How Long Do You Have to Transfer Property After Death in Texas?

When someone dies in Texas, their property must go to the appropriate people through legal means. But how long do you have to transfer property after death in Texas? The timeline depends on the type of property involved, whether it requires probate, and whether any disagreements arise. Some assets transfer quickly, while others must go through the probate process, which can take several months. Texas law generally offers up to four years after someone’s death to initiate probate. 

At Henington Lewis Law Firm PLLC, we make estate and legacy planning approachable for every Texan. Our founding attorney brings nearly a decade of legal experience and personal insight into the probate process. We help individuals and families handle estate planning and probate matters. Bringing peace of mind now and into the future.

Types of Property That May Need to Be Transferred

When someone dies, their property may include probate assets and non-probate assets. Non-probate assets typically require less time and energy to transfer than probate assets.

Probate

Probate is the legal process through which a court ensures that a deceased person’s estate pays their debts and then distributes property according to their will or state law. Probate assets generally require court oversight or approval to transfer. Probate assets can include:

• Real estate titled only in one person’s name;
• Bank accounts without a beneficiary or joint owner;
• Vehicles, personal belongings, and other titled property;
• Business interests or shares the decedent owned; and
• Investment accounts without transfer-on-death instructions.

You must handle these probate assets through the court system before transferring ownership. 

Non-Probate

In contrast, non-probate assets usually transfer without court involvement. They include:

• Property with rights of survivorship, which is shared ownership where the surviving owner receives ownership automatically upon the other owner’s death;
• Payable-on-death (POD) or transfer-on-death (TOD) accounts;
• Lady Bird Deeds, which allow a person to deed their property to someone before they die but retain the right to use the property until death;
• Life insurance policies with named beneficiaries;
• Trusts created before someone’s death; and
• Retirement accounts with designated beneficiaries

Whether an asset goes through probate or not, you still generally need to notify the asset holder or financial institution about the death.

The Property Transfer Deadline After Death in Texas

The usual property transfer deadline after death in Texas is four years from the date of death, meaning someone must initiate the probate process within that timeframe. That process begins with presenting the will to the court or initiating intestate succession procedures if there was no valid will. An experienced intestate succession lawyer can guide families through this process, ensuring deadlines are met and property is transferred properly.

If the executor fails to initiate probate, interested parties like creditors and beneficiaries may initiate it instead. In that vein, practical circumstances can accelerate the deadline, such as the need to:

• Actively manage assets while they remain in the estate,
• Have the right to access and control property, and
• Deliver assets to their new owners. 

How long do you have to transfer property after death through a will or the succession process for those who die without a valid will? Generally, you must begin the process within four years or lose your right to file.

How to Transfer Property in Texas

Transferring property in Texas depends primarily on whether the property goes through probate. Non-probate assets pass according to their terms, while probate assets pass through probate. 

Non-Probate Transfers

Non-probate assets usually transfer relatively quickly once you provide the necessary documentation showing that the deceased person has died and you are entitled to the asset. That documentation typically includes:

• A certified copy of the death certificate,
• A transfer or claim form from the institution, and
• Valid identification from the named beneficiary.

How long do you have to transfer property after death in Texas outside the probate process? Generally, deadlines for transferring non-probate assets can vary by asset. 

Probate Transfers

For probate assets, the process involves:

• Filing a probate application in the county where the decedent lived;
• Attending a probate hearing in Texas where the court appoints an executor or administrator;
• Notifying heirs, beneficiaries, and creditors about probate;
• Preparing an inventory of estate assets;
• Using estate funds to pay valid debts, taxes, and administrative costs;
• Distributing remaining property; and
• Closing the estate.

Once someone initiates probate and becomes appointed as a representative, there is not usually a specific deadline by which the representative must close the estate. Yet, the representative becomes a fiduciary and must act in the best interests of the estate and its beneficiaries or heirs.

As part of that role, they must manage estate assets responsibly and avoid waste or loss of assets. Delays can harm the estate, its assets, and its beneficiaries. Those impacted may even have the representative replaced.

Streamlined Probate Transfer Processes

An estate may qualify for simplified probate processes in limited circumstances. For example, a small estate affidavit allows heirs to collect property without formal probate if:

• The estate is worth $75,000 or less, excluding exempt assets like the homestead; 
• The deceased had no will; and 
• The estate has no unpaid debts besides real estate loans. 

You may also probate a will as a muniment of title. That process allows property to pass under a will without full probate if the estate has no outstanding debts except those secured by real estate. These simplified probate processes are designed to make property transfers faster and less complicated. An uncontested probate lawyer can help determine if your family qualifies for these options and guide you through them.

How Long Does It Take to Transfer Property After Someone Dies in Texas?

Every case is different, but possible timelines include:

• Two to eight weeks for most non-probate transfers,
• One to two months for a small estate affidavit,
• Two to three months for a muniment of title, and
• Six months to one year or longer for a full probate case.

Some estates take longer, such as when someone challenges a will’s validity.

Get Help Transferring Probate and Non-Probate Property 

Texas gives you up to four years to initiate probate, but starting sooner helps avoid delays and protects the estate and its property.

At Henington Lewis Law Firm PLLC, we focus exclusively on estate and legacy planning. Estate planning is the kindest thing you can do for your family. Whether you are managing probate or transferring non-probate assets, we guide you with care, efficiency, and legal knowledge. 

Contact Henington Lewis Law Firm PLLC today.