Texas Probate Timeline and Deadlines (2026)

Texas probate typically takes 6 to 12 months (typical; varies by county). Texas has no mandatory waiting period before filing a probate application. This guide explains the key dates and deadlines.

Attorney notice: Texas courts generally require an executor or administrator to be represented by an attorney in probate court. A narrow exception applies when the executor is the only beneficiary (Suday v. Suday, Tex. 2025), and many courts have their own policies. Ask the court before filing.

Texas Probate Timeline Overview

• Weeks 1-4: File application with probate court; get appointed
• Within 1 month after letters: Publish notice to creditors; notify secured creditors within 2 months
• Within 60 days after the will is admitted: Notify beneficiaries
• Week 4 onward: Begin collecting assets
• Within 90 days after you qualify: File the inventory
• No fixed claims period: claims are allowed until the estate is closed; a creditor you send a Section 308.054 notice to has 120 days after receiving it (barred from the 121st day)
• Months 6-12: Accounting, distributions, discharge

Total: typically 6 to 12 months.

Key Deadlines

File application immediately: Texas has no waiting period. You can file with the probate court anytime after death.

Notify beneficiaries and creditors: Publish notice to creditors within one month after receiving letters (and send it to the Comptroller if the decedent owed state taxes it administers), and notify known secured creditors within two months (Estates Code Sections 308.051 and 308.053). Notify beneficiaries of a probated will within 60 days after the will is admitted, and file the affidavit or certificate of notice by day 90 (Sections 308.002 and 308.004).

Inventory deadline: File an inventory with the court before the 91st day after you qualify (take the oath and post any bond), unless the court allows more time (Estates Code Section 309.051); the clock runs from qualification, which can be earlier than the date letters issue. An independent executor with no unpaid debts other than secured debts, taxes and administration expenses may file an affidavit in lieu (Section 309.056).

Creditor claims: Texas has no general claims deadline and no bar date based on publication (Section 355.001). An unsecured creditor who receives the personal representative's written notice under Section 308.054 is barred unless it presents the claim before the 121st day after it received the notice (Section 355.060). The deadline runs from each creditor's receipt of notice, not from newspaper publication.

Accounting and distribution: Pay valid claims and taxes, or provide for them, before distributing. In a dependent administration the court approves the accounting and distribution; an independent executor does not need court approval but keeps an accounting for the beneficiaries.

Small Estate Affidavit: 30-Day Wait, Then a Court Filing

If there is no will and the estate may qualify:

• Wait 30 days after death
• File the sworn affidavit with the court clerk
• A judge reviews and may approve it
• Distributees then collect the property from holders
• Total time depends on the court

Factors That Delay Probate

• Will contests
• Complex assets
• Difficulty locating beneficiaries
• Tax complications
• Real property sales

Use ExecutorBench's free eligibility checker to see which Texas route usually applies and to track your deadlines.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about Texas probate deadlines, consult an attorney licensed in Texas.