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When a person dies, their estate doesn’t automatically settle itself. Property, debts, and legal rights remain unresolved until the court gets involved. Probate is the legal process that handles these matters—determining who inherits, appointing someone to manage the estate, and ensuring everything is properly finalized. For those unfamiliar with the process, it can feel overwhelming. This guide explains how to file for probate in Texas step-by-step, so you know what to expect and how to move forward efficiently while avoiding unnecessary delays or mistakes.
What Is Probate?
Probate is the legal process used to validate a will and settle an estate. It includes paying debts, identifying heirs, and distributing property. The court appoints someone to handle the estate, called the executor if there is a will, or the administrator if there isn’t.
When Probate Is Required
Probate usually becomes necessary when the deceased owned assets in their name alone. These might include:
- Real estate
- Bank accounts without payable-on-death beneficiaries
- Personal property
- Investment accounts
- Business interests
If the estate qualifies for a small estate affidavit or independent administration, the process can move faster. But full probate is still required in many cases.
Step 1: Determine If Probate Is Needed
Start by gathering a list of all assets owned by the deceased. See if any have designated beneficiaries or joint owners. Life insurance, retirement accounts, and joint bank accounts may pass directly to the listed individual. If the person owned real property or had large assets in their name alone, probate likely applies.
Check for:
- A valid will
- Real estate titles
- Financial accounts
- Business ownership documents
If no will exists, the court follows Texas intestate succession laws to decide who inherits.
Step 2: Find the Right Probate Court
File probate in the county where the person lived at the time of death. Each county has a probate court or a county court with probate jurisdiction. You can check with the county clerk’s office or website to confirm the correct court.
Step 3: Locate the Original Will
If the person left a will, find the signed and witnessed original document. Texas law requires the original will to validate the estate plan. If it’s missing, you’ll need extra evidence or affidavits to prove the will’s contents and authenticity.
You must file the will within four years of the person’s death. If you wait longer, the court may treat the case as if there was no will.
Step 4: Hire a Probate Attorney (Optional but Helpful)
While Texas law allows individuals to file for probate without a lawyer, the process involves court rules, deadlines, and filings. Many families choose to work with an attorney to avoid mistakes. An attorney can draft and file documents, represent you at hearings, and guide you through asset distribution.
Step 5: File an Application for Probate
Once you locate the will and identify the correct court, you must file a formal application for probate. This document opens the estate and asks the court to name an executor or administrator. The application must include:
- Decedent’s name and date of death
- Statement of domicile
- Name of proposed executor
- Information about heirs or beneficiaries
- A request to validate the will (if applicable)
The court clerk assigns a case number and schedules a hearing.
Step 6: Post the Required Notice
Texas law requires public notice of the probate application. The court clerk posts a citation at the courthouse, which alerts creditors and interested parties that someone filed a probate case. This gives others a chance to contest the will or raise objections.
Creditors usually have four months to file claims against the estate once probate begins.
Step 7: Attend the Probate Hearing
The court schedules a hearing after the notice period. The judge reviews the application, verifies the will (if there is one), and formally appoints the executor or administrator.
The person seeking appointment must appear in court and swear an oath to carry out their duties honestly. If the court accepts the will, the judge signs an order admitting it to probate.
Step 8: Receive Letters Testamentary or Letters of Administration
Once the court appoints an executor or administrator, the clerk issues official documents called “Letters Testamentary” or “Letters of Administration.” These allow the personal representative to access bank accounts, sell property, pay debts, and distribute assets.
You may need to present these letters to banks, investment companies, or real estate agents when managing the estate.
Step 9: Identify and Inventory the Estate
The next step involves collecting all estate assets and filing an inventory with the court. This includes:
- Bank accounts
- Investment accounts
- Real estate
- Vehicles
- Personal property
- Debts owed to or by the estate
Texas law requires this inventory within 90 days unless the court grants an extension.
You may submit either:
- A full inventory filed with the court
- An affidavit in lieu of inventory if beneficiaries agree and the estate qualifies
Step 10: Notify Creditors and Settle Debts
Executors must notify known creditors of the estate. Some debts, like mortgages and car loans, may continue through the estate administration. Others, like medical bills or credit card balances, get paid out of estate funds before distributing inheritances.
