Texas Probate Deadlines: What to File and When

Q: What happens if a Texas will isn't filed within 4 years?

After the 4-year deadline under Estates Code 256.003 passes, the will generally can no longer be admitted to probate in the normal way, and the estate is typically distributed as though the person died without a will - even if a valid will exists and is later found.

Q: Why is the 90-day Inventory deadline considered strict in Texas?

Because Estates Code 309.051 sets it at exactly 90 days from qualification with little built-in flexibility, and missing it can trigger a court hearing to explain the delay - it's widely regarded as one of the least forgiving deadlines in Texas probate.

Q: What is the 121-day rule for Texas unsecured creditors?

Under Estates Code 355.060, if a personal representative sends a creditor permissive direct notice, that creditor's claim is barred unless presented within 121 days of receiving it - separate from, and sometimes shorter than, the general 4-month publication deadline.

Quick answer: the tightest deadline most executors face is the 90-day Inventory; the most forgiving is the 4-year window to file the will. See the full Texas probate timeline calculator for your specific estimate.

The core deadlines, in order

Deadline	Texas rule	Statute
File the will for probate	Within 4 years of death	Estates Code § 256.003
Notice to secured creditors	Within 2 months of receiving Letters Testamentary	Estates Code § 308.056
Notice to unsecured creditors published	Promptly after qualifying	Estates Code § 308.051
Secured creditor's matured-secured-claim election	Later of 6 months from letters, or 4 months from notice	Estates Code Ch. 403
Inventory, Appraisement & List of Claims (or affidavit)	Within 90 days of qualification	Estates Code § 309.051
Unsecured claim deadline (publication)	4 months from first publication	Estates Code § 355.001 et seq.
Unsecured claim deadline (direct notice)	121 days from receipt of notice	Estates Code § 355.060
Suit after a rejected claim	Within 90 days of rejection	Estates Code § 355.064

Why the 90-day Inventory is so unforgiving

Estates Code § 309.051: once qualified, the personal representative has exactly 90 days to file a sworn Inventory, Appraisement, and List of Claims — or, when the estate has no unpaid debts other than secured debts, taxes, and administration expenses, an independent executor may instead file an Affidavit in Lieu of Inventory, which keeps the itemized asset list out of the public court file. Either way, the 90-day clock itself doesn't move, and missing it can prompt the court to require an explanation.

Two different clocks for unsecured creditors

A Texas unsecured creditor's deadline depends on how they were notified: with only published notice, they get 4 months from first publication. If the personal representative additionally sends direct notice under § 308.054, that creditor's claim is instead barred 121 days after they receive it — a separate, sometimes shorter clock that runs independently of the publication deadline.

Facing probate in Texas?

A local probate attorney can review your estate — many offer a free consultation.

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Texas probate deadlines — frequently asked questions

What happens if a Texas will isn't filed within 4 years?

After the 4-year deadline under Estates Code § 256.003 passes, the will generally can no longer be admitted to probate in the normal way, and the estate is typically distributed as though the person died without a will — even if a valid will exists and is later found.

Why is the 90-day Inventory deadline considered strict in Texas?

Because Estates Code § 309.051 sets it at exactly 90 days from qualification with little built-in flexibility, and missing it can trigger a court hearing to explain the delay — it's widely regarded as one of the least forgiving deadlines in Texas probate.

Can an independent executor skip the Texas Inventory?

Sometimes. If the estate has no debts other than secured debts, taxes, and administration expenses, an independent executor may file a sworn Affidavit in Lieu of Inventory instead of the full public Inventory, keeping the detailed asset list private from the court record.

What is the 121-day rule for Texas unsecured creditors?

Under Estates Code § 355.060, if a personal representative sends a creditor permissive direct notice, that creditor's claim is barred unless presented within 121 days of receiving it — separate from, and sometimes shorter than, the general 4-month publication deadline.

Estimate for general guidance only, not legal advice. Based on Estates Code § 256.003, 308.051, 308.054, 308.056, 309.051, 355.001, 355.060, 355.064. Confirm current deadlines with the county clerk or a licensed Texas attorney.

Texas Probate Deadlines: What to File and When

The core deadlines, in order

Why the 90-day Inventory is so unforgiving

Two different clocks for unsecured creditors

Texas probate deadlines — frequently asked questions

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