How Long Does Probate Take Without a Will in Texas?

When a loved one passes away without a valid will – known as dying intestate – it can feel overwhelming. Family members often wonder, “How long will the probate process take?”

The truth is that probate without a will typically takes longer and can be more complex than probate with a will.

What To Expect

Here’s what to expect when navigating an intestate probate in Texas:

1. Getting Started: Filing the Application

Probate in Texas begins with filing an application for probate in the county where the deceased person lived. Once the application is submitted, the probate court generally waits at least 10 days before scheduling a hearing.

2. Determining Heirs

With no will to identify beneficiaries, the probate court must legally establish the deceased’s heirs. This is often done through a process called a heirship proceeding. Determining heirs can involve witness testimony and sometimes research into family history, all of which can add extra time to the process.

3. Timeline for Intestate Probate

In most straightforward cases, Texas probate without a will may take 6 to 12 months or more to complete. Factors that can cause delays include:

• The complexity of the estate
• Whether all heirs can easily be located
• Any disputes or contested heirship proceedings
• The need to sell property or resolve creditor claims

If the estate is larger or more complicated – for example, if there are multiple properties, significant debts, or disagreements among heirs – the probate process can stretch beyond a year.

4. The Role of an Administrator

Since there’s no will naming an executor, the probate court will appoint an administrator to oversee the estate. The administrator must file an inventory of assets, pay valid debts, and ultimately distribute any remaining property to the legal heirs according to Texas intestacy laws.

5. Ways to Streamline the Process

Although probate without a will is typically more time-consuming, working with a knowledgeable Texas probate attorney can help you avoid unnecessary delays.

An experienced probate lawyer can:

✅ Prepare accurate legal documents
✅ Help locate heirs and creditors
✅ Guide you through required court hearings
✅ Reduce the risk of costly mistakes

Final Thoughts

Probating an estate without a will in Texas is rarely quick, but with experienced guidance, it can proceed as efficiently as possible. Every family’s situation is unique – and the best way to understand your options and the expected timeline is to speak directly with a probate attorney.

Ready to Get Help With Probate?

If you’re dealing with an intestate estate, a complex estate situation, or have questions about the probate process in Texas, we’re here to help. Contact our experienced probate attorneys today to schedule a case review.

Let us guide you through the process with compassion and care.