How Long Does Probate Take in Texas?

What is the Probate Procedure?

It is a legal requirement by the State of Texas that a deceased’s person’s assets go through a probate process. Probate is a specifically designed legal system by which a deceased person (known as the decedent)’s Last Will and Testaments are brought before the Court of Texas, which then appoints an executor or estate administrator.

At this point, the probate process begins. While the probate process is often considered frustrating, overly lengthy, and arduous, it is necessary to ensure the proper family members, friends, or colleagues receive the property and assets to which they are entitled.

Probate is especially important and required if the deceased person did not leave a Last Will behind dictating their final wishes. At this point, the State of Texas must follow predetermined rules for asset distribution, and the procedure may take longer.

What Are the Steps to the Probate Procedure?

First, as mentioned above, the Court decides upon an executor of the deceased’s Will, often stated in the Will itself, or administrator of an estate’s assets. The Court then instructs the estate’s administrator or Will’s executor to work with a lawyer to identify the assets owned by the deceased.

Then, the executor/administrator, alongside a probate lawyer, evaluates the property’s liquid and non-liquid assets to file with the Court. The Court determines the estate’s value precisely or via estimate, then grants the executor/administrator permission to liquidate any asset not specifically intended for a beneficiary to pay the estate’s debts to lenders or creditors.

Over the next few months, creditors and lenders are contacted, and debts paid. If debts are left over, the executor/administrator may have to pay them themselves.

At last, assets are distributed via the Last Will or the legal mandates for the probate process.

How Long Does This Entire Process Take?

Each of the above steps will vary according to many factors; how well the deceased planned their estate, if there are challenges to the Will’s legitimacy, and more. It is nearly impossible to give a tried and true answer to the question of how long probate takes.

A well-planned estate can go through the entire process in as little as 30-45 days. Most cases average 3-6 months in length. However, if there are disputes to the process or the legitimacy of the Will, or if difficulties arrive during any of the process’s steps, it may lengthen that time greatly.

What Can I Do to Ensure My Family Doesn’t Go Through A Long Probate Process With My Estate?

The Estate Planning Lawyers at Rainey & Rainey, Attorneys at Law, LP, would gladly help you prepare the paperwork to ensure your family has as little a problem with your estate after you’re gone and can acquire the peace of mind they deserve during and after the grieving process. To keep your family from being tied up in arduous probate litigation, call Rainey & Rainey, Attorneys at Law, LP, at(254) 457-5083 today and consult with an estate planning attorney willing to lend a caring and considerate ear to how you wish for your estate to be handled.