Probate Process in Texas Explained: What You Need to Know
- Briana Robertson
- Apr 20
- 5 min read
At BC Robertson Law, we understand that navigating the loss of a loved one is difficult enough without the added stress of legal procedures. If you’re facing the task of managing a deceased family member’s estate, you may be asking: What is probate, and how does it work in Texas?
This comprehensive guide explains the Texas probate process, including timelines, requirements, key roles, and potential challenges. Our goal is to provide clarity, peace of mind, and insight into your next steps.
⚖️ Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a qualified Texas probate attorney.
What Is Probate?
Probate is the legal process of settling a deceased person’s estate—identifying their assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries. In Texas, probate is typically handled in the county probate court where the decedent resided.
If the person had a valid will, probate confirms the will’s authenticity and carries out the decedent’s wishes. If there is no will (intestate), probate ensures that assets are distributed according to Texas intestate succession laws.
When Is Probate Required in Texas?
Probate is generally required in Texas when:
The decedent owned property or assets solely in their name
There is no beneficiary designation on key accounts
The estate’s value exceeds $75,000 (excluding homestead and exempt property)
A will needs to be admitted to court
However, not all estates require formal probate. Texas law provides alternatives for smaller estates or those with only a homestead property, including:
Small Estate Affidavit (SEA)
Affidavit of Heirship
Muniment of Title
Working with a probate attorney helps determine the most appropriate legal route based on the estate’s size and structure.
Step-by-Step Guide: The Probate Process in Texas
Step 1: Filing the Application for Probate
The process begins with filing a probate application in the county probate court. This must be done within four years of the decedent’s death to admit a will to probate.
Required documentation includes:
Original will (if applicable)
Death certificate
Petition for probate
📌 Texas allows for both independent and dependent administration—the former being faster and less court-involved.
Step 2: Posting the Notice
Once the probate application is filed, the county clerk posts public notice at the courthouse for at least 10 days. This gives creditors and interested parties a chance to contest the will or application.
Step 3: Probate Hearing
A probate judge reviews the application during a court hearing. If approved, the judge appoints a personal representative (executor or administrator) to manage the estate.
If there is a valid will, the executor named in the will is usually appointed. If there is no will, the court appoints an administrator, often a close relative.
Step 4: Proving the Will (If Applicable)
If there is a will, the executor must “prove” it is valid. This may involve:
Submitting a self-proving affidavit
Providing witness testimony if the will wasn’t notarized
Once the court admits the will, it becomes a public record, and the executor is granted Letters Testamentary, which provide legal authority to act on behalf of the estate.
Step 5: Inventory, Appraisement, and List of Claims
Within 90 days of appointment, the executor must:
File an inventory of the estate’s assets
Appraise property values
Identify debts and liabilities
This step is crucial for determining the estate’s net value and obligations.
Step 6: Notifying Creditors and Beneficiaries
The executor must notify:
Secured and unsecured creditors of the decedent’s death
Heirs and beneficiaries named in the will
Creditors are given an opportunity to file claims against the estate, and valid debts must be paid before assets are distributed.
Step 7: Paying Debts, Taxes, and Final Expenses
The estate must settle all outstanding:
Medical bills
Credit card debt
Funeral costs
Final income taxes
Property taxes
If the estate lacks sufficient funds, the executor must sell property to cover liabilities.
Step 8: Distributing Remaining Assets
Once all debts and taxes are paid, the remaining assets are distributed to the heirs (intestate) or beneficiaries (estate).
Distributions are made according to the will or the Texas Estates Code, which outlines succession rules if there’s no will.
Step 9: Closing the Estate
Finally, the executor files a final accounting with the probate court and submits a petition to close the estate. Once approved, the court officially releases the executor from their duties.
Types of Probate in Texas
Texas offers several probate procedures, each suited to different estate sizes and circumstances.
1. Independent Administration (Most Common)
Allows the executor to manage the estate without ongoing court supervision. Most wills in Texas include a clause requesting independent administration, and even without one, heirs can agree to proceed independently.
2. Dependent Administration
Involves court oversight for every step. It is typically used when:
Heirs are disputing the will
The will is contested
No agreement exists among family members
3. Muniment of Title
Used when:
The decedent had a will
No unpaid debts (except mortgage)
No need for formal administration
This method transfers property quickly by using the will as evidence of title.
4. Small Estate Affidavit
Available when:
Estate value is less than $75,000 (excluding homestead and exempt property)
No will exists
Heirs can agree on asset distribution
How Long Does Probate Take in Texas?
The probate timeline can vary significantly based on:
Estate complexity
Whether a will exists
Family cooperation
Disputes or creditor claims
General Timeframes:
Simple probate (independent, no disputes): 6 to 9 months
Moderate complexity: 9 to 12 months
Contested or dependent estates: 12 to 24+ months
Having a probate attorney ensures efficient navigation and helps prevent delays.
Costs of Probate in Texas
Probate costs can vary based on:
Court filing fees (typically $300–$400)
Attorney fees (hourly or flat fee)
Executor compensation
Appraisal or accounting fees
While Texas doesn’t have a statutory percentage-based fee (like some states), failing to plan can increase costs unnecessarily.
At BC Robertson Law, we offer transparent pricing and guidance to help you minimize expenses and preserve estate value.
How a Texas Probate Attorney Can Help
Navigating probate without guidance can feel overwhelming. A Texas probate attorney can:
Guide executors through legal duties
Ensure proper filings and timelines
Resolve disputes among heirs or creditors
Minimize costs and delays
Provide legal representation in court, if needed
Whether you’re an executor managing an estate or a family member with questions about your rights, BC Robertson Law is here to support you with professionalism, compassion, and clarity.
Probate vs. Estate Planning: What’s the Difference?
Probate deals with what happens after death. Estate planning prepares your affairs before death to reduce burdens on loved ones.
With proper estate planning—like revocable living trusts, transfer-on-death deeds, and beneficiary designations—you can reduce or avoid the need for probate entirely.
Visit our article on Avoiding Probate in Texas to learn more about proactive strategies.
Understanding the Texas Probate Process
Probate doesn’t have to be intimidating. With the right knowledge and support, it becomes a structured way to honor a loved one’s legacy and manage their final affairs responsibly.
At BC Robertson Law, we help Texans navigate probate with efficiency, transparency, and empathy. Whether you’re just beginning the process or dealing with a complex estate, our experienced team is here to help.
📞 Contact BC Robertson Law today to schedule a consultation and ensure you're on the right path.
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