How Long Does Probate Take in Texas?

One of the most frequent questions families ask is:

“How long until we can finally sell the house?”

While Texas is known for having a relatively efficient probate system, it is still a legal process with required notice periods and procedural steps. Even for a straightforward estate, probate often takes several months and may extend beyond a year depending on the circumstances.

Phase 1: Opening the Estate (First Few Weeks)

The timeline begins when an application for probate is filed in the county where the person lived.

Texas law requires a public posting period before a hearing can be held (Texas Estates Code §51.053).

Once appointed, the court issues Letters Testamentary or Letters of Administration, which give the personal representative legal authority to act (Texas Estates Code Chapter 306).

Phase 2: Inventory and Creditor Notices (First Several Months)

The executor typically has 90 days to file an Inventory (Texas Estates Code §309.051).

Executors must also notify creditors according to legal requirements (Texas Estates Code Chapter 308).

Phase 3: The Real Estate Factor

Property sales often occur during probate, but proceeds usually remain in the estate until creditor and administrative requirements are satisfied.

Why Some Estates Take Longer

Intestate estates require heirship proceedings (Texas Estates Code Chapter 202). Dependent administrations involve court oversight (Texas Estates Code Chapter 356).

Educational Note

This article is for general educational purposes only and does not constitute legal advice.