Texas (TX) · Process
Texas probate process
Probate in Texas follows a fairly predictable sequence, even when individual cases vary. Below is the typical shape of a Texas probate from filing through final distribution.
Filing
An application to probate the will is filed in the county court at law (in larger counties, the statutory probate court) of the county where the decedent lived.
Texas heavily favors independent administration where the will provides for it; the executor settles the estate with limited court supervision.
Hearing and Letters
After a brief hearing, the court admits the will and issues Letters Testamentary.
Inventory, claims, and administration
The executor files an inventory (or, when permitted, an affidavit in lieu of inventory) and handles creditor claims.
In an independent administration, the executor pays valid debts, manages or sells assets, and distributes without ongoing court approval.
Closing
Texas independent administrations often close informally — the executor distributes, files a closing report, and the file becomes inactive.
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