Probate in Texas, step by step

1. The first 48 hours

   Look after the practical things first. Secure the home and valuables, arrange care for anyone — or any pet — who depended on the person who died, and let close family know what has happened. The legal work can wait a day; people cannot.

   Find the will, if there is one, and keep the original safe and untouched — do not remove staples or write on it. You will need to offer that original to the court, so treat it as evidence, not paperwork. Gather the basics you will need again and again: the death certificate, bank and insurance paperwork, and a working list of what the person owned and owed.

   Do not pay debts out of your own pocket, and do not hand out money or belongings yet. Until the court issues your letters, you have no authority to act for the estate — and there is one long-stop date to know from the start: After four years a will generally cannot be admitted, with narrow exceptions.

   Deadline — willLast day to offer a will for probate (4 years after death)

   StatuteTex. Estates Code §256.001

2. The first two weeks

   Work out which of Texas’s three doors this estate goes through. If there is no will and the estate — excluding the homestead and exempt property — is at or under $75,000, the Small Estate Affidavit may be enough. Two catches surprise people: at least 30 days must pass after the death, and a judge must approve the affidavit, so it is a court filing, not just a form you sign at the bank.

   If there is a valid will and no unpaid debts — other than debts secured by real estate — consider muniment of title, a Texas-only shortcut. A Texas-only shortcut: when there is a valid will and no unpaid debts (other than debts secured by real estate), the court can admit the will as a muniment of title without appointing an executor at all. It transfers title under the will without an ongoing administration at all.

   Everything else goes through independent administration, described in the next step. That is not a failure or a complication — it is the route Texas designed for ordinary estates, and for most families it is straightforward.

   Route — no willSmall Estate Affidavit — up to $75,000, intestate only

   StatuteTex. Estates Code ch. 205

   Route — will, no unpaid debtsMuniment of title — No dollar cap

   StatuteTex. Estates Code ch. 257

3. Opening probate

   Opening an independent administration means filing an application to probate the will in the probate court — or the county court handling probate — in the county where the person lived. After the required posting and a short hearing, the court admits the will, appoints you, and you qualify by taking your oath (and posting bond if one is required in your case).

   Qualifying is the moment everything changes. The court issues your letters testamentary — your proof of authority — and from then on, in an independent administration, you generally do not go back to the judge for permission to pay bills, sell property or settle the estate. That minimal supervision is the whole point of the Texas system: the court opens the door, and you do the work.

   The base filing fee is statutory and identical in all 254 counties: $360 ($223 local consolidated fee + $137 state consolidated fee, effective Jan 1, 2024). County totals rise with service and posting — Montgomery County's published total is $445 including a $75 constable posting fee. Later filings in the case are typically $120.

   Fee$360 base, plus county add-ons

   Worked exampleMontgomery County’s published total is $445, including a $75 constable posting fee

   StatuteTex. Loc. Gov't Code §135.102(a)(1); §133.151(a)(1)

   FormNo statewide form — your county court publishes its own set

4. Inventory and creditors

   Two duties follow qualification, and both have clocks. First, creditors: you publish notice to creditors in a local newspaper within 1 month of receiving your letters. Texas uses a permissive notice system — publishing is what starts the clock that can bar unsecured creditors who are given notice — and creditors you know about should also be notified directly, as the statute provides.

   Second, the inventory: an inventory, appraisement and list of claims — what the estate owns, what it is worth, and what it is owed — due within 90 days of the date you qualify. In many independent administrations, you file an Affidavit in Lieu of Inventory instead, which keeps the detailed list private while confirming to the court that beneficiaries have received it.

   Work from statements, deeds and appraisals rather than guesses. The inventory anchors everything that follows — creditor decisions, taxes, compensation and the final distribution all trace back to it.

   Deadline — creditor noticePublish within 1 month of letters

   Statute — creditor noticeTex. Estates Code §308.051

   Deadline — inventory90 days after qualification

   Statute — inventoryTex. Estates Code ch. 309 (§309.056 affidavit in lieu)

5. Taxes

   Three tax jobs usually land on you, and they are about process, not surprises. First, the person’s final income-tax return, covering the part of the year up to the date of death. Second, if the estate itself earns income while you administer it, the estate may need its own return — for that you will need an employer identification number (EIN) for the estate, which you apply for from the IRS in the estate’s name, never using your own Social Security number for estate accounts.

   Third, a federal estate-tax return is a possibility for large estates. Most estates are nowhere near that territory, but if this one might be, raise it with a tax professional early — it affects how long the estate should stay open and what you should hold back before distributing.

   Keep clean records from day one: every account statement, valuation and receipt. Good records make each of these returns a filing exercise instead of an archaeology project.

   ReturnsFinal income-tax return for the decedent; estate return if the estate earns income

   First stepGet an EIN for the estate

6. Distribution and closing

   When the creditor position is settled and the tax position is clear, you pay the valid debts and administration expenses, then distribute what is left exactly as the will directs — or, if there is no will, as Texas intestacy law directs. Get a signed receipt from each beneficiary for what they received.

   An independent administration closes more quietly than it opened. Once distribution is complete, confirm with the court clerk whether any closing filing is wanted in your case, keep your records and receipts, and only then treat the job as done. If you are unsure, ask the clerk or an attorney before you assume it is finished.

   Expect the whole independent administration to take 4–8 months for an independent administration. Estates with property to sell, debts to resolve or disputes sit at the longer end; a clean estate with cooperative beneficiaries sits at the shorter end.

   Typical duration4–8 months for an independent administration

   TrackIndependent administration — minimal court supervision after qualifying

Forms: county country, honestly

Texas is honest-to-goodness county country: there is no comprehensive statewide set of probate forms. Your county probate court or county clerk is the source, and TexasLawHelp fills part of the gap for the small-estate affidavit.

For example: Montgomery County Probate Court No. 1 publishes a small-estate affidavit, an inventory template, and Independent/Dependent Administration handbooks in English and Spanish. Start with TexasLawHelp.org — free legal information and the small-estate affidavit, then use our official forms index to find the Texas entry and your own county court’s set before you file anything. Verified Nov 7, 2026