How Long Does Probate Take in Texas? A Complete Timeline
Probate can be very challenging. Patience is key!
If someone you love has passed away and left behind property in Texas, one of the first questions on your mind is probably: how long does probate take in Texas? I hear this question almost every week from executors, administrators, and personal representatives across Central Texas. And I get it. You're grieving, you're overwhelmed, and now you have a legal process to navigate on top of everything else.
The honest answer is that it depends on the type of probate, but I can give you real timelines based on what I see in Travis, Williamson, Hays, Bexar, and surrounding counties. In most cases, probate in Texas takes anywhere from a few weeks to 12 months or more, depending on the path you take. Let me walk you through exactly what to expect.
What Determines How Long Probate Takes in Texas?
The biggest factor in your probate timeline is which type of probate administration applies to your situation. Texas offers several paths, and each one comes with a very different timeline. The main options are independent administration, dependent administration, muniment of title, and affidavit of heirship.
Other factors that affect the timeline include whether anyone contests the will, how many creditors the estate has, whether the property has title issues, and how quickly you and your attorney file the necessary paperwork. The court's calendar also matters. Some Texas counties move faster than others.
Let me break down each path so you can see where your situation likely falls.
How Long Does Independent Administration Take in Texas?
Independent administration is the most common type of probate in Texas when there's a valid will, and it's also the fastest full probate option. If the will names you as executor and grants you independent authority (most properly drafted wills do), this is the path you'll follow.
Here's a realistic timeline for independent administration:
Weeks 1 to 2: Filing the Application
Your probate attorney files the application to probate the will with the county court. In Travis County, Bexar County, Williamson County, and most Central Texas courts, you can typically get a hearing date within two to three weeks of filing.
Weeks 2 to 4: The Court Hearing
The probate hearing itself is usually brief, often under 15 minutes. The judge confirms the will is valid, appoints you as executor, and issues Letters Testamentary. These letters are your legal authority to act on behalf of the estate.
Weeks 4 to 8: Creditor Notice Period and Inventory
Once you're appointed, you're required to notify creditors and file an inventory of estate assets within 90 days. During this time, you can also begin working with a probate real estate specialist to prepare the property for sale if that's the plan. You don't have to wait for the inventory to be filed before listing the property.
Months 2 to 6: Property Sale and Estate Administration
If the estate includes real property, this is when the sale typically happens. Using the As-Is Market Strategy, I help executors list the property on the open market in its current condition. Most properties sell within 30 to 45 days. The closing process takes another 30 days or so after that.
Months 6 to 12: Closing the Estate
After all assets are sold, debts paid, and distributions made to beneficiaries, the estate can be closed. With independent administration, you generally don't need court approval for each step, which keeps things moving. Total timeline: 4 to 12 months for most independent administrations.
How Long Does Dependent Administration Take in Texas?
Dependent administration is more involved and takes significantly longer. This type of probate applies when there's no will, when the will doesn't grant independent authority, or when the court determines that closer oversight is needed. How Long Does Probate Take Without a Will?
Under dependent administration, the court must approve nearly every action the administrator takes, including selling real property. This means more hearings, more paperwork, and more time.
A realistic timeline for dependent administration is 12 to 24 months or longer. Each step requires a court order: filing the inventory, selling property, paying claims, and distributing assets. In busy counties like Bexar County or Travis County, scheduling these hearings can add weeks or months to the process.
If you're facing dependent administration, it's especially important to work with professionals who understand the court requirements. A probate real estate specialist can prepare the property and have a buyer ready so that when court approval comes through, you can close quickly.
How Long Does Muniment of Title Take in Texas?
Muniment of title is Texas's fastest probate option, and it's one of the reasons I love working in this state. If the deceased left a valid will, had no unpaid debts (other than debts secured by real property), and the will doesn't need a full administration, you may qualify for muniment of title. How Long Does Muniment of Title Take?
Here's what the timeline typically looks like:
Filing to hearing: 2 to 3 weeks. The court hearing: usually under 15 minutes. Recording the order: 1 to 2 weeks after the hearing. Total timeline: 4 to 6 weeks from filing to completion.
With muniment of title, the court simply recognizes the will as valid and transfers property directly to the beneficiaries. There's no need for an executor to be formally appointed, no inventory requirement, and no creditor claim process. It's remarkably efficient.
The catch is that not every estate qualifies. If there are unpaid debts, contested claims, or complications with the will, you'll need to go through full administration instead.
What About Affidavit of Heirship?
An affidavit of heirship isn't technically probate at all, but it's worth mentioning because it's another way to transfer property in Texas. This option works when someone dies without a will and the estate is relatively straightforward.
