Probate in Texas
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.
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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 unsure 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 options.
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
Frequently Asked Questions About Probate in Texas
1. What is probate in Texas?
Probate is the legal process of settling a deceased person’s estate. This includes validating the will, paying debts, identifying estate assets, and distributing property to heirs or beneficiaries. The process is guided by the Texas Estates Code.
2. How long does probate take in Texas?
Most Texas probate cases range from 3 months to 1 year, depending on:
- Whether there is a valid will
- Whether the estate is contested
- Complexity of the assets
- Response time from creditors and beneficiaries
More complicated estates can take longer.
3. Do all estates have to go through probate in Texas?
Not always. Probate may not be required if:
- The estate qualifies for a Small Estate Affidavit
- Property transfers automatically via a Transfer on Death Deed
- Assets have named beneficiaries (life insurance, retirement accounts, POD accounts, TOD accounts)
- Jointly owned property that passes through the right of survivorship
A probate attorney can review the estate to determine if a full probate is necessary.
4. What happens if someone dies without a will in Texas?
If there is no will, Texas applies intestate succession laws (Texas Estates Code Chapters 201–203). These laws determine who inherits property based on familial relationships, such as:
- Spouse
- Children
- Parents
- Siblings
The court will appoint an Administrator to oversee the estate.
5. Who can serve as executor or administrator?
In Texas, the Executor (when there's a will) or Administrator (when there isn’t a will or the will does not name an Executor) must be:
- At least 18 years old
- Of sound mind
- A U.S. resident
- Not a convicted felon (unless pardoned or specifically approved by the court)
Most wills nominate an Executor, but if not, the court will choose an Administrator.
6. How much does probate cost in Texas?
Costs vary depending on the estate’s complexity but often include:
- Court filing fees
- Attorney fees
- Executor compensation (if applicable)
Texas allows Independent Administration in most cases, which helps keep probate costs lower compared to many other states.
7. What is the Texas Estates Code?
The Texas Estates Code is the set of laws governing probate, wills, executors, estate administration, and guardianships. It outlines:
- When and how wills are probated
- Requirements for notices to creditors
- Executor duties and timelines
- Distribution rules when no will exists
It ensures estates are administered fairly and correctly.
8. Can probate be avoided in Texas?
Yes, in some cases. Probate may be avoidable if:
- The deceased person set up trusts
- Assets have beneficiary designations
- Real estate has a Transfer on Death Deed
Proper planning before death is key to avoiding probate.
9. How long do creditors have to file claims?
Generally:
- Secured creditors: must receive direct notice
- Unsecured creditors: have four months after receiving notice if Executor sends a permissive notice in writing
- All creditors must file within legally required timeframes under Texas Estates Code Chapter 308
The Executor reviews and approves or rejects claims.
10. How can a probate attorney help?
A probate attorney can:
- File all required court documents
- Help validate the will
- Prepare the inventory
- Guide distribution of assets
- Prevent costly mistakes
- Reduce stress during an already difficult time
Heritage Law provides probate services at both its Georgetown and Harker Heights offices.
