What to Expect in the Probate Process in Texas

Stephanie Fernald
Jun 13
2 min read

When a loved one passes away, dealing with grief is hard enough—navigating the legal process that follows shouldn't add more stress.

If you’re facing probate in Texas, it’s natural to feel overwhelmed. But with the right guidance, the process can be manageable—and even streamlined.

At BC Robertson Law, we walk families through probate every day. Here’s what you need to know to approach it with clarity and confidence.

What Is Probate?

Probate is the legal process by which a deceased person’s estate is settled:

The court validates their will (if one exists)
Appoints an executor or administrator
Ensures debts and taxes are paid
Distributes remaining assets to heirs or beneficiaries

If the person died without a will, Texas law (called “intestacy law”) determines who inherits what.

When Is Probate Required in Texas?

Probate is generally required if:

The deceased owned property in their name only (like a home or vehicle)
There’s no living trust in place
Financial institutions require court authority to release funds

However, not all assets go through probate. Some assets may pass outside of probate, including:

Life insurance with a named beneficiary
Retirement accounts (IRA, 401k)
Payable-on-death (POD) or transfer-on-death (TOD) accounts
Property held as joint tenants with right of survivorship

The Basic Steps of the Texas Probate Process

File an Application with the Probate Court
- Filed in the county where the deceased lived
Notify Heirs and Beneficiaries
- Formal notice may be required
Attend a Probate Hearing
- The court validates the will (if any) and appoints an executor or administrator
Inventory and Appraise the Estate
- All assets and debts are identified and valued
Pay Debts and Taxes
- Includes notifying creditors and resolving valid claims
Distribute Remaining Assets
- Once debts are paid, the estate is distributed according to the will or Texas law

How Long Does Probate Take in Texas?

It depends on the complexity of the estate, court scheduling, and whether any disputes arise.

Simple uncontested probate: 3–6 months
Contested or complicated cases: 9–18 months or more

Having a valid will and organized estate can significantly shorten the timeline.

How Much Does Probate Cost?

Typical probate costs may include:

Court filing fees
Attorney fees
Executor compensation
Appraisal and accounting fees

Texas allows “independent administration,” which is a simplified probate process that can lower costs and reduce court supervision—but it requires specific language in the will.