Texas Probate Process: Steps, Four-Year Deadline and Selling the House
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
In Texas a will does not prove title to property until it is admitted to probate (Estates Code Sec. 256.001), and it generally must be offered within four years of the testator’s death. This guide covers what Chapter 256 says about the application, proof, the order and later challenges. We could not confirm typical timelines, filing fees or which court hears a given estate.
The four-year rule
A will may not be admitted to probate after the fourth anniversary of the testator’s death unless the applicant proves that they were not in default in failing to present it by then (Sec. 256.003).
Letters testamentary cannot issue on a will admitted after that date unless the application was filed on or before the fourth anniversary.
A buyer for value in good faith, without knowledge of a will, who buys from heirs after the fourth anniversary has good title to the interest the heirs would have had, against a devisee under a later-offered will.
Who applies and what to file
An executor named in the will, a designated administrator, an independent administrator designated by all distributees or any interested person can apply to probate a will, even one that is lost, destroyed or from out of state. The application can be combined with one for appointment of an executor or administrator (Sec. 256.051).
It states details about the applicant and testator, the last three numbers of each person’s driver’s license or Social Security number, facts of death and venue, a description and probable value of property, the will date, the executor, witnesses, after-born children, dissolved marriages and any state or charity devisee, and that the executor is not disqualified (Sec. 256.052).
The will is filed with the application and stays with the county clerk unless a court orders otherwise (Sec. 256.053).
What must be proved
The applicant proves the testator is dead, four years have not passed, the court has jurisdiction and venue, citation was served and returned, and the person seeking letters is entitled and not disqualified. The applicant also shows the will was not revoked and, if it is not self-proved, was validly executed (Secs. 256.151 and 256.152).
An unproved attested will can be proved by the sworn testimony or affidavit of one or more subscribing witnesses. A holographic will that is not self-proved can be proved by two witnesses to the testator’s handwriting (Secs. 256.153 and 256.154).
The order and what follows
- After the hearing the court enters an order admitting the will, and certified copies can be recorded in other counties (Sec. 256.201). The original will and the probate are deposited with the county clerk where probated (Sec. 256.202).
- An interested person can contest the will’s validity within two years after it is admitted. For forgery or fraud the two years run from discovery, and an incapacitated person has two years after the disability ends (Sec. 256.204).
- A lawful will found after letters of administration were granted can still be proved. The court revokes the earlier letters, and the first administrator’s acts remain as valid as if no will had been found (Sec. 256.103).
If the estate owes no debt other than a mortgage, a muniment of title can be simpler. With no will, see intestate succession.
What we could not confirm
No official page we opened states how long probate typically takes, the citation and hearing waiting periods, filing fees, or which court (county, constitutional county or statutory probate) hears an estate in your county. We also did not review independent and dependent administration, inventory or creditor deadlines in later chapters. Ask the clerk of your county court or an attorney.
How to sell a house in Texas when the owner’s estate is in probate
- Ask your attorney who has authority to sign, usually an executor or administrator with letters, and what court approval is needed.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas probate FAQ
How long do I have to probate a will in Texas?
Generally within four years of the testator's death, unless the applicant proves they were not in default (Estates Code Sec. 256.003).
Does a will prove title without probate?
No. A will is not effective to prove title or right to possession until admitted to probate, with an exception for foreign wills (Sec. 256.001).
Who can apply to probate a will?
An executor named in the will, a designated administrator, an independent administrator designated by all distributees or any interested person (Sec. 256.051).
How long can the will be contested?
Two years after it is admitted. Forgery or fraud claims run two years from discovery (Sec. 256.204).
Sources
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.