How Long Can You Keep an Estate Open After Death?

Last updated on: January 22, 2025

Losing a loved one is a deeply emotional experience, and dealing with the legal aspects of their estate during this time can feel overwhelming. Whether you are an executor or a beneficiary, understanding the steps required to settle an estate is crucial. Going through the responsibilities that come with estate administration requires careful attention to detail and adherence to the legal process, especially when the estate remains open for an extended period.

In Texas, the probate process can vary depending on the unique circumstances of each estate. Managing the administrative aspects of an estate, such as filing necessary documents and ensuring assets are handled properly, takes time and patience. While the process can sometimes be straightforward, it’s essential to stay informed and prepared to address any challenges that may arise along the way.

If you are dealing with the complexities of probate or need help closing an estate, the right legal guidance can make all the difference. Our experienced Houston probate attorneys from The Law Office of Whitney L. Thompson have the experience and dedication to help you efficiently manage the process, ensuring that your loved one’s estate is handled with care and precision. Call us today at (281) 214-0173 to schedule a consultation and get the experienced assistance you need to protect the estate and move forward with confidence.

Common Timeline for Settling an Estate

The timeline for settling an estate in Texas varies widely, but for a simple estate, the process may be completed within three to nine months. In cases where the will contains a self-proving affidavit, and there are no disputes, the process can be expedited. On the other hand, if the estate involves numerous assets, or there is a lack of clarity regarding beneficiaries, the process can take over a year. The executor’s efficiency in handling their duties and the complexity of the estate’s assets often dictate the length of the probate process.

  • Simple Estates: 3-6 months with a valid, uncontested will
  • Moderate Estates: 6-12 months when additional asset verification or debt resolution is required
  • Complex Estates: 12 months or longer when litigation, disputes, or significant debts are involved

For a smooth probate process, the executor must handle legal obligations in a timely manner and maintain regular communication with the court. In ideal cases, the probate process can be completed efficiently, allowing for a quicker resolution and distribution of assets to beneficiaries.

Factors That Can Delay Estate Closure

Numerous factors can contribute to delays in settling an estate in Texas. Below are some of the most common issues that can prolong the probate process.

  • Complex Asset Valuation and Liquidation: Estates with varied or complex assets, such as real estate, investments, or business interests, often take longer to settle due to the need for proper valuation and liquidation. The executor must ensure that these assets are properly assessed and, when necessary, sold or transferred, which can require time and legal assistance.
  • Disputes Among Beneficiaries: Disagreements among beneficiaries can arise for various reasons, including perceived inequities in asset distribution or challenges to the validity of the will. When disputes arise, they often lead to litigation or mediation, which can add months or even years to the probate process.
  • Unresolved Debts or Tax Obligations: The existence of unresolved debts or tax liabilities can also delay the estate’s closure. Creditors must be notified and given the opportunity to file claims against the estate. If there are disputes regarding the validity of the claims or complications with estate taxes, the executor will need additional time to resolve these matters.
  • Court-Related Delays: The efficiency of the court system can impact the estate’s timeline. Some probate courts may have a heavy caseload, leading to extended waiting periods for hearings and approvals. Additionally, the availability of judges and the complexity of the estate’s circumstances can further contribute to delays.

Given the potential for delays in the probate process, seeking legal assistance can help address these issues more effectively. A Houston probate lawyer from The Law Office of Whitney L. Thompson can provide the guidance needed to manage complex asset matters, resolve disputes, and handle creditor claims efficiently. Contact us today to learn more about how we can help.

Probate Process in Texas: Key Phases

The probate process in Texas involves several key phases that ensure the orderly administration of an estate after someone passes away. Below is a breakdown of the major phases involved in probate and their timelines.

Initiating the Probate Process

The probate process begins with locating the original will and submitting it to the court. This is a critical step as the court must have access to the original document to validate its legitimacy. Once the will is located, the executor files the will along with an application for probate. In Texas, this step typically takes about 1-2 weeks.

After filing, the County Clerk posts a public notice of the probate application, ensuring that interested parties and potential creditors are informed. The notice period usually lasts approximately 2 weeks, during which time objections can be raised.

Verifying the Validity of the Will

Once the notification period has passed, a court hearing is scheduled to verify the validity of the will. During this hearing, the executor must testify regarding the deceased’s details and the legitimacy of the will. If the will is self-proven, this process moves quickly; however, if there is no self-proving affidavit, additional witnesses may be required to verify its authenticity.

At the hearing, the judge will authorize the clerk to issue Letters Testamentary to the executor, formally empowering them to administer the estate. This phase is usually completed within 3-5 weeks, but it can take longer if the will is contested or if additional testimony is required.

Notifying Creditors and Settling Debts

After receiving Letters Testamentary, the executor must notify creditors of the probate process. This is done by placing a public notice in a newspaper and, where applicable, sending direct notifications to known creditors. Creditors have six months from the executor’s appointment or up to 4 months from the date they received notice about the probate proceedings to file claims against the estate, which the executor must then review and either accept or reject. 

