Texas Probate Guide
Probate in Texas
Probate is typically required in Texas when the total estate exceeds $75,000. The process typically takes 9-18 months from filing to final distribution.
Probate Threshold
$75,000
Estate value triggering probate
Average Timeline
9-18 months
Filing to final distribution
Attorney Fees Start At
$4,000+
Minimum for a simple estate
What Is Probate in Texas?
Probate is the court-supervised legal process for settling a deceased person's estate — validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and legally transferring property to heirs and beneficiaries. In Texas, the probate court has jurisdiction over this process whenever assets are titled solely in the name of the deceased without a designated beneficiary or joint owner.
Texas uses independent administration — one of the most executor-friendly systems in the country. Once appointed, the independent executor can manage and close the estate with minimal court involvement, which reduces both cost and time significantly compared to most states.
The Texas Probate Process
Open the estate with the court
The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.
Inventory and appraise all assets
The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In Texas, the inventory is typically due within 90 days of the executor's appointment.
Notify creditors and pay debts
Notice to creditors is published in a local newspaper, and known creditors are notified directly. In Texas, creditors have 4 months from date of first publication of notice to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.
File and pay taxes
The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. Texas does not impose a state estate tax or inheritance tax, which simplifies this step.
Distribute assets and close the estate
After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to Texas intestate succession law. A final accounting is filed with the court and the estate is formally closed.
The full process takes 9-18 months in Texas for a straightforward estate. Contested wills, creditor disputes, or complex assets can extend this significantly.
Attorney Fees for Texas Probate
Texas Attorney Fee Structure
Hourly rate; independent administration (most common) minimizes court involvement; dependent administration requires court approval for most actions
For most Texas estates, attorney fees start at $4,000 and increase substantially for estates that include real estate, business interests, multiple heirs, or contested issues. Court filing fees and appraiser costs are separate from attorney fees.
Executor Bond Requirement
Not required if independent administration established; required in dependent administration
Who Inherits Without a Will in Texas?
Community property: decedent's share passes entirely to spouse if no descendants, or if all descendants are also spouse's; if a descendant is not the spouse's, decedent's community share passes to the descendants instead (spouse keeps only their own half). Separate property with descendants: spouse gets 1/3 of personal property (2/3 to descendants) plus a life estate in 1/3 of real property (remainder to descendants); with no descendants: spouse gets all personal property and 1/2 of real property outright, or the entire separate estate if no parent or sibling survives either
If the deceased did not leave a valid will, Texas's intestate succession laws determine who inherits — which may not reflect the deceased's actual wishes. A valid will overrides these default rules entirely.
Texas Estate & Inheritance Tax
No state estate tax; no inheritance tax; no state income tax
Small Estate Options in Texas
Small estate affidavit for personal property under $75,000 with no real estate; muniment of title for real property when no debts exist; both available 30+ days after death
Small estate procedures can dramatically reduce costs and processing time — but only for qualifying estates. Consult a probate attorney to determine if the estate qualifies.
More Texas Probate Resources
Probate Cost in Texas
Attorney fees, court costs, and total estimated range
Do I Need Probate in Texas?
Threshold, small estate options, and decision factors
Executor Duties in Texas
Eligibility, deadlines, compensation, and common mistakes
Small Estate Options in Texas
Qualification, process, and full probate comparison
Related Reading
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