What to Expect from the Texas Probate Process

Probate in Texas Doesn’t Have to Be Overwhelming

Losing a loved one is hard enough — dealing with the legal Texas probate process that follows shouldn't add more stress. If you're navigating the estate of a family member in Texas, understanding the probate process can help reduce confusion, delays, and unnecessary court costs.

At BC Robertson Law, we guide clients step-by-step through probate, offering compassionate, experienced legal support every step of the way.

What Is Probate in Texas?

Probate is the legal process of administering the estate of someone who has passed away. It ensures:

• Debts and taxes are paid

• The will (if one exists) is validated

• Property is transferred to the rightful heirs

In Texas, probate can be formal or simplified depending on the estate. Regardless of the type, it must follow a series of court-supervised steps.

Who Needs to Go Through Probate?

In general, probate is required if:

• The deceased owned assets solely in their name

• There’s no valid trust or named beneficiary on file

• There’s no valid will, or the will needs to be validated by the court

Even if a will exists, probate is still typically required unless all assets pass automatically via other tools (like trusts or beneficiary designations).

📝 Step-by-Step: The Probate Process in Texas

Here’s what to expect if you’re the executor or family member handling a loved one’s estate.

Step 1: Filing the Application for Probate

• The process begins by filing a formal application with the probate court in the county where the decedent lived.

• This step initiates the legal process and notifies the court that a will exists or that the estate needs administration.

⏳ Timeline: Typically filed within 30 days of death.

Step 2: Posting Notice

• Texas requires that a notice of the probate application be posted at the courthouse to allow time for any contests.

• If no one contests the application, the court can proceed.

⏳ Timeline: At least 10 days after the notice is posted.

Step 3: Court Hearing and Appointment of Executor or Administrator

• A short court hearing is held where the judge will:
  

  • Recognize the will (if there is one)

  • Officially appoint an executor (named in the will) or administrator (if no will exists)

  • Issue Letters Testamentary (or Letters of Administration), which give legal authority to manage the estate
    

✅ You cannot legally act on behalf of the estate until these letters are issued.

Step 4: Notice to Creditors and Beneficiaries

• The executor must notify:

  • Known creditors of the estate

  • Beneficiaries named in the will (or heirs if there’s no will)

• A notice to unknown creditors may also need to be published in a local newspaper.
  

Step 5: Inventory and Appraisement

• The executor must file a detailed inventory of all assets, debts, and property with the court.

• This helps determine the estate's value and ensures transparency.

💡 TIP: An attorney can help you track down and categorize assets correctly — this part can get tricky.

Step 6: Settling Debts and Taxes

• The estate must pay:

  • Outstanding debts

  • Final expenses

  • Any applicable state or federal taxes

This step must be completed before any distributions to heirs or beneficiaries.

Step 7: Distributing the Estate

• Once debts are paid and the court approves the estate inventory, the executor can:

  • Distribute assets to heirs or beneficiaries

  • Close accounts and transfer property

🗂️ Final court filings may be required depending on the complexity of the estate.

Types of Probate in Texas

There are several types of probate depending on the size and complexity of the estate:

✅ Independent Administration

Most common in Texas; minimal court supervision.

✅ Dependent Administration

Court must approve nearly every action. Usually required if there’s family conflict or no will.

✅ Muniment of Title

Simplified process used when there's a valid will and no debts — often ideal for estates with only real estate.

✅ Small Estate Affidavit

Available if the estate is valued under $75,000 and there is no will.

We’ll help you determine the best route during your consultation.

Common Mistakes Executors Make

Without legal guidance, even well-meaning executors often:

• Miss court deadlines

• Fail to notify all required parties

• Overlook hidden debts or taxes

• Distribute assets too early (before debts are paid)
  

💥 These errors can result in personal liability.

Don’t Navigate Probate Alone — We’re Here to Help

Probate doesn’t have to be scary, confusing, or financially devastating. With the right legal support, you can move through the process confidently and protect your family’s interests.

At BC Robertson Law, we offer: ✅ Transparent, flat-rate, or hourly pricing

✅ Guidance on every court filing and deadline

✅ Probate strategies that save time and stress

Schedule Your Consultation

We apply your $50 consultation fee to any service you decide to move forward with. During the call, we’ll:

• Review your unique situation

• Explain your next legal steps

• Offer a tailored action plan to move forward

📅 Don’t wait until the court deadlines pass.

Schedule a Consultation