If your loved one passed away with a valid will in place, you might assume that the probate process will be quick and straightforward. But even with a will, Texas law requires the estate to go through probate before assets can be officially distributed. So, how long does probate take with a will in Texas?
The answer depends on several factors, but understanding the general timeline and key steps involved can help you set realistic expectations and avoid unnecessary delays.
How Long Does It Take to Settle an Estate With a Will?
For most families, probate with a will in Texas takes anywhere from six months to over a year. In straightforward cases, where the estate is simple, the executor is prepared, and no one is disputing the will, the process may wrap up in as little as four to six months.
That said, how long does it take to settle an estate with a will? The answer isn’t always clear-cut. Delays can crop up from paperwork issues, court backlogs, or challenges in valuing or locating assets. And when a will is contested, or beneficiaries are hard to find or are uncooperative, the timeline can easily stretch much longer.
Even so, having a valid will in place helps. It names an executor and outlines who gets what, two key decisions the court doesn’t have to make from scratch. Want to understand the full picture and where delays tend to happen? Check out our guide: Understanding the Texas Probate Process
What Affects the Probate Timeline in Texas?
No two estates are exactly alike, and a number of variables can influence how long it takes to settle an estate with a will:
- Whether the will is contested
If someone challenges the will’s validity, claiming it was forged, made under undue influence, or executed without proper capacity, probate can’t proceed until that issue is resolved. These disputes can add months or even years to the timeline. - Whether the original will is lost
Texas law allows a copy of a will to be probated if the original cannot be found; however, there are additional steps that add to the timeline: (1) every heir-at-law of the decedent must be served with a copy of the application (or waive service), (2) every devisee of the will must be served with a copy of the application (or waive service), (3) a subscribing witness (or two disinterested signature witnesses) must be located and appear at the hearing, and (4) the applicant must explain why the original cannot be found and was not revoked by the decedent.
- Court scheduling and delays
Probate courts operate on their own timelines. Larger counties like Harris and Bexar may have backlogs that slow things down, especially during high-volume months. - Whether beneficiaries can be located
If heirs or named beneficiaries are missing, out of state, or unresponsive, the executor of the will may need to take additional legal steps before distributing assets, often adding weeks or months. - Size and complexity of the estate
A modest estate with a few bank accounts and a single home will typically move faster than one that includes multiple properties, business assets, or complex financial holdings or liabilities.
These and other issues can complicate the Texas probate timeline.
Steps in the Probate Process With a Will
Even when a valid will exists, the probate process in Texas follows a defined path, and missing a step or deadline can cause real problems. Here’s how probate with a will in Texas typically unfolds:
Filing the Will and the Application
It starts with paperwork. The attorney for the named executor files the original will and a formal application to begin probate in the appropriate county court. This step notifies the court that the estate needs to be administered and kicks off the legal process.
The Probate Hearing
After a short mandatory waiting period (usually around two weeks), the court holds a hearing to officially recognize the will. At this stage, the judge confirms that the will meets Texas legal standards and formally appoints the executor. No objections? Things move forward.
Letters Testamentary Are Issued
With the court’s approval, the executor receives Letters Testamentary, legal proof that they now have the authority to act on behalf of the estate. These documents are essential and will be needed to access accounts, sell property, and communicate with creditors or financial institutions.
Notifying Creditors and Settling Debts
Next comes a bit of financial housekeeping. The executor is responsible for alerting creditors (through official notice and newspaper publication) and making sure all valid debts are paid using estate funds. In Texas, creditors generally have up to four months to come forward with a claim.
Distributing the Assets
Once debts are resolved, taxes are handled, and the court’s conditions are satisfied, the executor can begin distributing the remaining assets to the beneficiaries named in the will. This is often the moment families have been waiting for, but it only happens after every legal and financial obligation is taken care of.
If you’ve been named executor and you’re unsure how to move through these steps, or if something isn’t going according to plan, visit our Houston Probate Attorney page to learn more about how we support executors and families through the process.
Can Probate Be Avoided If There Is a Will?
Even with a will, probate is still necessary in most Texas estates. That’s because the court must validate the will and give the executor legal authority to act.
That said, there are some situations where the process can be simplified:
- Only real property that needs to be transferred
Contact us if you are able to access everything else in a decedent’s estate and only have real property that needs to be transferred. There may be simple, quick options for you. - Some assets may transfer outside probate
Not all property goes through probate. Assets with designated beneficiaries—such as life insurance policies, retirement accounts, and payable-on-death bank accounts—can often be transferred directly.
Work With a Texas Probate Attorney to Stay on Track
Handling probate on your own can be time-consuming and overwhelming, especially if it’s your first time managing an estate. In Texas, individuals are prohibited from representing themselves as an executor of an estate, making having an attorney mandatory. An experienced probate attorney can help you:
- Avoid delays by filing documents correctly and meeting court deadlines
- Ensure compliance with state and local rules throughout the process
- Resolve challenges quickly, whether it’s a creditor dispute, missing asset, or beneficiary issue
At Bohls Law, we guide clients through every step of the probate process with a focus on clarity, efficiency, and peace of mind. We understand the importance of settling an estate with care, and without unnecessary delay. We invite you to explore our full range of services here: Texas Probate Services Overview
Need help with probate in Houston or New Braunfels? Contact Bohls Law for guidance through every step of the process.