Texas Estate Planning — Statewide
Texas Probate — Settling an Estate With or Without a Will
Probate is the court-supervised process of validating a will and settling an estate. Texas has one of the most streamlined probate systems in the country — but it requires proper legal procedure. Texas Defense Team assists with probate and estate administration statewide.
How Texas Probate Works — An Overview
Texas probate is governed by the Texas Estates Code. The basic process for probating a will:
1. File the will and application for probate in the county where the decedent resided (within 4 years of the death date)
2. The court holds an initial hearing to verify the will is valid
3. Letters testamentary are issued to the executor named in the will
4. The executor notifies creditors and heirs
5. The executor inventories and values assets
6. Debts, taxes, and expenses are paid
7. Remaining assets are distributed to beneficiaries
8. Final accounting filed with the court
Texas allows 'independent administration' — the most common form — where the executor acts without court supervision for most decisions, making Texas probate significantly less expensive and faster than in many other states.
- Tex. Est. Code §401.001 — Independent administration — appointment and authority
- Tex. Est. Code §256.001 — Probate of will — application requirements and filing
Probate Without a Will — Intestate Administration
If someone dies without a valid will (intestate), a different probate proceeding applies:
Determination of Heirship: The court must legally determine who the heirs are before distributing assets. This requires two disinterested witnesses who can testify about the family history, and typically an attorney ad litem (appointed by the court to represent unknown heirs).
Administrator appointment: Without a named executor, the court appoints an administrator (typically the surviving spouse or a qualified heir) to manage the estate.
Distribution by statute: Assets are distributed according to Texas intestate succession laws (Tex. Est. Code §§201.001–201.101) — not the decedent's wishes.
Intestate probate is generally more time-consuming and expensive than probating a valid will. This is one of the core reasons estate planning attorneys recommend having a will.
- Tex. Est. Code §202.009 — Judgment of heirship — effect and record
Texas Probate Alternatives — Avoiding Court for Smaller Estates
Small Estate Affidavit: Under Tex. Est. Code §205.001, if the estate's value (excluding homestead and exempt property) does not exceed $75,000 and there is no will, heirs may be able to use a small estate affidavit instead of formal probate. This requires all heirs to sign and have the affidavit approved by the court.
Muniment of Title: Under Tex. Est. Code §257.001, if the only reason to probate a will is to clear title to real property (no unpaid debts other than mortgage), a muniment of title proceeding — a simplified probate — may be available.
Living Trust: Assets held in a properly funded living trust pass to beneficiaries without any probate proceeding. This is the most complete way to avoid probate in Texas.
Texas Defense Team evaluates each family's situation to recommend the most appropriate and cost-effective approach.
Frequently Asked Questions
How long does Texas probate take?+
Texas independent administration probate typically takes 6 to 12 months for straightforward estates. Estates with disputes, unusual assets, or creditor claims can take longer. Intestate administration (without a will) generally takes longer due to the heirship determination process.
What assets go through Texas probate?+
Assets that go through probate are those titled solely in the decedent's name with no surviving joint owner and no beneficiary designation. Assets that typically avoid probate include: jointly owned property with right of survivorship, IRAs and 401(k)s with named beneficiaries, life insurance with named beneficiaries, POD (payable on death) bank accounts, and assets held in a living trust.
How much does Texas probate cost?+
Texas probate costs include court filing fees ($200–$350 typically), attorney fees (varies by estate complexity — independent administration in Texas is much less expensive than in states requiring court supervision of every step), executor fees (optional, set by will or statute), and inventory/appraisal costs. Simple independent administration of a modest estate can often be completed for $2,000–$5,000 in attorney fees.