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Losing a loved one under any circumstance is a devastating experience. Besides dealing with grief, unfortunately, there are some administrative tasks that you must take care of. One of these is distributing the decedent’s estate per their will or the state’s intestacy laws if they passed on without a will. 

The decedent’s estate must go through a judicial process known as probate. Basically, this is a court-sanctioned process of auditing the decedent’s estate, paying off any debts and applicable taxes and distributing what is left per their wishes. But how long do you have to wait to begin the process of probating the decedent’s estate?

What is the timeline for opening probate?

Per Texas’ Estate Code, the executor has up to four years from the testator’s demise to begin the probate process. If this timeframe lapses, it would be presumed that the decedent died intestate. Consequently, their estate will be distributed per the state’s intestacy laws. 

Of course, no two probate cases are the same. A simple estate with fewer assets and beneficiaries will take a couple of months to finalize. However, issues like complex assets and disputes over the testator’s will can prolong probate. 

Can you speed up the probate process?

Probate can be a notoriously long process. Fortunately, you can take certain steps to speed up the process. Get started as soon as possible, because the longer you wait, the more likely issues will come up that can only delay the process.  As the executor, it’s also important that you notify all the interested parties (beneficiaries and estate creditors) about the probate action as soon as possible. 

You don’t have to try to handle the probate process on your own. Experienced legal guidance is available.