Probate Attorney Austin: The Calendar a Texas Estate Runs On

A probate attorney Austin families call after a death usually starts the conversation with dates, not disputes. Texas Estates Code § 256.003 sets the outer limit on the whole process. A will cannot be admitted to probate after the fourth anniversary of the testator’s death. Miss that date, and the estate falls into intestacy rules no matter what the will actually says. That single deadline explains the timing. The first call to a probate attorney often happens within weeks of a funeral, not months later.

The four-year door every probate attorney Austin hires tracks first

Section 256.003 allows one exception. A court can still admit the will if the applicant was “not in default” in missing the four-year deadline. Courts read that phrase strictly. A family that never knew a will existed has a real argument. A family that simply sat on the paperwork usually doesn’t.

Letters testamentary carry the same clock. The underlying application must be filed within four years, or the representative can’t qualify to act. An unprobated will found five years after death isn’t automatically void. But admitting it becomes an uphill fight instead of a routine filing. That’s the deadline that actually ends estate cases in Texas, more often than any dispute over who gets what.

Where a probate attorney Austin clients hire actually files

Travis County runs two statutory probate courts, not one general probate docket. Under Government Code § 25.2291(c), Probate Court No. 1 and Probate Court No. 2 of Travis County split the county’s probate, guardianship and trust work. Judicial assignment and the facts of the estate don’t decide which court gets a case. It comes down to arithmetic.

Section 25.2293(e) directs the county clerk to docket odd-numbered probate, guardianship and trust cases to Court No. 1, and even-numbered ones to Court No. 2. So the case number decides the courtroom, not the judge. Still, filings go through the County Clerk’s office, not the District Clerk. That trips up people used to civil litigation. That same clerk also appoints a deputy clerk to serve each of the two statutory probate courts directly. Both courts sit in Austin.

The two-court structure isn’t universal across Texas. Bexar County, by contrast, runs three statutory probate courts under Government Code § 25.0171(c). Where an estate lands changes the local docket and the wait for a hearing. The underlying Estates Code deadlines, though, stay the same statewide.

The first two notices in the Austin probate process

Once a will clears probate, the clock resets for notice. Section 308.002 gives the personal representative 60 days after the order admitting the will to probate. Within that window, the representative must notify each beneficiary named in the will. That duty applies only if the beneficiary’s identity and address are known, or can be found through reasonable diligence.

Creditors get their own clock, on a different trigger. Section 308.051 requires notice within one month after the representative receives letters testamentary or letters of administration. That notice runs by newspaper publication, so anyone with a claim against the estate knows to present it. If the estate owes state taxes, notice to the comptroller follows the same one-month window. Two notices, two different start dates: one runs from the probate order, the other from the letters.

Day 91: inventory, or an affidavit instead

The next fixed point in the Austin probate process is the inventory. Section 309.051 requires the personal representative to file a verified, detailed inventory, appraisement and list of claims. The deadline is the 91st day after the date they qualify. That’s a hard filing deadline, though a court can extend it on request.

Independent executors have an alternative. Section 309.056 lets an independent executor file an affidavit in lieu of inventory. That affidavit states that the estate has paid every debt except secured debts, taxes and administration expenses. It also states that beneficiaries have already received a full inventory directly. But one group of beneficiaries doesn’t even need that. Under § 309.056(b-1), the executor can leave a beneficiary off that distribution list in three situations. The beneficiary is entitled to aggregate devises worth $2,000 or less. The beneficiary has already received their full share. Or the beneficiary has waived the right in writing.

The one structural fork: independent versus dependent administration

Texas independent administration is the default most Austin estates land in, and it arises two ways. A testator can build it into the will itself, under § 401.001. That provision instructs the court to do nothing beyond probating the will and accepting the inventory. Absent that, the distributees can create it after death by unanimous agreement, under §§ 401.002 and 401.003. They name their own independent executor or administrator.

Dependent administration works differently, and the difference shows up in everyday decisions. Section 351.051 requires a dependent administrator to get a court order first. That applies to acts like renewing an obligation, buying or exchanging estate property, or settling a disputed claim. Section 351.052 carves out a short list of routine actions that need no court order at all. Examples include releasing a lien on payoff, or paying taxes and bond premiums. Independent administration skips most of that court supervision by design. Dependent administration keeps it, decision by decision.

Closing it out under Chapter 405

Ending an independent administration isn’t automatic. Section 405.004 gives the independent executor two routes: a closing report, or a notice of closing estate. Which one applies depends on whether distribution is already complete. Under § 405.005, the executor files the closing report itself. That report has to account for what came in, what went out, and what’s left to distribute. Once a court accepts that report, the executor can seek judicial discharge under § 405.003. That discharge then ends personal liability for actions taken as executor.

None of this runs on a fixed calendar the way the earlier deadlines do. Some estates close within a year. Others run for years while property sells or a dispute resolves. Chapter 405 supplies the mechanism, not a timeline.

The bottom line

The statutes above read like a clean schedule: four years, then 60 days, then a month, then day 91. A closing report follows whenever the estate is actually ready. In practice, the calendar only ever describes the paperwork’s deadlines, not the estate’s own pace. A contested will, a hard-to-value asset, or an uncooperative beneficiary can stretch things out. What looks like a fixed timeline can turn into something much longer. Still, every filing deadline in between has to be met on schedule regardless. The dates in the Estates Code are real and enforceable. Whether an estate actually closes anywhere near them depends on the estate itself, not the statute.

Keep reading: Arizona Probate Process: How Long It Actually Takes · Executor Duties in Arizona

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This article describes Texas probate deadlines and Travis County court structure for general information only. It is not legal advice, and it does not create an attorney-client relationship. Probate deadlines run from events specific to each estate, and local court practice changes. Anyone administering an estate in Texas should speak with a licensed Texas attorney about their own situation.

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