Someone has to settle an estate, and that someone may be you. This guide from a probate lawyer in Texas perspective explains how probate works, how long it takes, and how to avoid costly mistakes.
Texas has its own probate code rather than the Uniform Probate Code, so local procedures and forms matter. In addition, probate is handled by the statutory probate court or county court, such as the Harris County Probate Courts. Consequently, local rules shape every step.
Our attorneys prepare probate documents, executor paperwork and small-estate affidavits across Texas, entirely online.
What probate is in Texas
Probate is the court process for settling a person's estate after death. It confirms the will, if there is one, and appoints someone to manage the estate. Then that person pays debts and distributes what remains.
In Texas, probate is handled by the statutory probate court or county court, such as the Harris County Probate Courts. Texas allows independent administration and "muniment of title," which can make probate fast and inexpensive. However, mistakes can still cause delays. A probate consultation explains which path fits your estate.
Does every Texas estate need probate?
Not always. Many assets pass outside probate. For example, life insurance and retirement accounts usually go to named beneficiaries. Similarly, jointly owned property with survivorship rights passes to the surviving owner. In addition, assets held in a living trust avoid probate.
Probate is usually needed for assets in the person's sole name without a beneficiary. Therefore, the first step is listing every asset and how it is titled. Read our guide to living trusts in Texas to see how planning avoids probate.
Small estates in Texas
Texas offers a small-estate affidavit when there is no will and the estate, excluding the homestead and exempt property, is $75,000 or less. Consequently, small estates can often skip full probate.
Small-estate procedures still require accurate paperwork. For instance, you may need to list assets, debts and heirs under oath. Our small estate affidavit service prepares this document at a fixed price.
The probate process step by step in Texas
First, locate the original will and file it with the court along with a petition. Next, the court appoints a personal representative, often called an executor or administrator. Then the representative receives letters showing their authority.
After that, the representative notifies heirs and creditors. They collect assets, pay valid debts and file tax returns. Finally, they distribute the remaining property and close the estate. Our probate documents service prepares the core filings.
When a will is missing
If there is no will, Texas's intestacy laws decide who inherits. Usually, spouses and children come first. Consequently, an administrator is appointed instead of an executor.
The executor's duties in Texas
An executor is a fiduciary. That means they must act honestly and in the best interests of the estate. Executors can be personally liable for careless mistakes.
Key duties include securing property, keeping records and opening an estate bank account. Furthermore, executors must treat beneficiaries fairly. Our executor documents service prepares acceptances, notices and receipts.
Creditors and debts in a Texas estate
Creditors must be notified so they can file claims. In most cases, the representative gives direct notice to known creditors and publishes notice for unknown ones. Claims filed late are often barred.
Our notice to creditors service prepares this notice correctly. Importantly, family members are not usually responsible for the debts personally.
Inventory and accounting in Texas
Most estates need an inventory listing assets and their values. For example, real estate may need an appraisal. Similarly, bank and investment accounts are listed at their date-of-death values.
Beneficiaries are entitled to understand how the estate was handled. Therefore, keep receipts for every payment. Our inventory of assets service organizes this information for filing.
Taxes during probate in Texas
The representative may need to file the person's final income tax return. In addition, the estate itself may need its own income tax return. Only very large estates owe federal estate tax.
Texas does not add a separate estate or inheritance tax on top of the federal rules for most families. Consequently, early tax advice is wise.
Will contests and disputes in Texas
Sometimes family members disagree. For instance, someone may claim the will was signed under undue influence. Others may challenge the executor's decisions.
Disputes slow probate and add cost. Consequently, good records and clear communication matter. If a dispute arises, a probate consultation helps you understand your options quickly.
Real estate in a Texas estate
A house is often the largest asset in an estate. If it was in the person's sole name, it usually passes through probate. However, a deed with survivorship rights or a transfer-on-death deed, where Texas allows one, can pass it directly.
During probate, someone must keep the property insured, secured and maintained. Consequently, check the insurance policy right away. In addition, the representative may need court approval, or at least heir agreement, to sell it.
Finally, mortgages and property taxes must keep getting paid. Otherwise, the estate can lose value fast. Include the property in the inventory of assets with a current appraisal.
Serving as executor from outside Texas
Many executors live in another state. Generally, that is allowed, although Texas may require a bond or a local agent to receive legal papers. Consequently, ask the court clerk about any extra requirements.
Most tasks can be done remotely today. For example, banks often accept documents by mail, and many courts accept electronic filing. Furthermore, our documents are prepared online, so distance is rarely a barrier. Still, plan for at least one trip to deal with the home or personal belongings.
How long probate takes in Texas
Simple estates often close in six months to a year. However, complex estates or disputes can take much longer. Selling real estate often adds months.
The fastest estates have organized records and cooperative heirs. Furthermore, accurate paperwork prevents rejected filings. When the work is done, our petition for final distribution service helps close the estate.
What probate costs in Texas
Probate costs include court filing fees, publication costs and professional fees. Attorney fees vary widely, depending on the estate and the lawyer's billing method.
Fixed-fee documents keep costs predictable. As a result, you know the price before work begins. For a national overview, read our probate administration guide. To avoid probate for your own family, see our estate planning package guide.
How fixed-fee probate help works in Texas
You do not need to pay hourly for routine paperwork. Instead, you can order the documents you need. For example, many executors start with a consultation to map the steps.
