How Long Does a Texas Probate Take?

A simple Texas estate generally takes about six months to probate. Complex estates, or those involving a missing original will or a contested will, take considerably longer and can cost significantly more to resolve.

One reason to establish an estate plan that distributes certain assets outside of probate is the time the process itself consumes. Assets that pass by operation of law or contract bypass probate entirely and include:

• Life insurance policies with named beneficiaries
• 401(k) and similar retirement plans
• Profit-sharing plans
• Pensions
• Keoghs
• IRAs

Assets can also be titled to avoid probate, such as property held in joint tenancy or assets placed in a living trust. When an estate involves multiple beneficiaries or a contested will, experienced legal counsel is particularly valuable in helping keep the process on track.

Independent vs. Dependent Administration in Tarrant County

Independent administration is the most common form of Texas probate, used in the vast majority of Tarrant County estates. After the executor files an inventory with the court, administration continues with minimal ongoing court oversight. Texas law also allows a person drafting a will to include a provision expressly authorizing independent administration, which can simplify the process for the executor.

Dependent administration involves the court at every step. An administrator is appointed, but each action requires a judge’s approval. This form of administration is typically triggered by beneficiary disputes or other contested circumstances, and it exists to protect each party’s rights. Because every step requires court approval, dependent administration is far more expensive and time-consuming than independent administration, and costs can reduce the resources that would otherwise pass to beneficiaries. We handle both types of matters and can advise on which form of administration applies to the estate you’re managing.

The Texas Probate Process Step by Step

Probate must be filed in the county where the decedent lived. For Arlington residents, that means Tarrant County Probate Court, which has two statutory probate courts with exclusive jurisdiction over local estate matters. Filing in the wrong court can result in dismissal even after all procedural steps have been followed.

Executors named in a will carry specific fiduciary duties and deadlines under the Texas Estates Code. Missing those deadlines can expose an executor to court penalties or personal liability, which is why many executors engage an estate administration attorney in Arlington from the outset.

The Probate Steps

The steps for probate are as follows:

• An application for probate is filed;
• Approximately three to four weeks will elapse before the probate hearing;
• During the wait, the County Clerk will post a notice stating the probate application was filed. If no contests are received, the administration of the will can move forward;
• The will is validated (or, if there was no will, an administrator is appointed);
• The executor files an inventory of assets and a list of claims within 90 days after qualifying and receiving Letters Testamentary;
• An Affidavit in Lieu of Inventory may be filed by the executor with the County Clerk so that the estate’s asset information stays off the public record;
• The beneficiaries will be identified;
• Creditors will be notified and allowed to file a claim against the estate;
• Any contests to the will or other disputes must be resolved by a probate court judge; and
• The assets are then distributed.

Will Contests

If the will is challenged, the person contesting it must prove it is invalid. Will challenges can be based on allegations that:

• The will was forced on the decedent due to undue influence by a third party;
• The will was forged;
• The will was improperly executed; or
• More than one executed will exists.

The probate court must resolve any pending will contests before the estate can be closed and assets distributed. We represent clients in both contested and uncontested Tarrant County probate matters, from straightforward administrations to full probate litigation.

Taxes in a Texas Probate

Texas imposes no state inheritance tax, so no death-related taxes are owed to the state. A federal estate tax does apply to estates exceeding the applicable federal exemption threshold, but most Texas estates fall below that level.

Regardless of estate size, the executor must file a final income tax return for the decedent covering income from January 1 through the date of death. For beneficiaries, inherited property generally isn’t treated as income under federal tax law, though appreciated assets may carry built-in capital gains consequences when sold. The right approach to these obligations depends on the specific composition and value of the estate, and an estate administration attorney can help identify what applies and coordinate with the appropriate tax professionals.