Deadlines and Timelines in Texas Probate

What Are the Deadlines and Timelines in Texas Probate?

Key deadlines and timelines in a Texas probate include:

  • Action to void marriage after death: within one year of decedent’s death
  • Action to contest validity of will: not later than second anniversary of the date the will was admitted to probate
  • Admission of will to probate: no later than fourth anniversary of testator’s death
  • Application for family allowance: before inventory, appraisement, and list of claims of an estate are approved or, if applicable, before affidavit in lieu filed
 

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

§55.001

Action to void marriage after death

Within one year of decedent’s death

§123.102(c)

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

§124.016

Application to access intestate’s account information

No sooner than 90 days from decedent’s death

§153.003

Proceeding to declare heirship of a decedent

Any time after a decedent’s death, notwithstanding §16.051 (four years from date of accrual)

§202.0025

Admission of will to probate

No later than fourth anniversary of testator’s death

§256.003

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

§256.204

Application for letters testamentary or for administration

No later than fourth anniversary of testator’s death

§301.002

Opposition to application for letters of administration

Any time before an application for letters of administration is granted

§301.101

Period for taking an oath of personal representative

The 21st day after the date of the orders granting letters testamentary or of administration

§305.003

Period for giving bond

The 21st day after the date of the order granting letters, OR the date of any order modifying the bond requirement

§305.004

Granting of letters testamentary

Before the 21st day after the date a will has been probated, if permitted by law

§306.001

Named executor present will for probate

Before 31st day after testator’s death

§306.002

Notice of probate of will

Not later than the 60th day of after the date of an order admitting a decedent’s will to probate

§308.002

Affidavit or certificate of notice of probate

Not later than the 90th day after the date of an order admitting will to probate

§308.004

Notice to claimants

Within one month after receiving letters testamentary or of administration

§308.051

Notice to secured creditors

Within two months after receiving letters testamentary or of administration

§308.053

Permissive notice to unsecured creditors

At any time before an estate administration is closed

§308.054

Deadline for claim by unsecured creditor

Before the 121st day after the date of the receipt of the notice to unsecured creditor

§308.054 / §355.060

Inventory and Appraisement

Before the 91st day after the date the personal representative qualifies

§309.051/§361.155

Written excuse by joint personal representative for failure to file inventory, appraisement, etc.

Before the 61st 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

§309.055

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

§353.051(b)

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

§353.101(b)

Act on claim presented by deposit with clerk

Within 30 days of deposit or rejection presumed

§355.002

Objection to Form of Claim or Insufficiency of Exhibit or Voucher

No later than 30th day after date claim is presented and filed or deemed waived

§355.007

Personal Representative Allowance or Rejection of Claim

Not later than the 30th day after the date an authenticated claim is presented or deposited

§355.051

Court’s action on claim

Within 10 days of allowed and entered claim on claim docket

§355.055

Suit on Rejected Claim

Not later than the 90th day after the date of rejection

§355.064

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

§355.152

Claim by Personal Representative

Within six months after the date the representative qualifies

§355.201

Report of Bid or Contract For Sale of Estate Real Property

Not later than the 30th day after the date the bid is made or property placed under contract

§356.551

Account of Estate

Not later than the 60th day after the first anniversary of the date a personal representative qualifies and receives letters

§359.001

Annual Account of Estate

Not later than the 60th day after each anniversary of the date a personal representative qualifies and receives letters

§359.002

Additional accounts

At any time after expiration of 15 months from the date of original letters, upon written complaint by interested person

§359.006

Application for Partition and Distribution of Estate

Any time after the first anniversary of the date original letters granted

§360.001

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

§360.002

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

§360.253

Application for partition of jointly owned property

Any time after the first anniversary of the date original letters granted

§360.254

Application by removed personal representative for hearing regarding reinstatement

Not later than the 10th day after the date the court signs order of removal

§361.054

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

§403.052

Unsecured creditor claims in an independent administration

Before the 121st day after the date notice under §308.054 is received

§403.055

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

§404.001

Petition for accounting and distribution in independent administration

At any time after the expiration of two years after the clerk issues letters

§405.001

Objection to closing report in independent administration

Within 30 days of filing of closing report or notice of closing estate

§405.007

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

§451.004

Distribution of estate of person presumed dead

Not until the third anniversary of the date court granted letters

§454.004

Download Texas Probate Deadlines and Timelines.

San Antonio

Gilbert Vara, Jr.

Dallas

Steven S. Boss

Houston

Grace P. Shoemakers

Williamson County

Lorenza Cigarroa

Find Your Texas Probate Star

San Antonio

Gilbert Vara, Jr.

Houston

Grace P. Shoemakers

Dallas

Steven S. Boss

Williamson County

Lorenza Cigarroa