The Texas Probate Timeline: What You Need to Know

Texas Probate Process

The Texas probate process can be lengthy and complex, requiring careful handling to avoid complications. Here’s an overview of the probate process in Texas:

1. Finding and Submitting the Will: The process begins with locating the deceased’s will. Sometimes, the decedent might have filed their will with the local probate court system before death. If not, a close relative can submit a will to the probate court.
2. Probate Court Hearing: Once the will is submitted, the court schedules a hearing to determine its validity and appoint an executor. During this hearing, the probate judge will verify the decedent’s death and ensure the proposed executor can perform their duties. The court then issues letters testamentary, granting the executor the authority to manage the decedent’s finances.
3. Inventory and Notifications: After the hearing, the executor has 90 days to prepare an inventory of the estate’s assets. They must also notify the beneficiaries, contact creditors, and file the decedent’s last tax return.
4. Handling Disputes: The executor reviews claims against the estate, including unpaid taxes or outstanding debts, and settles them accordingly. Disputes may arise during this phase, requiring careful attention and resolution.
5. Distribution of Assets: Once all disputes are settled, the executor can distribute the remaining assets to the beneficiaries according to the will. Throughout this process, the executor’s duties include inventorying assets, notifying beneficiaries, contacting creditors, and filing the final tax return.

Texas Probate Laws

State laws govern the probate process, which varies depending on which state you live in. The Texas Estates Code is the guiding framework for the probate process. This code sets out the rules and procedures for handling a deceased person’s estate and has the following key features: 

Settling Claims Against the Estate

One of the executor’s primary responsibilities is to settle claims against the estate according to the Texas probate code. Only after these claims are resolved can the remaining assets be divided among the beneficiaries.

Intestate Succession

If the deceased did not leave behind a will, the Texas Intestate Succession laws come into effect, and they dictate how the estate is distributed. Typically, the assets first go to the surviving spouse. If there’s no surviving spouse, the assets are then distributed to the children. If there are no children, the estate passes to the parents and then to siblings.

Contesting a Will

Texas probate law allows for the contesting of a will. Even after the executor has settled the estate, an interested party can contest the will and raise questions about heirship for up to two years after the will’s execution. If there are legitimate concerns about the will’s validity, they can be addressed within that time frame. 

Probate vs. Non-Probate Assets

Under Texas local law, not all assets are subject to probate.  Probate mainly applies to assets that do not have a designated beneficiary, such as real estate, certain bank accounts, and stocks and bonds.

On the other hand, non-probate assets bypass the probate process and go directly to the beneficiaries. These include things like retirement accounts, life insurance policies, payable-on-death accounts, and community property.

What is the Texas Probate Timeline?

The duration of the probate process in Texas can vary widely depending on the estate’s specifics and the chosen probate method. While the testator can specify a probate method in their will, the executor has the option to request different methods if needed.

Specific Timelines

Texas law specifies certain timelines for different aspects of the probate process, which are detailed below: 

1. Initiating Probate: The executor has up to four years from the date of the deceased’s death to initiate the probate process. This gives the executor enough time to gather necessary documents, make preparations, and contact a county clerk.
2. Waiting Period: After filing for a probate court hearing, there is a mandatory two-week waiting period that allows time for public notice and any potential contests to be raised.
3. Inventory and Notification: Once the court recognizes the will and confirms the executor, the executor must complete an inventory of the estate’s assets and notify the beneficiaries within 90 days.  
4. Settling Debts and Resolving Disputes: The timeline for this phase can vary significantly. If the estate has no debts and is straightforward, it might be settled in as little as 30 days. However, more complex estates with large debts or disputes can take much longer, sometimes even years.

Options to Expedite the Process

In Texas, several alternative probate methods can expedite the process, such as the Muniment of Title, the Small Estate Affidavit, and the Independent/Dependent Administration. 

These methods offer efficient alternatives to the traditional probate process, making managing and distributing the deceased’s assets easier and faster.

How Quickly Can You Go Through Probate in Texas?

