it worthwhile to begin as soon as possible.

Who Gets Notified of the Probate Process?

The executor is responsible to notify all creditors and beneficiaries, and how quickly they do this will determine how quickly probate goes. Notice must be given to creditors in the newspaper within a month of the executor receiving the letters testamentary, and the executor needs to also send every beneficiary a certified letter within 60 days of the probate court issuing an order. Certified letters are only sent to those who are named in the will, so delays can arise if someone expected to be in the will and was not and brings a late (and often unexpected) challenge.

Within 90 days, the executor must have prepared and filed with the court a sworn affidavit affirming that everyone has been notified. Also within 90 days, the executor needs to file a list of claims as well as an inventory of the estate assets and appraisement of all those assets. All of this will go much more smoothly with the help of a probate attorney.

How Are Debts and Assets Dealt With?

Debts must be settled before assets can be distributed. Only after all debts and taxes are taken care of can the beneficiaries of an estate actually inherit their assets, and this can sometimes cause unexpected delays and contention. One benefit of working with a lawyer is a lawyer may be able to help minimize losses to the estate.

What If the Estate Is Small?

If an estate is small enough, Texas law allows you a simplified process. If the total value is estimated at $75,000 or less, and that excludes the homestead property, then heirs can collect and distribute their assets without going through formal probate. This typically allows things to go much more quickly: often in just two or three months.

Another possibility is something called “muniment of title.” This applies if there is a valid will and there are no outstanding debts except any that are secured by real estate. If an estate is probated as a muniment of title, there’s just one court hearing and the transfer of property can be done without ongoing supervision from the court. This also usually allows for the fastest resolution to the estate.

For help with your probate issues, contact us at Hensley & Krueger, PLLC in Houston, TX today to request a consultation.