Probate
Settling an estate after a death — including the estates where no planning was ever done.
Texas is more forgiving than most states about probate, and families are often relieved to hear it. The process here is usually shorter, cheaper and far less court-supervised than the horror stories suggest — provided the right procedure is chosen at the start.
A will generally must be admitted to probate within four years of the date of death. After that the estate is typically administered as though there were no will at all, which can change who inherits. If you are holding a will and time has passed, that is a reason to call rather than a reason to avoid calling.
Which procedure applies
- Independent administration
- The Texas default where a will provides for it or the heirs agree. The executor administers the estate without ongoing court supervision — no court permission needed to sell property or pay debts. This is the reason probate in Texas is cheaper than in most states.
- Muniment of title
- Where there is a valid will and no unpaid debts other than those secured by real property, the court can simply admit the will as evidence of title. Frequently one hearing and no administration at all.
- Small estate affidavit
- Available for modest estates — generally $75,000 or less excluding the homestead and exempt property — where there is no will and no administration pending.
- Determination of heirship
- Where someone died without a will, a proceeding to establish legally who the heirs are. Often paired with an independent administration.
- Dependent administration
- Court-supervised, required in contested matters or where the will does not provide otherwise. Slower and more costly, and worth avoiding where the law allows.
Choosing correctly at the outset is most of the value. Families who file the wrong proceeding often spend more unwinding it than the whole matter should have cost.
What an executor is actually signing up for
If you have been named executor, you have taken on duties owed to the beneficiaries and to creditors: gathering and safeguarding assets, notifying creditors as the Estate Code requires, filing an inventory, paying valid debts and taxes, and distributing what remains. You can be held personally responsible for getting it wrong. Most executors are grieving family members doing this once in their lives, and the point of counsel is that you do not have to learn it on your own.
What it costs and how long it takes
A straightforward independent administration in Travis, Hays or Williamson County is commonly resolved in a few months, with the mandatory creditor notice period setting much of the pace. A muniment of title can be faster still. Contested matters — a will challenge, a dispute among heirs, a claim against the estate — run longer and cost more, and we will tell you which category you are in early rather than late.
Common questions
Does every estate have to go through probate?
No. Property held in a funded trust, accounts with payable-on-death designations, real property covered by a transfer-on-death deed, and assets owned with survivorship rights all pass outside probate. Sometimes there is nothing left that requires a proceeding at all.
The will names me executor. Do I need a lawyer?
In Texas an executor generally must be represented by counsel to probate a will, because the executor acts on behalf of others rather than only themselves. Beyond the requirement, the personal liability that comes with the role is the practical reason.
What if there is no will?
The estate passes under the Estate Code's rules of descent and distribution, and an heirship proceeding establishes who the heirs are. It is more involved than probating a will, but entirely manageable.
Someone is contesting the will. What now?
Call early. Will contests turn on capacity, undue influence, or the formalities of execution, and the evidence that matters — medical records, witnesses, the circumstances of signing — is easiest to preserve at the beginning.