Texas (TX)
Probate & the executor’s job in Texas
Texas is, for most families, one of the friendlier probate states. Independent administration — where the executor settles the estate with limited court supervision — is the default when the will provides for it.
How probate works in Texas
Probate happens in the Statutory Probate Court (in the largest counties) or the County Court at Law in smaller counties. The executor files an application to probate the will, attends a brief hearing, and once Letters Testamentary issue, begins administering the estate.
Typical timeline
Independent administrations often wrap in roughly six to twelve months. Dependent administrations and contested matters take longer.
Small-estate alternatives
Texas offers a Small Estate Affidavit and Muniment of Title as alternatives to full probate when the estate qualifies. Eligibility and dollar limits change over time — verify the current rules before filing.
Where you’ll file
Each Texas county handles probate slightly differently. Confirm filing location, required forms, and filing fees with the county clerk where the decedent lived.
Texas probate, in depth
By county
Probate is filed in the county where the decedent lived. Each Texas county has its own court, clerk procedures, and local rules.
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First-30-day tasks (universal)
- Order certified copies of the death certificateYou'll need certified copies of the death certificate for nearly everything else — banks, insurers, the court, the Social Security Administration.
- Locate the will and any trust documentsFind the original will. Photocopies are not the same as originals, and the original is what gets filed with the court.
- Secure the home and personal propertyLock up. Change locks if needed. Forward mail. The estate is responsible for what's in the home from now on.
- File the probate petition with the courtIf the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.
- Inventory the estate's assets and debtsYou're personally responsible for an accurate accounting. Most courts require a formal inventory; even when they don't, you need one to administer the estate.
- Notify creditors and handle claimsMost states require formal notice to known creditors and a published notice to unknown creditors. There's a window for claims, then it closes.
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