How Long Does Probate Take in Texas? Understanding Timelines and Possible Delays

Until you go through the probate process, you have no reason to know how the probate process works. At McCulloch & Miller, we are experts in probate so that you don’t have to be. One question our clients often ask is how long probate takes from beginning to end. The short answer: it depends. The longer answer is below.

Factors Affecting Possible Delays in Probate

Probate in Texas can take anywhere from three months to one year to complete. The amount of time depends on several factors. One such factor is the size of the estate; while not always true, it is common that larger estates take longer to go through probate. Another factor is the complexity of the estate: are there many different kinds of assets, or is the estate mostly made up of one account or one kind of account?

A third factor that can influence the length of probate is the potential for any disputes among beneficiaries. If beneficiaries fight about issues such as whether the descendent had legal capacity when writing the will, whether the will is legally valid, or how to interpret the will, the process could take longer. One way to avoid this kind of dispute is early and often communication with your loved ones. If you prepare your beneficiaries for what will happen when you die, making sure to help them understand how you came to your specific choices, they are less likely to have any disputes during the process.

Avoiding Probate Altogether

Because probate has so many variables, many of our clients choose to employ an estate planning tool that helps them avoid probate altogether. For example, you could put your assets into a trust, which exempts those assets from probate. You could also use the a transfer on death account, which means that the money in your designated account goes straight to your named beneficiary instead of going through probate at all. There are also options for real estate ownership such as the “joint ownership with the right of survivorship,” which allows property to transfer directly to a co-owner upon one owner’s death. These tools are of course just a few examples, and to find which one might be right for you and your beneficiaries, contact a Houston estate planning attorney you can trust.

Have You Found Your Houston Estate Planning Attorney?

If you and your family are still on the lookout for a Houston estate planning attorney, give us a call at McCulloch & Miller. Our firm takes a client-centered approach to every case, making sure we understand our clients’ goals in order to advise them on the best strategy for them. Our clients trust us to offer sage and thoughtful advice, and we are proud to make estate planning easier for those we represent.

For a consultation with a Houston estate planning attorney from our team, give us a call today at (713) 333-8900. You can also fill out our online form to tell us about your circumstances and have an attorney reach back out to you as soon as possible. We cover probate, estate planning, elder law, trust administration, special needs planning, and more.

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