An affidavit of heirship can be prepared and recorded in as little as one to two weeks. However, many title companies require that the affidavit be on record for a period of time (sometimes several years) before they'll insure a sale based solely on the affidavit. For this reason, if you need to sell the property soon, pairing the affidavit with a probate proceeding is often the better strategy.
Week-by-Week Probate Timeline for Texas Executors
Here's a condensed overview of what a typical independent administration looks like when everything goes smoothly:
Week 1: Meet with a probate attorney and file the application. Week 2 to 3: Attend the probate hearing and receive Letters Testamentary. Week 3 to 4: Publish creditor notice, begin asset inventory, and contact a probate real estate specialist about the property. Week 4 to 8: List the property for sale using the As-Is Market Strategy. Finalize the estate inventory. Week 8 to 12: Accept an offer, go through the closing process. Week 12 to 16: Distribute sale proceeds to beneficiaries. Month 6 to 12: Pay any remaining debts, file final accounting, and close the estate.
Keep in mind that this is an ideal scenario. Complications like title defects, heir disputes, or creditor claims can extend any of these phases. But the point is that with the right team in place, probate doesn't have to drag on for years.
What Slows Down Probate in Texas?
From what I've seen helping executors across Austin, San Antonio, Round Rock, Georgetown, and surrounding areas, the most common causes of delay include:
Will contests or disputes among heirs. These can add months or even years. Missing or unclear property titles. Title issues must be resolved before a sale can close. Creditor claims that need to be validated or disputed. Delays in filing paperwork or scheduling court hearings. Properties that sit unsold because the executor isn't sure what to do.
That last one is more common than you'd think. Many executors lose valuable time because they're paralyzed by the decision of whether to repair the house, accept a cash offer, or list it on the market. The sooner you talk to a probate real estate specialist, the sooner you can make an informed decision and keep the timeline moving. Texas Probate Timeline: Month by Month
Can You Speed Up Probate in Texas?
While you can't control the court's schedule, there are several things you can do to keep probate moving as quickly as possible.
First, hire a probate attorney early. Filing promptly and correctly avoids delays from the start. Second, get organized. Gather the will, death certificate, property deeds, and financial documents before your first meeting with the attorney. Third, contact a probate real estate specialist as soon as you have Letters Testamentary (or even before). I often start working with executors during the probate process so the property is ready to list the moment they have legal authority.
Fourth, consider whether muniment of title is an option. If you qualify, this can cut your timeline from months to weeks. How Long Does Probate Take with a Will? And finally, avoid the temptation to accept the first cash offer that comes in the mail. Those unsolicited offers from wholesalers will cost the estate $40,000 to $80,000 or more compared to listing on the open market. Taking a few extra weeks to list properly is almost always worth it.
How Long Does It Take to Sell a House During Probate?
This is really the question most executors are asking when they want to know how long probate takes. The property sale is often the most significant piece of the puzzle.
Using the As-Is Market Strategy, here's what I typically see in the Central Texas market: preparation and listing takes about 1 to 2 weeks, receiving offers takes 2 to 4 weeks on market, and closing takes 30 to 45 days after accepting an offer. Total time from listing to closing: about 45 to 75 days.
The key advantage of the As-Is Market Strategy is that you don't need to spend $30,000 to $50,000 on repairs or wait months for renovations. The property goes on the MLS in its current condition, gets full market exposure, and attracts competitive offers from real buyers, including investors, first-time buyers using renovation loans, and everyone in between.
What This Means for You as an Executor
If you're an executor or personal representative dealing with a probate property in Texas, the timeline doesn't have to feel endless. Most estates with real property can go from filing to property sale in 3 to 6 months when everyone involved is working efficiently.
The most important thing you can do right now is understand which type of probate applies to your situation and start assembling your team: a probate attorney for the legal process and a certified probate real estate specialist for the property.
Ready to Talk About Your Probate Property?
If your probate timeline feels overwhelming and you need help selling the property, I'd love to help. Call or text me at 512.686.3076, or book a free, no-obligation consultation at texasprobaterealestate.com/contact. I'll give you an honest assessment of your property's value and walk you through all your options.
About the Author
Jeremy Kritt is a licensed Texas real estate broker and Certified Probate Expert specializing in probate real estate across Travis, Williamson, Hays, Bell, Bastrop, Comal, and Bexar Counties. With nearly a decade of experience helping executors and personal representatives sell inherited properties, Jeremy has developed the Advanced As-Is Market Strategy that consistently nets estates $40,000 to $80,000 more than off-market cash offers, without requiring any property repairs. Call or text 512.686.3076 or book a consultation at texasprobaterealestate.com/contact.
