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 |
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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.
