Texas Probate: How to Probate a Will in Texas
A Guide for Executors and Administrators
Texas offers a relatively streamlined probate system compared to many other states, with independent administration as a popular option for reducing court oversight. Whether you’re an executor managing a will or handling an estate without one, if you have been appointed as an executor or personal representative of an estate in Texas understanding Texas probate laws, estate tax considerations, inheritance rights, and the responsibilities involved in Texas estate administration is crucial for ensuring a smooth and legally compliant estate settlement.
Settling an estate in Texas requires navigating the Texas probate process, performing the legal duties of a personal representative, and complying with Texas probate laws. This guide provides a clear overview of estate administration in probate court Texas.
Executorium also maintains a County-Specific Resource Hub where you can find links, information, resources and contact information for county-specific agencies and departments relevant to probate, will and estate administration.
Access the County-specific resource hubs by using the table linked at the end of this guide.
How an Executor or Administrator Is Appointed in Texas
Probate begins when a will is filed, or an application for administration is submitted to the probate court in the county where the decedent resided. If a will exists, the court validates it and appoints the executor. If there is no will, the court appoints an administrator under Texas intestate succession rules.
Duties of an Executor Under Texas Probate Laws
Executors in Texas must:
- File an application for probate and present the will to the court
- Notify heirs, beneficiaries, and creditors
- Inventory and appraise estate assets
- Settle debts and taxes
- Distribute the estate and file final accounting (if required)
Texas Probate Process and Timeline
The Texas probate process generally includes:
- Filing a probate application
- Hearing and appointment of personal representative
- Notice to creditors and beneficiaries
- Filing of inventory, appraisement, and list of claims
- Settlement of debts and tax obligations
- Distribution of estate and closing procedures
Most probates in Texas take 6 to 12 months. Complex estates or disputes may extend the timeline. Visit the County-Specific Resource Hub for local court procedures.
Overview of Texas Estate Laws and Probate Code
Texas estate laws are governed by the Texas Estates Code, which outlines rules for wills, administration, guardianships, and trusts.
Wills and Probate Court Texas: Jurisdiction and Filing
Probate court Texas refers to statutory probate courts, county courts at law, or constitutional county courts depending on the county. Each court has jurisdiction over estate matters. Visit our County-Specific Resource Hub for links and filing information.
Estate Taxes in Texas and Inheritance Tax Texas
Texas does not impose a state inheritance or estate tax. However, large estates may still be subject to the federal estate tax if they exceed the IRS exemption threshold.
Texas Small Estate Affidavit and Simplified Probate
The Texas small estate affidavit may be used when:
- The value of the estate (excluding homestead and exempt property) is $75,000 or less
- No petition for the appointment of a personal representative has been filed
- The decedent died intestate (without a will)
It allows heirs to collect property without formal administration.
Intestate Succession Texas and Heirship
If there is no will, Texas intestate succession laws apply. The estate is distributed to surviving spouses, children, or other relatives according to the Estates Code. See Texas Estates Code §§201.001–201.111.
Trust Administration and Texas Trust Laws
Texas trust laws are governed by the Texas Trust Code (Texas Property Code, Title 9). A revocable living trust allows assets to pass outside probate and be managed privately by a successor trustee.
Documents Needed for Texas Probate Records
- Certified death certificate
- Original will and any codicils
- Application for probate
- Inventory and appraisal forms
- Creditor notices and tax filings
- Affidavits and final distribution paperwork
Filing Texas Probate Records Online and In Court
Texas probate records are filed with the appropriate probate court in the county where the decedent resided. Many counties offer e-filing through the Texas eFile system. Visit our County-Specific Resource Hub for links and forms.
Property Distribution and Texas Probate Attorney Help
Executors must follow the will or Texas intestate succession laws. A Texas probate attorney can assist with legal requirements, tax filings, and contested estates.
It is often required that the executor create a Lists of Heirs and an Inventory of Assets, this can help with the asset distribution process. A video walkthrough is also a valuable tool for the executor in managing the estate property and distribution process.
Executorium maintains a free directory of estate service providers in your state including probate attorneys. Visit the free to access Estate Services Directory for probate and estate service provider listings in your area.
Resolving Disputes: Wills and Probate in Texas
Will contests, disputes over heirship, and personal representative issues are resolved in probate court Texas. These cases may involve mediation or formal court hearings.
Summary & Linked Resources
Texas Wills and Probate County Resource Hubs
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Disclaimer
The information on this page is general in nature and was accurate at the time of publishing. While we strive to keep this content up to date, we make no guarantees regarding its current accuracy or applicability to specific estate situations.
Executors should seek legal guidance from a Texas probate attorney or estate professional for expert assistance. Visit our Estate Services Directory for free access to listings for Texas probate and estate services.