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How Long Do You Have to File Probate After Death in Texas?

When someone passes away, the legal process that follows can be confusing—especially for grieving families trying to handle matters quickly and properly. One of the most common questions we hear at The Lange Firm is: how long do you have to file probate after death in Texas?

It’s a vital question. Filing probate late—or failing to file at all—can have major consequences for how a deceased person’s estate is handled. It can affect everything from who inherits what, to whether the deceased’s wishes are honored, to whether property can legally be sold or transferred.

In this in-depth guide, we’ll walk you through everything you need to know about probate timing in Texas, including:

• What probate is

• The official deadlines

• What happens if you miss the probate deadline

• Special rules and exceptions

• How The Lange Firm can help

Whether you’re the named executor in a will or an heir trying to settle a loved one’s estate, this article is your go-to reference for understanding Texas probate timelines.

What Is Probate in Texas?

Probate is the legal process of settling a person’s estate after they die. It typically involves:

• Proving that a will (if one exists) is valid

• Appointing an executor or administrator

• Identifying and gathering the deceased person’s assets

• Paying debts and taxes

• Distributing remaining property to the rightful heirs or beneficiaries

In Texas, the probate process is overseen by the local probate or county court in the jurisdiction where the deceased resided.

The process can be simple, or it can be extremely complex. That’s why timing is so important.

Texas Probate Deadline: Four Years From the Date of Death

Under Section 256.003 of the Texas Estates Code, if the deceased left a will, the will must be filed for probate within four years of the person’s death.

This four-year limit is firm. If you try to file the will after four years, the court may refuse to admit it unless you can prove the delay wasn’t due to negligence or “default.”

Let’s look at the key details:

✅ If there’s a valid will:

You have four years from the date of death to file it with the probate court. If you miss that deadline, you may not be able to probate the will at all.

✅ If there is no will:

There’s technically no strict deadline to start probate in an intestate estate (where someone dies without a will). However, delaying still comes with risk. Property can be lost, records can become harder to obtain, and key parties (like heirs or witnesses) can die or become unreachable.

What Is “Default” in Texas Probate Law?

If someone tries to file a will after the four-year mark, Texas courts will want to know why the deadline was missed.

If the delay was due to “default”—meaning carelessness, neglect, or lack of diligence—the court will likely refuse to admit the will to probate.

Examples of “default” include:

• Knowing about the will but simply not filing it

• Assuming probate wasn’t necessary

• Waiting too long out of inconvenience

If, however, the delay was not your fault, the court may still allow a limited form of probate (such as muniment of title), provided certain conditions are met.

Why the Four-Year Deadline Matters

Filing probate on time protects everyone’s rights. Here’s what happens if you don’t:

❌ The will may be barred

After four years, courts can treat the will as void and probate the estate as if no will existed—called intestacy.

❌ Property may go to the wrong heirs

Texas intestacy laws don’t follow your loved one’s wishes—they follow a rigid formula. That can disinherit friends, stepchildren, or other intended beneficiaries.

❌ You may lose access to bank accounts or real estate

Without legal authority from probate, banks won’t release funds, and you can’t legally sell or transfer title to a home.

❌ You may be sued

If you’re a named executor or hold the will but don’t act in time, you could face legal claims from other heirs.

At The Lange Firm, we’ve seen these mistakes cost families thousands in legal fees and even result in losing property entirely. That’s why we strongly encourage prompt action.

Can You File Probate After Four Years?

Yes—but only in limited situations, and usually only through simplified procedures.

1. Muniment of Title (Limited Probate)

If more than four years have passed, but there is a valid will and no outstanding debts (except secured ones like a mortgage), you may be able to file a Muniment of Title.

This allows the court to recognize the will as evidence of ownership without going through full probate. However, you must still prove that the delay was not due to default.

It’s often used to transfer real estate titles or access accounts where the will clearly names the beneficiary.

2. Heirship Proceedings

If no will exists—or it can’t be used—you can file a Determination of Heirship to legally establish who the heirs are. This can happen even after four years.

It’s typically combined with Dependent or Independent Administration to appoint someone to manage the estate.

3. Small Estate Affidavit

If the estate is small (under $75,000 excluding the homestead), and there’s no will, heirs may be able to file a Small Estate Affidavit instead of opening probate. There’s no strict deadline, but banks and title companies may refuse to honor old affidavits if too much time has passed.

When Should You File Probate?

You don’t need to wait months or years. In fact, you can usually file probate within days of the death, once you have the death certificate.

Best Practice:

File probate within the first 30–90 days after death. This allows you to:

• Secure assets

• Prevent fraud

• Stop bills or government benefits

• Open estate accounts

• Begin inventory and appraisals

Delaying, even within the four-year limit, can cause practical problems. The longer you wait, the harder it gets.

What If the Executor Doesn’t File Probate?

If the person named as executor in the will doesn’t act, any interested party can file instead. This includes:

• Spouses

• Children

• Beneficiaries

• Creditors

In fact, if the executor delays unnecessarily, the court can remove them or appoint someone else.

At The Lange Firm, we often help families file probate even when the named executor won’t. You don’t have to be stuck—there are legal remedies.

Case Examples from The Lange Firm

✅ Filed Timely: Fast Home Sale

A Sugar Land widow came to us two weeks after her husband died. We filed probate quickly and helped her sell their home within 60 days. Because she acted fast, she avoided probate delays that would have derailed the sale.

✅ Late but Excused: Will Accepted

One client found her aunt’s will 5.5 years after death, inside a locked trunk in storage. She had no idea a will existed. We argued the delay was not due to “default,” and the court accepted the will for Muniment of Title probate.

❌ Missed Deadline with No Excuse

Another family waited 7 years, despite knowing about the will. They thought probate “wasn’t necessary.” The court denied the probate request, and the estate was divided under Texas intestacy laws.

Why Choose The Lange Firm for Probate in Texas?

Probate can feel overwhelming. At The Lange Firm, we make it manageable.

Here’s how we help:

• File probate petitions within the legal deadline

• Identify all assets and debts

• Deal with creditors and beneficiaries

• Guide families through Muniment of Title, heirship, or small estate affidavits

• Prevent costly mistakes that delay probate or increase taxes

With deep experience in Fort Bend County probate matters, our firm is committed to protecting your loved one’s legacy—efficiently and respectfully.

Common Questions About Probate Deadlines in Texas

❓ Can I file probate myself?

Yes, but it’s risky. Texas probate has technical filing requirements. Mistakes can cause delays or denial. A probate lawyer ensures compliance.

❓ What if I don’t have the will?

If you believe a will existed but can’t find it, you may need to probate the estate as intestate—unless a copy can be validated in court.

❓ Do I need to probate if there’s no property?

Maybe not—but many accounts, like life insurance or pensions, still need proof of death or heirship. Talk to a lawyer first.

❓ How much does it cost to file probate?

It varies. Simple filings may cost a few hundred dollars in court fees, while complex estates with multiple properties or disputes may cost more. The Lange Firm can provide a clear estimate during your intake.

Final Thoughts: Don’t Miss the Texas Probate Deadline

So, how long do you have to file probate after death in Texas?

✅ If there is a will: You have four years to file.
✅ If no will: There’s more flexibility—but don’t delay.
✅ After four years: Probate is still possible in some cases, but only with justification.

Missing these deadlines can undo a loved one’s final wishes and create long-lasting legal headaches.

If you’re unsure whether it’s too late—or if you need help starting the process—The Lange Firm is here to guide you every step of the way. We’ve helped countless Texas families protect what matters mo