How Long Does the Probate Process Typically Take in Texas?
Dealing with a loved one’s death can be devastating. Not only are you dealing with the grief of your family member’s passing, but also their estate.
Whether or not your loved one left a will, you will likely need to go through the probate process. Probate often gets a bad reputation because it can be lengthy and costly. You are paying lawyers and courts to manage your loved one’s estate, which can be daunting.
If this is your first time navigating probate, you may wonder how long the process takes. There is no clear-cut answer. For simple estates with few assets, the process may take just a few months. A more complicated estate with significant assets could take years to settle in probate.
What can you expect with your probate case? Here are some considerations to keep in mind.
If There is a Valid Will
If your loved one has a valid will, look for a self-proving affidavit. If the will has this and is uncontested, probate may be completed in as little as three months. If there is no affidavit, Texas law requires a probate hearing, which involves using witnesses to verify the will’s authenticity. This can prolong the probate process, especially if the courts are backlogged.
For estates with a valid will and minimal outstanding debts, you may be able to do probate as a muniment of title. This means you can use a document, title deed, or other evidence to show ownership of an asset. This method is much quicker and less costly than standard probate.
If There is No Valid Will
Probate without a will requires more court oversight. You must go through a process called determination of heirship. The timeline ranges from five weeks to nine months or longer.
Because there is no will, you will need to hire an attorney to identify all heirs, validate inheritance rights, and attend multiple hearings.
For smaller estates valued at under $75,000, Texas offers a Small Estate Affidavit process, which involves submitting a designated form to the local probate court. This process is quicker and more streamlined.
For estates that have to go through the full probate process, there are multiple stages, such as:
- Authenticating the will
- Evaluating the assets
- Notifying creditors and heirs
- Settling debts and taxes
- Distributing the assets
There is no easy way to pinpoint definitive probate duration but count on the process lasting longer than one year.
Contact Our Pearland Probate Attorneys at The Powell Law Firm Today
Probate can take a long time. While it may take just a few months in some cases, most last much longer, even several years.
The process can be challenging. Seek legal help from Pearland probate attorney The Powell Law Firm. We can help you probate a will and handle estates without wills (intestate) through court-directed and independent administration of estates. Fill out the online form or call 832-850-6095 to schedule a consultation.
