Texas Probate Timeline If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
To probate a will, you'll need to file an application in a probate court. This is typically done in the county where the deceased had lived. Other rules will apply if the person lived out of state. The court will schedule a hearing to examine the will and listen to any objections.
The form must include: The witnesses' names and addresses. Relationships to the decedent. Decedent's date of death. Decedent's marital history. Decedent's family history (children, grandchildren, parents, siblings, nieces/nephews)
As stated, Texas law deems wills to be public records once admitted to probate court. This means that any member of the public can access and view the will by visiting the county clerk's office in the county where the will was probated.
After you have filed the original will, request a hearing date by emailing probateone.hearings@traviscountytx. To schedule a jury trial, email probateone.hearings@traviscountytx or call the Probate Court No. 1 Coordinator at (512) 854-9258.
A Will does not convey title, possession, or property interest until admitted to probate. In Texas, a Will must generally be admitted to probate within 4 years of the decedent's death.
You can access various court records through legal databases like Lexis, Westlaw, and Fastcase. State Law Library patrons can use Fastcase remotely to find final opinions for select Texas and federal appellate cases.
Probate records of Texas have been kept by the probate clerk in each county courthouse. You can obtain copies of the records from the clerk's office. In most counties, all information pertaining to a probate case is recorded in the "probate minutes."