You should:
- Notify secured and unsecured creditors
- Publish a notice to unknown creditors in a local newspaper
- Review and approve valid claims
- Reject fraudulent or expired claims
The estate can’t close until debts and taxes are paid or resolved.
Step 11: Handle Taxes
You may need to file several types of tax returns:
- Final individual income tax return for the deceased
- Estate income tax return if assets produce income during probate
- Federal estate tax return (rare unless estate exceeds the exemption)
Check for unpaid property taxes or business taxes as well. Pay these before final distributions.
Step 12: Distribute the Remaining Assets
Once the court approves the inventory, debts are paid, and taxes are handled, the executor can distribute the remaining property. Follow the instructions in the will or, if no will exists, apply Texas intestate succession rules.
Distributions might include:
- Transferring property titles to heirs
- Writing checks to beneficiaries
- Assigning personal items like jewelry or furniture
Keep detailed records of what each person receives. Some beneficiaries may need receipts or tax documentation.
Step 13: File a Final Accounting and Close the Estate
In many cases, the court requires a final accounting. This report lists:
- Assets collected
- Debts paid
- Distributions made
- Remaining balance (if any)
The court may hold a hearing to review the final report. If everything checks out, the judge signs an order closing the estate. The executor’s duties officially end at this point.
Common Issues That Delay Probate
Some estates move through probate in a few months, while others take over a year. These common problems can cause delays:
- Missing or contested will
- Disagreements among heirs
- Out-of-state assets
- Unpaid taxes or lawsuits
- Poor recordkeeping by the executor
Preparing well and staying organized helps avoid these problems.
Avoiding Probate
While this guide covers how to file for probate, some families prefer to avoid it altogether. These tools help bypass court involvement:
- Living trusts
- Payable-on-death accounts
- Joint ownership
- Beneficiary designations
People can set up their estate plans during life to reduce the need for court proceedings after death.
Final Thoughts
How to file for probate in Texas involves following a clear, step-by-step process. It begins with locating the will, identifying all assets, and filing an application with the appropriate court. Next, the court appoints an executor who must send required notices, attend hearings, collect property, pay outstanding debts, and distribute the remaining assets to beneficiaries. While the process can take time, each step is essential to ensure the estate is closed legally, fairly, and in accordance with Texas law.
Other Related Articles:
- Can You File Probate Without a Lawyer?
- How to File a Pleading in Texas Probate: A Step-by-Step Guide
- Avoid Probate Delays: Knowing When to File Proof of Facts in Texas Probate
- What assets do not go through probate?
- Estate Planning and Probate: Maximizing the Benefits of a Will
- 5 Common Misconceptions About Texas Probate and Estate Planning
- Executor Duties in Texas: A Comprehensive Guide
- The Basics of Texas Probate: A Guide for Executors and Heirs
- Unlocking the Mystery: How Long Does an Executor Have to Settle an Estate?
- Does an Executor Have To Show Accounting to Beneficiaries?
Texas Probate FAQs: Contesting Wills, Debts, and Taxes
Yes, the probate process can be contested in Texas. Interested parties, such as heirs or beneficiaries, can raise objections or contest the validity of the will. This can lead to court hearings to resolve disputes.
In Texas, debts and taxes are paid from the assets of the estate. There is a specific order set by state law for debt payment. Estate taxes and inheritance taxes, if applicable, are also addressed during probate.
You can protect assets from probate by utilizing strategies such as creating revocable living trusts, designating beneficiaries for accounts and assets, and joint tenancy arrangements. Consulting with an attorney can help you explore these options.
A probate attorney in Texas specializes in guiding individuals and families through the probate process. They assist with filing court documents, handling legal matters, and ensuring that the deceased person’s wishes are carried out correctly.
While it’s possible to handle probate without an attorney in Texas, it’s often advisable to seek legal counsel, especially for complex estates. An attorney can provide valuable guidance and help navigate the legal intricacies of the process.