This phase also involves notifying any creditors with liens on estate assets, such as real estate or vehicles. The executor has two months from the issuance of Letters Testamentary to complete this notification process.

Distributing Assets to Beneficiaries

Once debts and taxes have been settled, the executor can begin distributing the remaining assets to beneficiaries according to the terms of the will. Before doing so, the executor must complete an inventory of the estate, detailing all assets and their valuations. This inventory must be submitted to the court within 90 days of the court’s order admitting the will to probate.

After the court approves the inventory and any claims or debts have been settled, the executor can distribute the assets. This includes transferring titles for property and other assets like vehicles and real estate. The distribution process typically happens toward the end of the probate process, after all other matters have been resolved.

Finalizing the Estate

The final phase involves submitting a final accounting to the court, detailing all the transactions made on behalf of the estate, including payments to creditors and distributions to beneficiaries. Once the court approves this final accounting, the executor can close the estate. This may involve filing final tax returns and paying any outstanding taxes on the estate.

At this point, the executor is formally discharged from their duties, and the probate case is closed. This final stage’s timing can vary depending on the size of the estate and the speed at which the executor fulfills their obligations.

Key Phases of Probate Process Description Timeline
Initiating the Probate Process Locate the original will and submit it to the court, along with an application for probate. Public notice is posted to notify interested parties and creditors. 1-2 weeks for filing; 2-4 weeks for notice period
Verifying the Validity of the Will A court hearing is held to verify the will’s legitimacy. The executor may need to testify, and Letters Testamentary are issued if the will is valid. 3-5 weeks, longer if contested
Notifying Creditors and Settling Debts The executor notifies creditors via public notice and direct notifications. Creditors have six months to file claims, which the executor reviews. 2 months for notifications; 6 months for claims
Distributing Assets to Beneficiaries After debts and taxes are settled, the executor inventories the estate and distributes remaining assets to beneficiaries. Court approval of the inventory is required. 90 days for inventory submission
Finalizing the Estate The executor submits a final accounting to the court, pays remaining taxes, and closes the estate. The executor is discharged, and the probate case is closed. Timing varies based on estate complexity

Consequences of Leaving an Estate Open Too Long

Leaving an estate open for an extended period can lead to several negative consequences that may affect both the value of the estate and the legal standing of those involved. In Texas, it is important to ensure that probate is initiated and concluded in a timely manner to avoid financial, legal, and administrative complications. 

Extension of the Statute of Limitations for Creditors’ Claims

When an estate remains open without being probated, the statute of limitations for creditors to submit claims against the estate is extended. Typically, once probate proceedings begin, creditors have 4 months from the date they received notice to submit their claims. However, if probate is not initiated, creditors have up to two years to file a claim against the estate. During this extended period, creditors can petition the court to appoint a special administrator to manage the estate’s debts. This creates uncertainty and prolongs the time it takes for beneficiaries to receive their inheritance, while also increasing the risk of additional creditor claims.

Asset Devaluation and Loss

One of the most significant consequences of leaving an estate open too long is the potential devaluation or loss of assets. When estate assets, such as real estate, vehicles, or investments, are left unmanaged, their value can diminish. For example, if a decedent’s home mortgage goes unpaid, the bank may foreclose on the property. Buildings that are neglected may fall into disrepair, lowering their market value when they are finally sold. Similarly, vehicles left unattended could be vandalized or towed. Investments that are not actively managed may lose value in the market. These scenarios ultimately reduce the overall value of the estate, which can limit the amount available for creditors and beneficiaries.

Risk of Assets Being Claimed by the State

In rare cases, when an estate is left open for too long without any heirs coming forward, the state may step in and claim the assets. If the court cannot locate any heirs or if the heirs fail to respond to notices and summons, the state may settle the estate’s liabilities and claim any remaining assets. This situation, though uncommon, highlights the importance of timely estate administration to ensure that assets are properly distributed to rightful heirs and beneficiaries.

Executors who delay the probate process or fail to close the estate in a timely manner may face financial and legal liability. Beneficiaries who suffer financial losses due to the executor’s inaction may file lawsuits to recover damages. Additionally, while failing to file a will within the required timeframe is not a criminal offense, executors who deliberately conceal or withhold the will for financial gain could face criminal charges. These liabilities not only complicate the probate process but also place the executor at personal risk for significant legal repercussions.

Settle Your Loved One’s Estate with Experienced Assistance From Our Houston Probate Attorneys

Closing an estate after the loss of a loved one is a complex and often emotional task. However, with the right legal support, the process doesn’t have to be overwhelming. The Law Office of Whitney L. Thompson is dedicated to guiding you through the probate process efficiently and with care. Our team can see to the fact that all legal obligations are met, assets are managed appropriately, and the estate is closed in a timely manner.

Contact us today at (281) 214-0173 today to schedule a consultation and secure the legal support you need to settle an estate with confidence.

Contact Us
We are here to help