Probate in Texas

Thu, 04 Dec 2025 18:35:32 GMT

Understanding Probate in Texas: What Families Need to Know About the Texas Estates Code

When a loved one passes away in Texas, their estate often must go through probate—the legal process of having the court approve the will, settling debts, identifying assets, and distributing property to beneficiaries. For many families, probate can feel overwhelming, especially during a time of grief. Understanding how probate works in Texas and how the Texas Estates Code governs this process can make things much more manageable.

At Heritage Law, our attorneys in Georgetown and Harker Heights help families navigate probate with clarity, compassion, and confidence.

Disclaimer: Contacting Heritage Law via our website does not establish an attorney–client relationship. Additonally, please be aware that communication via the internet may not be secure, so please exercise caution before sending privileged or confidential information to us via our website. We are unable to provide legal advice or consultation through our website, but are happy to contact you in response to your inquiry to see if our firm is able to assist you with your legal issue.

What Is Probate in Texas?

Probate is the legal procedure used to:

Validate a will
Identify and inventory the estate’s assets
Notify creditors and settle debts
Distribute remaining property to the rightful beneficiaries

In Texas, the probate process is guided by the Texas Estates Code, which outlines the responsibilities of the Executor, rules about estate administration, and legal requirements for distributing property.

The Probate Process in Texas: Step-by-Step

Texas is known for having one of the most streamlined probate systems in the country, called Independent Administration, but the process still involves several key steps.

1. Filing the Will and Application for Probate

The process typically begins when the named Executor files:

The original will (if one exists)
An application to probate the will which include a request for the court to officially appoint them as Executor.
The death Certificate

Under the Texas Estates Code §256.003, an application for probate should generally be filed within four years of the date of death.

2. Court Hearing and Executor Appointment

After filing, the court schedules a brief hearing to:

Verify the will is valid
Confirm the applicant is qualified to serve as Executor
Formally appoint the Executor (if there is a will) or Administrator

The Executor then receives Letters Testamentary granting them authority to act on behalf of the estate.

3. Posting Notice to Creditors

The Texas Estates Code requires the Executor to notify creditors that the estate is open.

This includes:

Publishing notice in a local newspaper ( §308.051 )
Notifying secured creditors directly ( §308.053 )
Identifying and verifying any claims

Creditors must make claims within legally required timeframes, which the Executor reviews and either accepts or rejects.

4. Inventorying the Estate

Next, the Executor must file either:

A formal Inventory, Appraisement, and List of Claims
or
An Affidavit in Lieu of Inventory (when allowed)

This requirement appears in Texas Estates Code §309.051 , which outlines what must be included.

Executors must identify estate assets, such as:

Real estate
Bank accounts
Vehicles
Personal property
Life insurance payable to the estate
Business interests

5. Paying Debts and Managing the Estate

The Executor uses estate funds to pay:

Valid creditor claims
Taxes
Funeral expenses
Administrative costs

The Texas Estates Code gives Executors authority to manage estate assets responsibly during this time.

6. Distributing Assets to Beneficiaries

Once debts are settled, the Executor distributes remaining property to:

Beneficiaries named in the Will

When Is Probate Required in Texas?

Probate is usually required in the following cases:

�� When there is a will; and

The will must be proven valid.

�� When the estate includes real property; and/or

Home, land, or mineral rights generally require probate to transfer ownership.

�� When financial institutions require Letters Testamentary

Banks and investment companies often require court documents before releasing accounts.

When Probate May Not Be Needed

Texas offers several alternatives for smaller estates or special circumstances:

Small Estate Affidavit

Available when the total estate value is $75,000 or less (not including the homestead).
(Texas Estates Code §205) and there is no valid will.

Affidavit of Heirship

Often used to transfer real property when there is no will.

Transfer on Death Deeds (TODDs)

Allows real estate to pass directly to beneficiaries without probate.
(Texas Estates Code Chapter 114)

Payable-on-Death (POD) or Transfer on Death (TOD) Accounts

These pass outside probate to named beneficiaries.

If you’re u nsure whether probate is necessary, our legal team can help you evaluate your specific situation.

Understanding the Texas Estates Code

The Texas Estates Code is the statutory framework governing:

Wills
Probate procedures
Executor responsibilities
Heirship proceedings
Estate administration
Guardianships

Some key sections frequently applied in probate cases include:

§256.001–§256.204: Probate of wills
§301–§309: Personal representative duties
§308: Notice to creditors
§309: Inventory requirements
Chapters 201–203: Intestate succession laws
Chapter 205: Small estate affidavits
Chapter 114: Transfer-on-death deeds

Understanding how these rules apply can be difficult, especially during a time of loss. This is where skilled probate attorneys can make a significant difference.

Why Choose Heritage Law for Probate Matters?

Heritage Law provides personalized probate and estate administration services from two convenient Texas locations:

Georgetown Office

1625 Williams Dr, Bldg 1
Georgetown, TX 78628
�� 512-930-0529

Harker Heights Office

201 E Central Texas Expwy, Suite 1900
Harker Heights, TX 76548
�� 254-244-0700

Our attorneys offer:

Clear guidance through each step of probate
Deep knowledge of the Texas Estates Code
Help gathering documents and preparing filings
Communication with interested parties
Efficient handling of both simple and complex estates

We are committed to protecting your loved one’s legacy and ensuring the process is handled correctly and compassionately.

Need Probate Help in Texas? We’re Here for You.

If you’ve lost a loved one and need support navigating probate, Heritage Law can guide you with experience and care. Whether you’re an executor, family member, or beneficiary, we’re here to help you understand your rights, responsibilities, and optio ns. Contact us today .

References

Texas Estates Code (Chapters 201–205, 256, 301–309).
Texas Judicial Branch – Probate Information: https://www.txcourts.gov
Texas State Law Library – Probate Resources: https://www.sll.texas.gov
Texas Legislature Online – Estates Code: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1.htm

heritagelawtexas