How Texas Probate Works: Step-by-Step (2026)

Texas probate follows these steps: apply to the court, get appointed, collect assets, pay debts, distribute to heirs. This guide walks through the process.

Attorney notice: Texas courts generally require an executor or administrator to be represented by an attorney in probate court. A narrow exception applies when the executor is the only beneficiary (Suday v. Suday, Tex. 2025), and many courts have their own policies. Ask the court before filing.

The Texas Probate Process

Step 1: File Application with Probate Court

Have your attorney file an application with the court that handles probate in the county where the decedent lived (a statutory probate court, statutory county court or county court, depending on the county; Estates Code Sections 32.002 and 33.001). The application introduces the will (if any) and asks for your appointment as executor.

Timeline: File anytime after death; no waiting period.

Step 2: Get Appointed and Receive Letter of Administration

The judge reviews your application. If the will is valid and there are no objections, you're appointed as personal representative (executor). You receive "letters testamentary" (if there is a will) or "letters of administration", proving your authority.

Timeline: 1 to 4 weeks after filing.

Step 3: Notify Heirs and Creditors

Beneficiaries of a probated will must be notified within 60 days after the will is admitted, with an affidavit or certificate of notice filed by day 90 (Estates Code Sections 308.002 and 308.004). Texas requires the personal representative to publish notice to creditors in a county newspaper within one month after receiving letters (Estates Code Section 308.051) and to notify known secured creditors within two months (Section 308.053). The notice must also go to the Comptroller if the decedent owed state taxes it administers (Section 308.051(a)(2)).

Step 4: File Inventory

File an inventory listing all estate assets before the 91st day after you qualify as personal representative, that is, within 90 days of taking the oath (Estates Code Section 309.051). An independent executor with no unpaid debts other than secured debts, taxes and administration expenses may file an affidavit in lieu of the inventory (Section 309.056).

Step 5: Collect Assets and Pay Debts

Gather asset statements, pay funeral costs, debts, and taxes. Keep detailed accounting records.

Step 6: Creditor Claims Period

Texas has no general claims deadline and no bar date based on publication: a claim can be presented at any time before the estate is closed unless limitations has run (Estates Code Section 355.001). An unsecured creditor who receives the personal representative's written notice under Section 308.054 is barred unless it presents the claim before the 121st day after it received the notice (Section 355.060), so the date runs separately for each creditor.

Step 7: Accounting and Distribution

In a dependent administration, the court supervises the accounting and distribution. In an independent administration, no court approval is needed to distribute; keep an accounting for the beneficiaries. Distribute remaining assets to heirs and beneficiaries only after valid claims and taxes are paid or provided for.

Step 8: Obtain Discharge

In a dependent administration, petition the court for discharge. An independent executor closes the estate by filing a closing report or notice of closing (Estates Code Section 405.004) rather than petitioning for discharge.

Total time: typically 6 to 12 months (typical; varies by county).

Independent vs. Dependent Administration

Texas offers two probate types:

Independent Administration: Less court supervision; executor has broader powers; faster and simpler.

Dependent Administration: More court oversight; better if beneficiaries dispute executor decisions.

Most uncontested estates use independent administration.

Small Estate Shortcut

If there is no will and the non-exempt assets are $75,000 or less, the small estate affidavit may be available. It is a shorter court procedure approved by a judge. See our Texas small estate guide.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about Texas probate procedures, consult an attorney licensed in Texas.