Texas Probate Process Guide
A comprehensive overview of how probate works in Texas, what to expect, and how to navigate the process efficiently.
What Is Probate?
Probate is the court-supervised process of validating a will, paying debts, and distributing assets after someone passes away. In Texas, probate is handled by county probate courts or constitutional county courts, depending on the county. While probate has a reputation for being slow and expensive, Texas actually has some of the most streamlined probate procedures in the country.
Important Note
In Texas, a will must be filed for probate within four years of death. After this deadline, the will may not be admitted to probate, and the estate may be treated as if no will existed (intestate).
Types of Probate in Texas
Independent Administration
The most common and preferred type in Texas. The executor handles estate matters without ongoing court supervision, making it faster and less expensive. Most Texas wills authorize independent administration.
Dependent Administration
Required when the will does not authorize independent administration or for intestate estates (no will). The executor must get court approval for most actions, making it slower and more costly.
The Texas Probate Process: Step by Step
File the Application
The executor or an heir files an application for probate in the county where the deceased lived. This includes the original will (if any), death certificate, and information about heirs and assets.
Post Citation and Waiting Period
Notice must be posted at the courthouse for at least 10 days before the hearing. Interested parties may contest the will during this period.
Court Hearing
The court holds a hearing to validate the will and appoint the executor. A witness may need to testify that the will was properly signed (unless it was self-proved).
Letters Testamentary Issued
Once approved, the court issues Letters Testamentary, giving the executor legal authority to act on behalf of the estate.
Inventory and Appraisal
The executor must file an inventory of estate assets within 90 days. Some assets may need professional appraisal.
Pay Debts and Taxes
The executor notifies creditors, pays valid debts, and files any required tax returns (final income tax and estate tax if applicable).
Distribute Assets
After debts are paid, the executor distributes remaining assets to beneficiaries according to the will (or intestacy laws if no will).
Close the Estate
In independent administration, closing is informal once duties are complete. Dependent administration requires a final accounting and court approval.
Probate Timeline
Typical Texas Probate Timeline
- Filing to hearing: 2-4 weeks
- Inventory deadline: 90 days from appointment
- Creditor claim period: 4 months (unsecured creditors)
- Total typical duration: 6-12 months
Alternatives to Full Probate
Not every estate requires full probate administration. Texas offers several simplified procedures:
Muniment of Title
For estates with a valid will and no unpaid debts (other than debts secured by real property), the court can simply admit the will as a "muniment of title" to transfer property. No executor is appointed, making this a faster, simpler process.
Small Estate Affidavit
For estates under $75,000 (excluding homestead and exempt property) with no will, heirs can use a small estate affidavit to collect and distribute assets without court involvement.
Affidavit of Heirship
For transferring real property when there is no will, an affidavit of heirship can establish ownership without probate. This is commonly used when the only significant asset is real estate.
Frequently Asked Questions
How long does probate take in Texas?
Most Texas probate cases take 6-12 months from filing to closing. Simple estates with independent administration may be completed faster, while complex estates with disputes or tax issues can take longer.
How much does probate cost in Texas?
Probate costs typically include court filing fees ($300-$500), attorney fees (often 2-5% of estate value or hourly rates), and other expenses like appraisals and publications. Independent administration is generally less expensive than dependent administration.
Do all estates need to go through probate in Texas?
No. Small estates under $75,000 (excluding homestead and exempt property) may use simplified procedures. Assets with beneficiary designations, jointly held property, and assets in trusts pass outside probate.
Need Help With Probate?
Our experienced probate attorneys guide families through the Texas probate process every day. We can help simplify the process and ensure everything is handled correctly.
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