Your heirs likely want the probate process to be completed quickly. The quicker the process is completed, the quicker they receive their inheritance. But just how long does it take for the probate process to be completed?
Beginning the probate process
Under Texas law, you have up to four years from the date of the decedent’s passing to initiate the probate process. So, while probate may be filed quickly, it could be years before the process even begins.
The type of probate filed
How long probate will last is dependent on what type of probate you are pursuing.
The quickest type of probate is muniment of title. This can be pursued if the decedent did not have any debts at the time of their death. Muniment of title can be completed in as few as 30 days.
Independent administration is another type of probate that you can request in your will. If all of your heirs are on the same page regarding your will, the probate of your estate through independent administration can be completed without much court involvement. Independent administration can take around six months for simple estates.
A third type of probate is dependent administration. Courts are involved in all steps of the dependent administration process. Dependent administration can be sought if an heir wants to challenge the decedent’s will.
In general, resolving disputes takes time. Also, in dependent administration, creditors have six months to make claims. In the end, dependent administration can take a year or more to complete.
Probate via a small estate affidavit is the fourth type of probate. This is only available if the deceased did not have a will at the time of their death and their estate is worth under $75,000.
You cannot file a small estate affidavit until 30 days following the decedent’s passing. Once approved, the process is complete, and the decedent’s assets are passed on to their heirs as identified in state intestacy laws.
How long until I receive my inheritance?
As this shows, probate can take as little as 30 days, or it can stretch on for years. How quickly probate is filed, and the type of probate filed makes a big difference in how long it will take for the probate process to be completed and for you to receive your inheritance.