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Deadlines and Timelines in Texas Probate

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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 FILINGDEADLINESTexas Estates Code
   
Opposition in probate proceedingAny time before the court decides the issue§55.001
Action to void marriage after deathWithin one year of decedent’s death§123.102(c)
Action by representative to recover unpaid estate taxNot 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 informationNo sooner than 90 days from decedent’s death§153.003
Proceeding to declare heirship of a decedentAny time after a decedent’s death, notwithstanding §16.051 (four years from date of accrual)§202.0025
Admission of will to probateNo later than fourth anniversary of testator’s death§256.003
Action to contest validity of willNot 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 administrationNo later than fourth anniversary of testator’s death§301.002
Opposition to application for letters of administrationAny time before an application for letters of administration is granted§301.101
Period for taking an oath of personal representativeThe 21st day after the date of the orders granting letters testamentary or of administration§305.003
Period for giving bondThe 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 testamentaryBefore the 21st day after the date a will has been probated, if permitted by law§306.001
Named executor present will for probateBefore 31st day after testator’s death§306.002
Notice of probate of willNot 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 probateNot later than the 90th day after the date of an order admitting will to probate§308.004
Notice to claimantsWithin one month after receiving letters testamentary or of administration§308.051
Notice to secured creditorsWithin two months after receiving letters testamentary or of administration§308.053
Permissive notice to unsecured creditorsAt any time before an estate administration is closed§308.054
Deadline for claim by unsecured creditorBefore the 121st day after the date of the receipt of the notice to unsecured creditor§308.054 / §355.060
Inventory and AppraisementBefore 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 homesteadBefore 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 AllowanceBefore 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 clerkWithin 30 days of deposit or rejection presumed§355.002
Objection to Form of Claim or Insufficiency of Exhibit or VoucherNo later than 30th day after date claim is presented and filed or deemed waived§355.007
Personal Representative Allowance or Rejection of ClaimNot later than the 30th day after the date an authenticated claim is presented or deposited§355.051
Court’s action on claimWithin 10 days of allowed and entered claim on claim docket§355.055
Suit on Rejected ClaimNot later than the 90th day after the date of rejection§355.064
Specifying Treatment of Secured ClaimWithin later of six months after letters are granted, or four months after date notice under §308.053 is received§355.152
Claim by Personal RepresentativeWithin six months after the date the representative qualifies§355.201
Report of Bid or Contract For Sale of Estate Real PropertyNot later than the 30th day after the date the bid is made or property placed under contract§356.551
Account of EstateNot later than the 60th day after the first anniversary of the date a personal representative qualifies and receives letters§359.001
Annual Account of EstateNot later than the 60th day after each anniversary of the date a personal representative qualifies and receives letters§359.002
Additional accountsAt 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 EstateAny time after the first anniversary of the date original letters granted§360.001
Application for partial distribution of estateAt 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 propertyAt 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 propertyAny time after the first anniversary of the date original letters granted§360.254
Application by removed personal representative for hearing regarding reinstatementNot later than the 10th day after the date the court signs order of removal§361.054
Secured claims for money in an independent administrationWithin 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 administrationBefore the 121st day after the date notice under §308.054 is received§403.055
Accounting in independent administrationWithin 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 administrationAt any time after the expiration of two years after the clerk issues letters§405.001
Objection to closing report in independent administrationWithin 30 days of filing of closing report or notice of closing estate§405.007
Application to revoke order of no administrationAt 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 deadNot until the third anniversary of the date court granted letters§454.004

Download Texas Probate Deadlines and Timelines.

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