Texas probate has a worse reputation than it deserves. For most families with a will, the court appearance is single and short — and the rest is paperwork on a schedule.
Before anything: the four-year rule
A will must generally be filed for probate within four years of the date of death. Miss that window and the estate is usually handled as though there were no will at all — which means an heirship proceeding, an attorney ad litem, and considerably more expense.
If you are holding a will and unsure whether to act, the answer is almost always to act.
Step one: the application
An application to probate the will and for letters testamentary is filed in one of the county's statutory probate courts, along with the original will. Not a copy — the original. Probating a copy is possible but requires additional proof and is a materially harder case.
Expect a week or two to gather the death certificate, confirm the original will, and prepare the application.
Step two: the posting period
Once the application is filed, the clerk posts notice at the courthouse. Texas requires the citation to be posted and the case to remain pending until the Monday following the expiration of ten days from posting. In practice this means a hearing cannot occur for roughly two weeks after filing, and the court's docket usually pushes it a little further.
Step three: the hearing
The hearing itself is brief — often a matter of minutes. The applicant testifies to a short set of facts: the decedent's death, domicile, the existence of the will, that it was not revoked, and that the applicant is qualified to serve. If the will is self-proved, no additional witnesses are needed.
The judge signs an order admitting the will to probate and appointing the executor. The executor then takes an oath.
Step four: letters testamentary
After the oath, the clerk issues letters testamentary — the document banks, title companies, and brokerages will demand before they let anyone touch an account. Most institutions want letters dated within the last sixty to ninety days, so request several certified copies and expect to request more later.
Realistically, four to eight weeks from death to letters is a normal, well-run timeline.
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Step five: notice to creditors
The executor must publish notice to unsecured creditors in a newspaper of general circulation, and must give specific written notice to known secured creditors. Both carry deadlines measured in weeks after letters issue, so this is not the stage to slow down.
Separately, the executor gives notice to beneficiaries named in the will within sixty days after the will is admitted, and files an affidavit with the court confirming it was done.
Step six: the inventory
Within ninety days after qualifying, the executor files an inventory, appraisement, and list of claims — a sworn schedule of the estate's assets and their values as of the date of death. Where there are no unpaid debts other than secured debt, taxes, and administration expenses, the executor may instead file an affidavit in lieu of inventory, which keeps the asset list out of the public record. Many families prefer this and do not know it exists.
Where estates actually stall
Not at the courthouse. The predictable delays are:
- Locating the original will, or discovering only a copy exists
- Real property in another state, requiring an ancillary proceeding
- A business interest with no succession plan and no current valuation
- Beneficiaries who cannot be located, or who dispute the will
- Retirement accounts and life insurance with outdated beneficiary designations
The last item is the one we see most often, and it is the one an afternoon of paperwork during life would have prevented.
Closing
An independent administration does not require a formal closing, though an executor may file a closing report or an affidavit of distribution to establish a clean end point. For an uncomplicated estate, six to twelve months from death to final distribution is typical — the creditor period, not the court, sets the floor.