When a loved one names you executor, you take on legal responsibilities during a period of loss, and several of them carry strict deadlines. Knowing the sequence of probate in Texas, from the first application to the final notices, can help you act on time and protect the estate.
File the application within the four-year period
Probate is the court process that confirms a will and gives you, as executor, the authority to act. You file the application in the county where the person lived, and whoever holds the will must deliver it to the court clerk, or give it to you, upon learning of the death.
The deadline is four years. A will generally cannot be admitted to probate after the fourth anniversary of the death, and letters testamentary, your proof of authority, are not available after that date.
Prove the will at the hearing
Filing the application starts the court’s review, which moves through three steps before the court admits the will:
- The clerk issues a citation, a public notice of the hearing, and the sheriff or a constable posts it at the courthouse for at least 10 days.
- At the hearing, you prove, among other things, that the person has died, that four years have not passed and that the will was not revoked. A self-proved will, which carries a notarized affidavit signed by the witnesses, generally does not require witness testimony.
- Once the court is satisfied, it admits the will, and you qualify as executor and receive letters testamentary.
Admission of the will and receipt of letters testamentary start the notice and inventory deadlines.
Give notice and file the inventory
As executor, you have four tasks after the will is admitted, each with its own starting point, as county probate court instructions summarize:
- Notifying the beneficiaries: Within 60 days after the order admitting the will, you must notify the beneficiaries named in the will, unless they have already appeared or waived notice.
- Notifying unsecured creditors: Within one month after you receive letters, you must publish a notice in a newspaper.
- Notifying secured creditors: Within two months after you receive letters, you must send notice by certified mail to creditors that hold liens on estate property, such as a mortgage lender.
- Filing the inventory: No later than the 90th day after you qualify, you must file a written inventory that lists the estate’s property, states its value, and identifies the claims the estate holds, or, if the law permits, an affidavit instead of the inventory.
Failing to file the inventory can lead to an order to show cause, revocation of letters or a fine of up to $1,000.
Getting guidance before the first deadline
Because the dates run from different events, such as the date of death and the date of qualification, you could overlook one. A missed deadline can delay the estate or expose you to penalties.
An experienced attorney can calculate each deadline from its correct starting date, prepare the required notices and the inventory, and represent you if the court questions how you have administered the estate. Consulting one before the first deadline may help you protect the estate and your position as executor.
