Texas Probate Timeline and Deadlines (2026)

Texas probate typically takes 6 to 12 months. Unlike California, Texas has no mandatory waiting period before filing, which can speed things up. This guide explains the key dates and deadlines.

Texas Probate Timeline Overview

• Weeks 1-4: File application with probate court; get appointed
• Weeks 4-8: Notify heirs and creditors
• Week 4 onward: Begin collecting assets
• Month 4-5: Publish notice to creditors
• Month 4-8: Creditor claims period (varies by type of probate)
• Months 6-12: Accounting, distributions, discharge

Total: 6 to 12 months.

Key Deadlines

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

Notify heirs and creditors: Send written notice within specific timeframes set by the court.

Inventory deadline: File an inventory with the court within 90 days of qualification (when the judge appoints you).

Creditor claims deadline: Depends on the type of probate (independent or dependent). Generally, creditors have 4 months from publication to file claims.

Accounting and distribution: After creditor deadline passes and taxes are paid, you prepare accounting and seek court approval before distributing assets.

Small Estate Affidavit: 30-Day Wait, Then Quick Close

If your estate qualifies:

• Wait 30 days after death
• File affidavit and supporting documents
• Assets transfer within 1-2 weeks
• Total time: 4 to 6 weeks

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 applies and track your deadlines.

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about Texas probate deadlines, consult an attorney licensed in Texas.