Houston Estate Planning and Elder Law Attorney Blog
When clients or potential clients ask us how long the probate process typically takes in Texas, we always say that “it depends.” This answer can be frustrating, but there is unfortunately no cookie cutter answer to this common question. As we have described in past blogs, probate is the process through which a court authenticates and approves a decedent’s will, which allows the decedent’s beneficiaries to then inherit from the will. Probate can take anywhere from three months to one year from the date of filing (sometimes longer, in rare cases). There are several key factors that affect probate timelines in Texas.
Estate Planning Documents
Does the decedent have a will, trust, or other estate planning document in place? Is it thorough, detail oriented, and valid? If the court can quickly 1) identify the decedent’s estate plan and 2) confirm that the plan is legally valid, the beginning of probate can go pretty quickly. Sometimes, though, decedents die without any estate plan at all. Other times, they die with estate plans that are not up to standard and are difficult for the court to authenticate. Incomplete estate planning documents can delay the probate process significantly.
Disputes from Third Parties
If a beneficiary or other third party decides to dispute the validity of the will, this elongates probate. Sometimes, individuals that were left out of the will tend to argue before the court that the decedent fraudulently or mistakenly left them out as a beneficiary. It takes time for the court to consider these arguments and determine if they have merit.
Size and Complexity of the Estate
In general, smaller and simpler estates can pass through probate more quickly. While this rule does not always hold true, it is accurate in most cases. Estates with a lot of assets and/or with many kinds of assets can take the court longer to authenticate and approve. For some small estates, a small estate affidavit might be appropriate – filing this affidavit can significantly expedite the probate process and allow the court to review the entire estate on a more condensed timeline.
Do You Need a Houston Estate Planning Attorney for You or Your Family?
At McCulloch & Miller, we specialize in making the probate process as easy and straightforward as possible. We also help our clients figure out ways to avoid probate altogether if that is their goal. Either way, we provide peace of mind for those both drafting an estate plan and probating a loved one’s estate plan. If you want the best team of Houston estate planning attorneys in your corner, give our firm a call as soon as possible. We have decades of experience in the field and are well-equipped to handle your estate planning needs.
To set up a consultation with a Houston estate planning attorney from our firm, call McCulloch & Miller today at 713-597-7176. You can also fill out our online form, and an attorney will reach out to talk with you about the details of your case. We provide legal services related to estate planning, probate, trust administration, special needs planning, elder law, and more.