Probate Basics: Types of Probate in Texas and Timeline
Are you thinking that you need to probate a loved one’s estate? Are you getting ready to contact a probate attorney and you’re trying to learn about probate beforehand? Or maybe you’ve gotten started and wondering how much longer this process will take.
In Texas, there are a few choices with an Independent Administration, meaning that either there was a person named in a will to serve as Independent Executor or that all heirs are in agreement of the selection of an Independent Administrator. In an Independent Administration, the court will allow the Executor or Administrator to act without requesting permission for each action (Selling assets, distributions, etc). Without the designation in the will or the consensus of the heirs, a Dependent Administration will be ordered and requires permission from the court for each action, which extends the timeline drastically.
Below are the probate options available when there is a Will and/or an independent executor/administrator, general explanations, and timelines. Please note that the timeline is based on previous experience in Harris County Probate Courts and may not accurately reflect the timeline in other counties.
1. Muniment of Title: When a decedent has a will, there are no debts against the estate and only real property is needing to be transferred.
Approximate Timeline: 2-3 months, may be faster depending on availability for hearing dates.
2. Probate of Will and Appointment of Independent Executor: When a decedent has a will and does not fall into the requirements for a Muniment of Title. The decedent may have debts, financial accounts without beneficiaries listed, mineral rights, a company, etc. This is the most commonly used option.
Approximate Timeline: 2-3 months, may be faster depending on availability for hearing dates. Letters Testamentary will take about another 2 weeks to be mailed. We will have 30-60-90 day deadlines (Notice to Creditors, Notice to Beneficiaries, Inventory) after the executor is appointed. Total time from start to finish is about 6 months.
3. Determination of Heirship with Independent Administration: A decedent did not leave a will and does not fall under the Small Estate Affidavit requirements.
Approximate Timeline: 4-5 months depends on when the next available hearing date is, witness schedules, and the Ad Litem’s schedule. We will have 30-60-90 day deadlines (Notice to Creditors, Notice to Beneficiaries, Inventory) after the Administrator is appointed. Total time from start to finish is about 8-9 months.
The information contained in this post is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship.
