Key deadlines and timelines in a Texas probate include:
For a downloadable (pdf) of the Texas probate deadlines and timelines guide, click Texas Probate Deadlines and Timelines.
TYPE OF FILING
DEADLINES
Texas Estates Code
Opposition in probate proceeding
Any time before the court decides the issue
Action to void marriage after death
Within one year of decedent’s death
Action by representative to recover unpaid estate tax
Not required within 90 day period after IRS determination of the final amount of estate tax; no liability or surcharge if done within reasonable time thereafter if becomes uncollectible
Application to access intestate’s account information
No sooner than 90 days from decedent’s death
Proceeding to declare heirship of a decedent
Any time after a decedent’s death, notwithstanding §16.051 (four years from date of accrual)
Admission of will to probate
No later than fourth anniversary of testator’s death
Action to contest validity of will
Not later than the second anniversary of the date the will was admitted to probate, OR the date forgery or fraud was discovered if seeking to cancel will on such grounds, OR incapacitated person’s disabilities are removed
Application for letters testamentary or for administration
No later than fourth anniversary of testator’s death
Opposition to application for letters of administration
Any time before an application for letters of administration is granted
Period for taking an oath of personal representative
The 21 st day after the date of the orders granting letters testamentary or of administration
Period for giving bond
The 21 st day after the date of the order granting letters, OR the date of any order modifying the bond requirement
Granting of letters testamentary
Before the 21 st day after the date a will has been probated, if permitted by law
Named executor present will for probate
Before 31 st day after testator’s death
Notice of probate of will
Not later than the 60 th day of after the date of an order admitting a decedent’s will to probate
Affidavit or certificate of notice of probate
Not later than the 90 th day after the date of an order admitting will to probate
Notice to claimants
Within one month after receiving letters testamentary or of administration
Notice to secured creditors
Within two months after receiving letters testamentary or of administration
Permissive notice to unsecured creditors
At any time before an estate administration is closed
Deadline for claim by unsecured creditor
Before the 121 st day after the date of the receipt of the notice to unsecured creditor
Inventory and Appraisement
Before the 91 st day after the date the personal representative qualifies
Written excuse by joint personal representative for failure to file inventory, appraisement, etc.
Before the 61 st day after the date the representative files the inventory, appraisement, and list of claims or the affidavit in lieu of an inventory, appraisement, and list of claims
Application to set aside exempt property, including homestead
Before inventory, appraisement, and list of claims of an estate are approved or, if applicable, before affidavit in lieu is filed
Application For Family Allowance
Before inventory, appraisement, and list of claims of an estate are approved or, if applicable, before affidavit in lieu is filed
Act on claim presented by deposit with clerk
Within 30 days of deposit or rejection presumed
Objection to Form of Claim or Insufficiency of Exhibit or Voucher
No later than 30 th day after date claim is presented and filed or deemed waived
Personal Representative Allowance or Rejection of Claim
Not later than the 30 th day after the date an authenticated claim is presented or deposited
Court’s action on claim
Within 10 days of allowed and entered claim on claim docket
Suit on Rejected Claim
Not later than the 90 th day after the date of rejection
Specifying Treatment of Secured Claim
Within later of six months after letters are granted, or four months after date notice under §308.053 is received
Claim by Personal Representative
Within six months after the date the representative qualifies
Report of Bid or Contract For Sale of Estate Real Property
Not later than the 30 th day after the date the bid is made or property placed under contract
Account of Estate
Not later than the 60 th day after the first anniversary of the date a personal representative qualifies and receives letters
Annual Account of Estate
Not later than the 60 th day after each anniversary of the date a personal representative qualifies and receives letters
At any time after expiration of 15 months from the date of original letters, upon written complaint by interested person
Application for Partition and Distribution of Estate
Any time after the first anniversary of the date original letters granted
Application for partial distribution of estate
At any time after original letters are granted and the inventory, appraisement, and list of claims are filed and approved
Application by surviving spouse for partition of community property
At any time after letters testamentary or of administration have been granted and an inventory, appraisement, and list of claims of the estate have been returned or affidavit in lieu filed
Application for partition of jointly owned property
Any time after the first anniversary of the date original letters granted
Application by removed personal representative for hearing regarding reinstatement
Not later than the 10 th day after the date the court signs order of removal
Secured claims for money in an independent administration
Within six months after the date letters are granted OR within four months after the date notice is received under section 308.053, whichever is later
Unsecured creditor claims in an independent administration
Before the 121 st day after the date notice under §308.054 is received
Accounting in independent administration
Within 60 days of demand by interested person made any time after the expiration of 15 months from clerk issuance of letters
Petition for accounting and distribution in independent administration
At any time after the expiration of two years after the clerk issues letters
Objection to closing report in independent administration
Within 30 days of filing of closing report or notice of closing estate
Application to revoke order of no administration
At any time, but not later than the first anniversary of the date of entry of order of no administration
Distribution of estate of person presumed dead
Not until the third anniversary of the date court granted letters
