1. How long does it take to go through the probate process in Texas?
In Texas, the probate process typically takes anywhere from about four months to well over a year, depending on whether the decedent died with a will (testate) or without a will (intestate). The timeline may also be affected by the county in which the probate is filed—larger counties often have heavier caseloads—and whether all heirs or beneficiaries agree on how the matter can proceed. Our office is prepared to guide you through the process under all of the varying circumstances and is committed to handling your case as efficiently as possible during this difficult time.
2. What are “letters testamentary?”
Letters Testamentary (issued when the decedent had a will) and Letters of Administration (issued when the decedent did not have a will) are the official document issued by the Court once an Executor or Administrator has qualified as the Estate’s Representative confirming the authority of the Executor or Administrator to act on behalf of the estate. This document is frequently required by financial institutions, title companies, and the like to administer the decedent’s assets. The “Letters” allow the appointed individual to stand in the shoes of the Decedent for the purpose of collecting, managing, and distributing estate assets to the appropriate heirs or beneficiaries.
3. What if my loved one died without a will?
If your loved one died without a will (intestate), the first step in administering the estate is filing an Application for Determination of Heirship. Texas law establishes who the legal heirs are in the absence of a will, and all such individuals must be identified in the application and served with notice of the proceeding.
The Court will appoint an Attorney Ad Litem—a neutral third-party attorney—to investigate the family history through records such as birth, death, and marriage certificates, and by obtaining testimony from two disinterested witnesses provided by the applicant. This process ensures that the identified heirs are accurate.
Once heirship is determined, the Court may appoint an Administrator to collect and distribute the estate assets. If all heirs agree on the proposed Administrator, the process is typically simpler and more cost-effective, and the Court may permit an independent administration with minimal oversight. If there is no agreement, the Court will require a dependent administration, meaning the Administrator must seek Court approval for each action.
Our firm has extensive experience handling intestate estates and is prepared to guide you through each step of the process.
4. Is there a deadline for probating a will in Texas?
In Texas, a will must generally be admitted to probate within four years of the decedent’s death. Limited exceptions to this rule exist, but their application is within the Court’s discretion. Our office is available to assist you through this process and to evaluate the specific circumstances of your case in order to determine the most appropriate course of action.
5. What if I don’t have the original will but can only locate a copy of the will?
Probating a will based on a photocopy presents additional challenges; however, our firm routinely handles these matters and will guide you through each step. When the original will cannot be located, all legal heirs who would inherit in its absence must receive formal notice that the copy is being offered for probate. In Texas, there is also an automatic presumption that a missing original will was revoked by the decedent. The burden therefore rests on the proponent to demonstrate, to the Court’s satisfaction, that the will was not revoked.
Written by Kaitlin R. Goddard
Associate