After that, you can order petitions, notices, inventories and closing documents as the estate progresses. Each has a set price. Furthermore, everything happens online, so you can work from anywhere, even if you live outside Texas. Browse our estate planning and probate services to see what fits.
If you are unsure where to begin, start small. First, gather the death certificate, the will and recent account statements. Then book a consultation, and we will build a clear checklist for your estate.
Our Probate services in Texas
Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Texas. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.
Probate consultation in Texas
A confidential 45–60 minute phone or video consultation with a licensed US attorney about probate after a loved one dies. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Probate Documents Package in Texas
Petition for probate, letters testamentary, inventory and notices to creditors.
Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Probate Documents Package — from $199 See what's included →
Executor Document Pack in Texas
Letters to institutions, inventory, accounting and distribution receipts.
Moreover, it is usually ready in 4 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Executor Document Pack — from $79 See what's included →
Small Estate Affidavit in Texas
Collect estate assets without full probate where your state allows.
Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Small Estate Affidavit — from $59 See what's included →
Probate Notice to Creditors in Texas
The notice to creditors required in probate, with publication and mailing instructions.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Probate Notice to Creditors — $125 See what's included →
Probate Inventory of Assets in Texas
The estate inventory and appraisal the probate court requires, prepared from the executor's records.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Probate Inventory of Assets — $1,000 See what's included →
Petition for Final Distribution in Texas
The petition asking the probate court to approve final distribution and close the estate.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Petition for Final Distribution — $450 See what's included →
Probate across Texas — cities we serve
We work with clients in every part of Texas, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Texas law and your county's local practice. Choose your city below to see local details and prices.
- Houston: Probate consultation in Houston · Probate Documents Package in Houston · Executor Document Pack in Houston
- San Antonio: Probate consultation in San Antonio · Probate Documents Package in San Antonio · Executor Document Pack in San Antonio
- Dallas: Probate consultation in Dallas · Probate Documents Package in Dallas · Executor Document Pack in Dallas
- Austin: Probate consultation in Austin · Probate Documents Package in Austin · Executor Document Pack in Austin
- Fort Worth: Probate consultation in Fort Worth · Probate Documents Package in Fort Worth · Executor Document Pack in Fort Worth
- El Paso: Probate consultation in El Paso · Probate Documents Package in El Paso · Executor Document Pack in El Paso
- Arlington: Probate consultation in Arlington · Probate Documents Package in Arlington · Executor Document Pack in Arlington
- Corpus Christi: Probate consultation in Corpus Christi · Probate Documents Package in Corpus Christi · Executor Document Pack in Corpus Christi
- Plano: Probate consultation in Plano · Probate Documents Package in Plano · Executor Document Pack in Plano
- Laredo: Probate consultation in Laredo · Probate Documents Package in Laredo · Executor Document Pack in Laredo
- Lubbock: Probate consultation in Lubbock · Probate Documents Package in Lubbock · Executor Document Pack in Lubbock
- Irving: Probate consultation in Irving · Probate Documents Package in Irving · Executor Document Pack in Irving
- Garland: Probate consultation in Garland · Probate Documents Package in Garland · Executor Document Pack in Garland
- Frisco: Probate consultation in Frisco · Probate Documents Package in Frisco · Executor Document Pack in Frisco
- McKinney: Probate consultation in McKinney · Probate Documents Package in McKinney · Executor Document Pack in McKinney
- Amarillo: Probate consultation in Amarillo · Probate Documents Package in Amarillo · Executor Document Pack in Amarillo
- Brownsville: Probate consultation in Brownsville · Probate Documents Package in Brownsville · Executor Document Pack in Brownsville
- Killeen: Probate consultation in Killeen · Probate Documents Package in Killeen · Executor Document Pack in Killeen
- Waco: Probate consultation in Waco · Probate Documents Package in Waco · Executor Document Pack in Waco
- The Woodlands: Probate consultation in The Woodlands · Probate Documents Package in The Woodlands · Executor Document Pack in The Woodlands
More Texas services
Probate Documents Package in Texas · Executor Document Pack in Texas · Small Estate Affidavit in Texas · Probate Notice to Creditors in Texas · Probate Inventory of Assets in Texas · Petition for Final Distribution in Texas. See all legal services in Texas.
Nearby states
Moving between states, or is the other party elsewhere? We also cover Probate consultation in Oklahoma, Probate consultation in Louisiana, Probate consultation in New Mexico, Probate consultation in Arkansas. See every location we cover.
Frequently asked questions
Is probate required in Texas?
Not always. Assets with named beneficiaries, joint ownership with survivorship or a living trust usually pass outside probate. Texas also offers a small-estate affidavit when there is no will and the estate, excluding the homestead and exempt property, is $75,000 or less.
Which court handles probate in Texas?
Probate in Texas is handled by the statutory probate court or county court, such as the Harris County Probate Courts.
How long does probate take in Texas?
Simple estates often close in six months to a year, but disputes, real estate sales or tax issues can extend the timeline.
Does Texas follow the Uniform Probate Code?
Texas has its own probate code rather than the Uniform Probate Code, so local procedures and forms matter.
Do you help executors in Texas?
Yes. We prepare probate petitions, executor documents, creditor notices, inventories and small-estate affidavits throughout Texas.
Contact American Counsel
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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.