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

Texas probate is straightforward: petition the court, get appointed, collect assets, pay debts, distribute to heirs. This guide walks through the process.

The Texas Probate Process

Step 1: File Application with Probate Court

File an application with the district court (or county court) in the county where the decedent lived. 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 a "Letter of Administration," proving your authority.

Timeline: 1 to 4 weeks after filing.

Step 3: Notify Heirs and Creditors

Send notice to all heirs and beneficiaries. Publish notice to creditors in a newspaper if required by the type of probate.

Step 4: File Inventory

File an inventory listing all estate assets within 90 days of your appointment.

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

Creditors have a deadline (varies by probate type) to file claims. After the deadline, unpaid claims are barred.

Step 7: Accounting and Distribution

Prepare an accounting showing income, expenses, and distributions. Get court approval. Distribute remaining assets to heirs and beneficiaries.

Step 8: Obtain Discharge

Petition the court for discharge, closing your role as executor.

Total time: 6 to 12 months.

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

Estates under $75,000 with no real property can skip court using the small estate affidavit. See our Texas small estate guide.

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about Texas probate procedures, consult an attorney licensed in Texas.