In Texas, there are several ways to go through the probate process, each suited to different circumstances and timelines:

Muniment of Title

This method allows for estate settlement with minimal court involvement. It’s ideal when there is a valid will and no need for ongoing administration, as it permits the direct transfer of assets based on the will alone.

Small Estate Affidavit

This method applies to estates valued at less than $75,000 (excluding the homestead). It streamlines the transfer of estate assets without formal probate.

Independent Administration

If the will specifically requests it, independent administration gives the executor more freedom to manage the estate with limited court oversight. This autonomy can significantly speed up the administration and distribution of assets.

Dependent Administration

In contrast, dependent administration involves complete court oversight. The executor requires approval for nearly every action. While this method guarantees thoroughness and compliance with the law, it typically results in longer proceedings.

Probate in Texas: What You Should Know

When going through the probate process, there are several things to consider, including: 

1. Fees and Expenses: Probate typically involves various costs, such as appraisal fees to determine the value of assets, court fees for filing documents and other legal proceedings, and attorney fees for legal representation. The estate’s assets usually pay these expenses before distribution to beneficiaries.
2. Probate Bonds: In some cases, an executor needs to obtain a probate bond, also known as a fiduciary bond, to protect the beneficiaries from any potential mismanagement of the estate by the executor. This bond acts as insurance to compensate beneficiaries if the executor fails to fulfill their duties properly.
3. Selling Assets: During probate, certain assets may need to be sold to settle outstanding debts and distribute the remaining assets to beneficiaries. Executors must develop strategies for efficiently liquidating assets by considering market conditions, timing, and the best sale method (e.g., auction, private sale, or through a real estate agent).
4. Probate Courts: When filing for probate, choosing the correct court with jurisdiction over the estate is essential. In Texas, this might involve deciding between county courts and statutory probate courts, each with its own rules and procedures. County courts handle probate matters for smaller estates, while statutory probate courts specialize in probate and guardianship cases.
5. Executor Qualifications: Executors are often named in the deceased’s will and must meet certain qualifications. They must be of legal age, mentally competent, and have not been convicted of a felony. If there is no will or the named executor is unable or unwilling to serve, the court will appoint an executor.
6. Liabilities and Responsibilities: Executors have fiduciary duties to the estate and its beneficiaries. They are responsible for managing and safeguarding the estate’s assets, paying debts and taxes, and distributing assets to beneficiaries according to the terms of the will or state law. Failing to fulfill these duties properly can result in legal consequences, including personal liability for any losses incurred by the estate.
7. Legal Representation: Hiring a probate attorney can greatly assist the probate process. Attorneys can navigate complex legal procedures, advise on important decisions, represent the executor’s interests in court, and ensure compliance with all legal requirements. 

Probate Cases and Selling Real Estate Properties

As the executor of a will, you’re entrusted with fulfilling the final wishes of a loved one, which can be a challenging and time-consuming process. However, there are ways to make probate easier, such as selling real estate properties to cash buyers. Here are some advantages of selling to cash buyers:

• Quick Sale Process: Selling to cash buyers is much faster than  traditional methods. Instead of waiting months for a buyer to secure financing, cash buyers can provide an offer within a week, thus expediting the sale process.
• Obtaining Funds: Selling to cash buyers allows you to obtain funds quickly, which can be necessary for settling outstanding debts or distributing assets to beneficiaries. Accessing funds sooner can ease financial burdens and make the probate process smoother.

A-List Properties specializes in facilitating quick sales of real estate properties, including houses in Arlington and other areas in Texas. We offer a straightforward and transparent process for selling your Texas property. Our team provides fair and competitive offers, ensuring you receive a fair value for your home without the hassle of negotiations or complicated paperwork.

Conclusion

Navigating the Texas probate timeline requires patience, and families should prepare for it. You should be aware of specific timelines, familiarize yourself with alternative probate methods, and note common considerations like fees, selling assets, and executor responsibilities. Additionally, discussing estate planning with loved ones in advance and ensuring important documents are in order can help alleviate stress during an already difficult time.

Additional Resources:

https://guides.sll.texas.gov/probate/general-information

https://www.forbeslawoffice.com/family-and-estate-law/how-to-start-the-probate-process-of-a-will-in-texas/