Probate in Texas without a will usually takes six to nine months for a straightforward estate, and often more than a year when the estate is complicated, heirs disagree, or the court keeps the administrator on a short leash through dependent administration. Several steps built into the Texas Estates Code set a floor on how fast any intestate case can move, so even the simplest estate rarely closes in under half a year.
The Steps That Set the Minimum Timeline
Three required procedures run on fixed clocks and together establish how quickly an intestate estate can realistically close.
The Heirship Proceeding
Because there is no will naming beneficiaries, Texas Estates Code Chapter 202 requires a formal court proceeding to determine who the heirs are. This is the step that most often adds unpredictable time.
The court appoints an attorney ad litem in every heirship case to represent any heirs whose names or locations are unknown. That attorney reviews public records, interviews the two disinterested witnesses the applicant must produce, and searches for relatives who may have been left out of the application. The investigation has to be completed and a report filed before the court will schedule a hearing. A simple family structure may take a few weeks; multiple marriages, half-siblings, or missing relatives can stretch it to several months. The estate pays the fee, which commonly starts around $500 for a straightforward case and varies by county.
Once the ad litem files the report, the court schedules a prove-up hearing. The applicant and two disinterested witnesses (people familiar with the family but with no stake in the estate) testify under oath about marriages, children, and other relatives entitled to inherit. If only one disinterested witness can be found after a diligent search, the court may accept that single testimony. The judge then signs an order determining heirship, which is the foundation for everything that follows.
The 90-Day Inventory
Once the administrator qualifies, a verified inventory and appraisement of all estate property is due within 90 days. It lists every asset, assigns a fair market value as of the date of death, specifies which items are community versus separate property, and attaches a list of debts owed to the estate. The court can grant an extension on request.
The Creditor Claims Window
Within one month of receiving letters of administration, the administrator must publish a notice to creditors in a newspaper of general circulation in the county. The administrator can also send direct notice to specific unsecured creditors, and a creditor who receives direct notice has 120 days to present a claim or lose it. The estate cannot be fully closed until these windows have run and valid claims are addressed. That gives every intestate case a fixed minimum duration no matter how simple it otherwise is.
When a Small Estate Affidavit Can Replace Full Probate
Not every intestate estate needs the full process. Texas Estates Code Chapter 205 allows a small estate affidavit when the total value of assets (excluding homestead and exempt property) does not exceed the estate’s known liabilities. All heirs must sign the affidavit listing assets, debts, and family relationships, and it is filed with the probate court at least 30 days after the death. If the court approves it, property can be transferred without appointing an administrator at all. This route can resolve an estate in weeks rather than months, and it is worth checking against your numbers before preparing a full probate application.
Independent Administration: The Biggest Lever for Speed
The single factor that most changes the length of an intestate case is whether the court allows independent or dependent administration.
In a dependent administration, the administrator must get court approval for most actions: selling property, paying debts, distributing assets. Each approval needs its own filing and hearing, and each hearing has to wait for a slot on the docket. The accumulated scheduling delay is substantial.
In an independent administration, the administrator handles estate business without ongoing supervision, aside from filing the inventory. Texas allows this in intestate cases, but only if every heir agrees to it, collectively designates the person who will serve, and the court has first confirmed through the heirship proceeding that the agreeing parties are in fact all of the heirs. If even one heir objects or cannot be located, the estate defaults to dependent administration. When the family is cooperative, requesting independent administration in the initial filing is the most effective way to shorten the overall timeline.
What Else Stretches a Case Past Nine Months
Even with independent administration, the following variables can push a case well past a year:
- Court docket congestion. Urban counties with large populations often have crowded probate dockets and longer waits between filings and hearings. Rural counties may have lighter caseloads but hold court sessions less frequently.
- Estate complexity. One home and one bank account resolves faster than real estate in multiple counties, business interests, or contested debts.
- Heir cooperation. Disagreements over who should serve as administrator, contested heirship claims, or heirs who are hard to locate all add months.
- The attorney ad litem’s investigation. The time needed to search for unknown heirs is one of the least predictable variables.
- Rejected creditor claims. If the administrator rejects a claim, the creditor has 90 days to file suit, which can hold up closing.
- Dependent administration. Each major action requires a separate court hearing, and each hearing waits on the docket.
Preparing Before You File
Delays often start before anyone sees a courtroom. Gathering the right material before filing shortens the heirship proceeding and keeps the inventory deadline realistic.
Collect a certified death certificate, a list of all known assets (real estate, bank accounts, vehicles, investments), and a list of all known debts. Identify every potential heir by full name, physical address, relationship to the deceased, and whether they are an adult or a minor. These details feed into two filings that are often combined into one document: the application for determination of heirship and the application for letters of administration. Some county probate courts post checklists and sample forms online.
Identify the two disinterested witnesses early. Texas law requires their testimony to verify the family structure, and scrambling to find them after filing is a common source of delay.
Expect to budget for the court filing fee (a $137 state consolidated fee plus a $223 local consolidated fee, totaling $360, with additional charges for certified copies, service, and other services pushing the total closer to $450 or more depending on the county), the attorney ad litem’s fee paid from the estate, the administrator’s surety bond premium, newspaper publication costs for the creditor notice, and attorney’s fees if you hire a lawyer.
Qualifying as Administrator
After the heirship order is signed, the newly appointed administrator must take a formal oath (or sign a declaration under penalty of perjury) and, unless the court waives it, post a surety bond. The bond amount is set based on the estimated value of the estate, and the premium paid to a bonding company can range from a few hundred to several thousand dollars depending on size. Obtaining the bond takes a few days to a few weeks. Once the oath is filed and the bond approved, the county clerk issues letters of administration, which are the official proof of authority to access bank accounts, transfer titles, and manage estate affairs. The 90-day inventory clock and the one-month creditor notice clock both start running from this point.
Closing the Estate
Once debts are paid, any required tax returns are filed, and assets are distributed to heirs according to the heirship order, the administrator files a final accounting with the court detailing every transaction. After the court reviews and approves it, the judge signs a discharge order releasing the administrator and closing the case. A straightforward estate with cooperative heirs and no contested claims typically reaches this point in six to nine months. Estates with disputes, complex assets, or dependent administration commonly run beyond a year, and genuinely contested cases can take significantly longer.