How Does Probate Work in Texas? A Step-by-Step Guide

Texas probate: more flexible than most states

Texas has a reputation — largely deserved — for having one of the more flexible and efficient probate systems in the country. The Texas Estates Code provides multiple pathways for administering a decedent's estate, and many estates qualify for simplified or streamlined procedures. That said, probate is still a court process, and understanding how it works can help families navigate it with fewer surprises.

Step 1: File the application and admit the will

Probate in Texas begins with filing an application in the county probate court where the decedent resided at the time of death. The application requests that the court admit the will to probate and appoint an executor — the person named in the will to administer the estate. Texas requires that probate applications be filed within four years of the date of death; failing to meet this deadline can severely limit your options.

If the will is self-proved — meaning it includes an affidavit signed by the testator and witnesses before a notary at the time of execution — no live witness testimony is required at the probate hearing. This is one reason self-proved wills are strongly recommended in Texas estate planning.

Step 2: The court hearing and appointment of executor

The court sets a hearing date, typically two weeks or more after the application is filed, to allow time for proper notice. At the hearing, the judge reviews the will and the application, confirms the will's validity, and — if everything is in order — admits the will to probate and issues Letters Testamentary. Letters Testamentary are the official document that grants the executor legal authority to act on behalf of the estate.

Step 3: Independent administration

Most Texas wills include a provision appointing the executor to serve as an independent executor, which allows the estate to be administered without ongoing court supervision. This is a significant advantage of the Texas system. An independent executor can collect assets, pay debts, sell property, and distribute the estate to beneficiaries without returning to court for approval at each step.

If the will does not provide for independent administration, the court may still grant it if all beneficiaries consent. Without independent administration, the executor must obtain court approval for most significant actions — a slower and more expensive process called dependent administration.

Step 4: Inventory, notice to creditors, and debt payment

Within 90 days of qualification, an independent executor must file an inventory, appraisement, and list of claims with the court (or, alternatively, file a sworn affidavit in lieu of inventory). The executor must also provide notice to creditors — either by publishing notice in a local newspaper or by sending direct notice to known creditors. Creditors generally have four months from the date of the published notice to present claims against the estate.

Step 5: Distribution and closing the estate

Once debts, taxes, and administrative expenses are paid, the executor distributes the remaining assets to the beneficiaries named in the will. For an independent administration, there is no formal court closing required — the executor simply completes the administration and can file a closing report if desired. The entire process, for an uncontested estate with a valid will, commonly takes six months to a year from the date of filing.

Whether you are an executor navigating a Texas probate for the first time or a beneficiary with questions about the process, our probate attorneys are here to help. Contact us to schedule a consultation.