Texas Probate Process: From Filing the Will to Closing the Estate

In Texas, probate is the court process used to prove a will, appoint an estate representative, resolve required claims, and transfer property that does not pass by another method. Not every estate needs the same procedure. Depending on the will, the debts, the property, whether the heirs agree, and the county, the route may be independent administration, dependent administration, a muniment of title, a small estate affidavit, a determination of heirship, or another statutory proceeding. The first questions are whether a will exists, which assets pass outside probate, where the person lived, and which court has original probate jurisdiction. Deadlines and local fees should be confirmed against current Texas statutes and the county clerk's instructions.

This is general legal information about Texas law, not advice about a particular estate. A qualified Texas attorney can apply these rules to your facts.

Does this estate need probate?

Probate or administration is generally relevant when a court must admit a will, appoint a representative, determine heirs, authorize actions, or transfer property that does not pass automatically. The Texas State Law Library's probate guide overview (opens in a new tab) and TexasLawHelp.org's guide to handling an estate (opens in a new tab) describe these routes.

Some property passes outside probate. Common examples are:

• Beneficiary designations on life insurance, retirement accounts, payable-on-death accounts and transfer-on-death arrangements.
• Joint ownership with a right of survivorship.
• Property owned by a trust.
• Certain community-property survivorship arrangements.

Other assets, title questions, creditor issues or heirship questions may still need a court proceeding. So, listing each asset and how it passes is a practical first step.

Is there a will, and when must it be filed?

Locate and preserve the original will. The application to probate it is filed with the court that has probate jurisdiction, and section 256.051 (opens in a new tab) lists who may apply. Section 256.052 (opens in a new tab) sets out what the application must contain, including information about the decedent, the death, domicile, venue and property.

The main time limit is in section 256.003(a) (opens in a new tab). Except for a foreign-will exception, a will may not be admitted after the fourth anniversary of the testator's death unless the applicant proves the applicant was not in default in failing to present it by that date. Under section 258.003 (opens in a new tab), the court may not act on a will application until citation has been served as required.

Which Texas court handles probate?

It depends on the county. Under Estates Code section 32.001 (opens in a new tab), probate proceedings must be filed and heard in a court exercising original probate jurisdiction. Section 32.002 (opens in a new tab) sorts counties into three groups:

• If a county has a statutory probate court, that court has original probate jurisdiction.
• If a county has no statutory probate court but has a county court at law exercising original probate jurisdiction, that court and the constitutional county court have concurrent original jurisdiction unless otherwise provided.
• If a county has neither, the constitutional county court has original probate jurisdiction.

Government Code section 25.0003 (opens in a new tab) adds that a statutory probate court is the only county court created by statute with probate jurisdiction in a county that has one. To find the right court, check the county clerk or probate court website, the Texas Judicial Branch's court jurisdiction maps (opens in a new tab) and its explanation of trial courts (opens in a new tab), and the county's local rules. As one local example, the Harris County Clerk's Probate Courts page (opens in a new tab) lists filing instructions, forms and a fee schedule, an address of 201 Caroline, Suite 800, Houston, Texas 77002, and a Probate Department telephone number of (713) 274-8585.

What happens at the probate hearing?

The applicant must prove the statutory requirements in section 256.151 (opens in a new tab). If the court is satisfied, it admits the will under section 256.201 (opens in a new tab). For an executor named in the will, section 301.152 (opens in a new tab) and section 306.001 (opens in a new tab) set the requirements for appointment. Under section 306.001, the court grants letters testamentary to the qualified executor before the 21st day after the will is probated. The clerk issues the letters after the executor qualifies under section 306.004 (opens in a new tab).

Letters testamentary are the document that shows an executor's authority. Letters of administration serve the same purpose for an administrator.

Should the estate use independent or dependent administration?

Independent administration allows an estate to be handled with less routine court supervision. Under Estates Code section 401.001(a) (opens in a new tab), a person may state in a will that no action should be taken in probate court about settling the estate other than probating and recording the will and returning the required inventory, appraisement and list of claims. A testator may also prohibit independent administration under section 401.001(b), and then the estate is administered under court direction.

When a will names an executor but does not provide for independent administration, section 401.002(a) (opens in a new tab) allows all distributees to agree on it, subject to conditions and exceptions. Dependent administration involves more continuing court supervision and court orders for actions that independent administration may allow without prior approval. Related remedies and inventory provisions appear in Chapter 404 (opens in a new tab).

Independent administration does not remove the representative's duties. The representative still qualifies, preserves estate property, files the inventory materials, addresses creditor claims, pays valid obligations, distributes property and follows the Estates Code.

What must the representative do after appointment?

The first tasks are notices and the inventory. Chapter 308 (opens in a new tab) governs notices to beneficiaries and creditors. Section 309.051 (opens in a new tab) generally requires the inventory, appraisement and list of claims to be filed before the 91st day after qualification. People often call this a 90-day deadline, but the statute says "before the 91st day," and the court may allow a longer period. In an independent administration, section 401.003 (opens in a new tab) and related provisions call for an inventory or an affidavit in lieu of inventory within the statutory period, subject to court extension.

How are creditors handled?

Notice to creditors and presentation of claims are two different steps. Section 308.053 (opens in a new tab) governs notice to secured creditors, and section 308.054 (opens in a new tab) governs notice to certain unsecured creditors after the representative qualifies. Chapter 355 (opens in a new tab) covers presenting, allowing, rejecting, classifying and paying claims. Under section 355.152 (opens in a new tab), a secured creditor has the later of six months after letters are granted or four months after receiving the section 308.053 notice to specify how it wants its claim treated.

