Estate Administration
Probate in Texas
Texas offers six distinct probate paths — from a court filing that takes two weeks to a supervised administration that takes two years. Understanding which one applies to your situation is the first step.
Interactive Guide
The 6 Types of Texas Probate
Answer five questions to find the right path, or browse all six types directly.
Decision Guide
Which type applies?
Question 1 of 5
Did the person leave a valid will?
Independent Administration
The most common form of Texas probate — used when there is a valid will and the executor can act without court supervision for most decisions. Covers the vast majority of estate administrations.
Requirements
- Valid, court-admitted will
- Named executor who is willing to serve
- All distributees agree (or will is silent on administration type)
- No unusual creditor disputes
The Process
- 1
File application for probate
File the will and application in the county probate court within 4 years of death.
- 2
Publish creditor notice
Publish a notice to creditors in a local newspaper for one week.
- 3
Qualify as executor
Executor takes oath, posts bond if required, and receives Letters Testamentary from the court.
- 4
Inventory and appraise assets
File an inventory, appraisement, and list of claims within 90 days of qualification.
- 5
Pay valid debts and taxes
Identify, verify, and pay legitimate creditor claims and any applicable taxes.
- 6
Distribute assets and close
Transfer assets to beneficiaries per the will. File final accounting and close the estate.
Typical Timeline
*All typical timelines are county-specific. Please speak to an attorney for a more accurate timeline for your situation.
Browse all types:
What is probate?
Probate is the court-supervised process of administering a deceased person's estate — validating the will, appointing an executor, notifying creditors, paying debts and taxes, and distributing what remains to heirs. It creates a public record and establishes legal ownership of assets. Depending on the type of proceeding, it can take weeks or years.
Do all estates need to go through probate?
No. Assets held in a trust, assets with named beneficiaries (like life insurance and retirement accounts), and jointly-held assets with right of survivorship all pass outside of probate. Thoughtful estate planning — particularly the use of living trusts and beneficiary designations — can often eliminate probate entirely.
The role of the executor
The executor is responsible for guiding the estate through probate. This includes locating and valuing assets, notifying and paying creditors, filing required tax returns, and ultimately distributing assets per the will. Executors have personal liability for mistakes — we help them fulfill their duties correctly.
Contested estates and will disputes
Sometimes heirs disagree about the validity of a will, the proper distribution of assets, or the conduct of the executor. These disputes can significantly extend the probate process and increase costs. Our attorneys represent both executors and beneficiaries in contested proceedings, working toward efficient resolution while protecting our clients' interests.
Related Practice Areas
Ready to Move Forward?
Our attorneys will assess your situation and guide you to the most efficient path through probate.
Book a Consultation