Houston Estate Planning and Elder Law Attorney Blog
Texas law imposes a strict four-year deadline to file a will for probate after the testator’s death. Under Texas Estates Code § 256.003, if an interested party does not submit the will to the appropriate probate court within that window, the options for probating the estate narrow considerably — and some disappear entirely. For Houston families dealing with a loved one’s passing, understanding this deadline early can prevent costly complications down the road.
McCulloch & Miller, PLLC has guided families through the Texas probate process for over 35 years, handling filings in all four Harris County Probate Courts and courts across Fort Bend County, Montgomery County, and the greater Houston metro area. The firm offers flat fee pricing on many probate matters, and founding partner Thomas McCulloch holds dual credentials as both an attorney and a CPA — a combination that provides an analytical edge when tax and estate administration issues intersect.
What Is the Four-Year Probate Deadline in Texas?
Under Texas Estates Code § 256.003, a will must be offered for probate no later than four years after the date of the decedent’s death. This deadline applies to all probate proceedings in Texas, whether filed in Harris County, Fort Bend County, or any other Texas county. The four-year clock begins running on the date of death — not the date the will is discovered or the date a family decides to act.
If a will is submitted within this window, the court can admit it to probate through standard proceedings such as independent administration or as a muniment of title. The executor named in the will can receive Letters Testamentary and begin managing the estate’s assets, paying debts, and distributing property to beneficiaries.
What Happens If You Miss the Four-Year Deadline?
Missing the four-year deadline does not necessarily mean the will becomes worthless, but it does eliminate the most common probate paths. After four years, a Texas court can only admit the will as a muniment of title — and only if the applicant can demonstrate they were not “in default” for failing to present the will sooner.
The “not in default” standard is fact-specific. Texas courts have found applicants not in default when they were unaware a will existed, when the will was in someone else’s possession, or when there was a reasonable explanation for the delay. Courts have found applicants in default when they simply chose not to act or allowed the deadline to pass without justification.
If the court determines the applicant was in default, the will cannot be probated at all. In that scenario, the estate is treated as though the decedent died intestate — without a will — and Texas intestate succession laws under Texas Estates Code § 201.001 et seq. control how assets are distributed. This outcome can redirect property away from the people the decedent intended to receive it.
Does the Four-Year Deadline Apply to All Probate Filings?
The four-year rule applies specifically to probating a will. It does not apply to heirship proceedings or other intestate estate administration. If someone dies without a will, there is no statutory deadline for opening an administration of the estate, though practical considerations — such as creditor claims, real property transfers, and financial account access — create strong incentives to act promptly.
A Houston probate attorney can evaluate the specific circumstances of an estate and determine which filing paths remain available depending on how much time has passed and what documentation exists.
Why Do Families Delay Filing for Probate?
In practice, families delay filing for probate for a variety of reasons. Grief and emotional difficulty are the most common. Other families delay because they believe probate is unnecessary — especially when the decedent’s assets were modest or when the surviving spouse assumes they automatically inherit everything. In some cases, family disputes cause inaction.
None of these reasons, standing alone, is likely to satisfy the “not in default” standard if the four-year window passes. Texas courts generally expect that a person who knows about the will and has access to it should file within the statutory period. The longer the delay, the harder it becomes to justify.
Families in Houston and Harris County who are unsure whether probate is needed should consider scheduling a consultation sooner rather than later. Even if the estate appears straightforward, confirming the right approach early can preserve options that disappear with time.
What Are the Steps to File Probate in Harris County?
Filing for probate in Harris County involves several steps. The process begins with submitting an application to one of the four Harris County Probate Courts, along with the original will. The application identifies the decedent, the proposed executor, the heirs, and the type of administration being requested.
After filing, the court sets a hearing — typically two to three weeks later. At the hearing, the applicant or a witness must testify to validate the will. If the court is satisfied, it admits the will to probate and issues Letters Testamentary to the executor, granting legal authority to act on behalf of the estate.
For estates that qualify, the entire process from filing to Letters Testamentary can take as little as three to four weeks in Harris County. More complex estates — particularly those involving contested claims or dependent administration — may take longer.
Frequently Asked Questions
Can I probate a will after four years in Texas?
Possibly, but only as a muniment of title, and only if you can prove you were not “in default” for failing to file on time. The court examines the specific reasons for the delay on a case-by-case basis under Texas Estates Code § 256.003.
What is the penalty for not filing probate in Texas?
There is no criminal penalty for failing to file probate. However, if the four-year deadline passes and the applicant cannot prove they were not in default, the will cannot be probated. The estate is then administered under Texas intestate succession laws, which may distribute assets differently than the will directed.
How long does probate take in Harris County?
An uncontested probate in Harris County typically takes three to four weeks from the filing of the application to the issuance of Letters Testamentary. Contested matters or dependent administrations can take several months or longer depending on the complexity of the estate.
Talk to a Houston Probate Attorney
If you need to file for probate in Houston or Harris County — or if you are concerned about an approaching deadline — the attorneys at McCulloch & Miller, PLLC can evaluate your situation and explain your options. With over 35 years of experience in Texas probate courts, the firm handles everything from straightforward muniment of title proceedings to complex estate administrations. Flat fees are available for many probate matters.
Call (713) 333-8900 or schedule a consultation online to discuss your case.
This article is for informational purposes only and does not constitute legal advice. Every situation is different — consult with a qualified attorney to discuss your specific circumstances.