Can the estate use a shortcut?

Sometimes. Texas has several simpler routes, and each has conditions.

A small estate affidavit is for a person who died without a will. Under section 205.001 (opens in a new tab), among other conditions, 30 days must have passed, no personal representative has been appointed or is pending, and the estate's assets, excluding homestead and exempt property, must not exceed $75,000. TexasLawHelp.org has a small estate affidavit toolkit (opens in a new tab) with forms. Our guide to the Texas small estate affidavit covers it in more detail.

A muniment of title admits a will as evidence of title without opening a full administration. Under section 257.001 (opens in a new tab), the court must be satisfied the will should be admitted and that the estate owes no unpaid debt other than debt secured by a lien on real estate, or that administration is unnecessary for another reason. The application must contain the information required by section 257.051 (opens in a new tab). Estate size alone does not qualify an estate, and creditor, tax, title or recording questions can remain.

A determination of heirship under Chapter 202 (opens in a new tab) is the court's way of deciding who the heirs are and each heir's interest.

How does an estate with no will work?

A person who dies without a valid will dies intestate as to the property intestacy law covers. Chapter 201 (opens in a new tab) governs descent and distribution; section 201.001 starts with a person who leaves no spouse and lists the order of children, descendants, parents, siblings and more remote relatives, and other sections address a surviving spouse and community and separate property.

An intestate estate may involve an application for administration, a determination of heirship, appointment of an administrator, letters of administration, inventory and creditor procedures, and distribution under the intestacy statutes. TexasLawHelp.org explains that a court may appoint an attorney ad litem to investigate the decedent's family history; see its page on probating an estate without a will (opens in a new tab). Our guide to dying without a will in Texas covers this in more detail.

Do you need a lawyer to probate a will in Texas?

The answer depends on what the person is doing and where. Estates Code section 22.031 (opens in a new tab) defines a personal representative as a person a court appoints to administer a decedent's estate, and that person acts for the estate and may deal with beneficiaries, heirs and creditors. Texas Rule of Civil Procedure 7, on the state's rules and standards page (opens in a new tab), lets a party appear in person or through an attorney, but it does not let a nonlawyer represent another person or an estate in every proceeding.

TexasLawHelp.org says a personal representative generally uses a lawyer because the role is a fiduciary one, and that Texas authority allows an executor to represent themselves in a limited situation where there is a valid will and the executor is the only heir or beneficiary; see its page on probate court and representing yourself (opens in a new tab). Counties can add rules. Harris County's local materials (opens in a new tab) say a person applying to serve as executor or administrator must be represented by an attorney, with limited pro se categories such as a sole beneficiary in a muniment-of-title action. A lawyer who handles estates can tell you which category fits.

What does probate cost?

Costs vary by county, filing type, service method, bond, publication, attorney arrangement, appraisals and the estate's complexity. These figures are a dated local example from the Harris County Probate Courts fee schedule (opens in a new tab), not an estimate of what a particular estate will pay, and the county notes that fees can change.

Estates Code section 352.051 (opens in a new tab) says that, on satisfactory proof, a personal representative is entitled to necessary and reasonable expenses and to reasonable attorney fees necessarily incurred in connection with proceedings and managing the estate. Section 352.052 (opens in a new tab) addresses expenses and attorney fees in certain good-faith will-defense proceedings. Texas statutes do not set one statewide price for attorney fees, which may be hourly, flat or another agreed arrangement. Publication, bond premiums, certified copies, recording, appraisal, service and tax-professional fees may add to the total. Confirm current charges with the county clerk and ask any lawyer for fee information in writing.

When can the estate distribute property and close?

Distribution follows the will, the intestacy rules, court orders and the rules for the type of administration. Closing depends on the administration type, court orders, any final account or report requirement, unresolved claims and discharge provisions. For real property, deeds or court orders may need to be recorded where required.

On taxes, the IRS says a federal estate-tax filing is generally required when the decedent's gross estate, increased by adjusted taxable gifts and the specific exemption, exceeds the filing threshold for the year of death. For a decedent who dies in 2026, the IRS estate tax page (opens in a new tab) lists a $15,000,000 threshold, and the Form 706 instructions (opens in a new tab) explain that an executor may also file the form to elect portability of a deceased spouse's unused exclusion. For the current Texas state tax position, confirm with the Texas Comptroller or current Texas law.

Frequently asked questions

These short answers cover points that come up often once the basic steps are clear.

Does every Texas estate need probate?

No. Property that passes by beneficiary designation, survivorship or a trust owner can pass without it. Property that requires a court order or letters may need probate or administration.

What is independent administration?

It is an administration with reduced routine court supervision, created by the will or by the agreement of distributees under Chapter 401 (opens in a new tab). Filings such as the inventory or an affidavit in lieu of inventory are still required.

Can a small estate affidavit be used when there is a will?

No. Chapter 205 applies to a person who died intestate and adds conditions, including the $75,000 asset limit that excludes homestead and exempt property.

When is the inventory due?

Generally before the 91st day after qualification, unless a statutory exception or a court extension applies. The rule is in section 309.051 (opens in a new tab).

How long does probate take?

The length depends on the procedure, the court, creditor periods and whether anyone contests the estate. Our guide to how long probate takes covers timing in more detail.

Where to go next

If you are comparing a will with a trust, our guide to living trust versus will lays out the difference. To look at Texas probate and estate-planning law firms by city, start with our law firm directory.