Texas is a community property state. Only a decedent's one-half share passes through probate — the surviving spouse already owns the other half. Separate property (inheritances, gifts, pre-marriage assets) distributes under the will or intestate statute.
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Texas recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Strongly preferred in Texas (Estates Code §401.001). Executor acts with minimal court supervision. Independent administration is default when will authorizes it or all heirs agree. No court approval needed for sales, distributions, or estate management.
Court-supervised administration (Estates Code §301.001). Executor must obtain court approval for major actions. More restrictive and expensive than independent. Used when will requires it or beneficiaries request.
These are the filings ordered the way they actually happen in a typical Texas estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Application for Probate of Will and for Issuance of Letters Testamentary (or Application for Administration if no will) with district court.
Clerk posts court notice at courthouse for at least 10 days before probate hearing (or as directed by court).
Attend court hearing to prove execution, validity, and admissibility of will. Establish jurisdiction, decedent's death, and executor's qualifications.
Court issues Letters Testamentary (with will) or Letters of Administration (no will) authorizing executor to act.
File complete inventory of all estate property with market values. Must be detailed and accurate (Estates Code §309.051).
Publish notice to creditors in county newspaper. Known creditors also receive direct notice. 4-month creditor claim period runs from publication date (Estates Code §355.060).
Creditor claim period is 4 months from publication of notice. Known creditors must receive direct notice (Estates Code §355.060). Claims can be disputed.
Independent admin: File Affidavit in Lieu of Accounting (simplified) when debts paid and estate settled (Estates Code §405.012). Supervised admin: File detailed accounting with court.
File closing statement and final distribution plan. For dependent administration, obtain court order closing estate (Estates Code §362.005).
After the personal representative is appointed, a notice to creditors must be published once for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to Known creditors (direct notice required).
If the gross estate is small enough, Texas allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active Texas courts:
Most Texas estates close in 7–13 months. The floor is set by the creditor claim period (4 months from first publication.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $75,000 or less (excluding homestead, exempt_property) and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: Estates Code §205.001.
Texas recognizes independent or supervised administration. independent — Strongly preferred in Texas (Estates Code §401.001). Executor acts with minimal court supervision. Independent administration is default when will authorizes it or all heirs agree. No court approval needed for sales, distributions, or estate management. supervised — Court-supervised administration (Estates Code §301.001). Executor must obtain court approval for major actions. More restrictive and expensive than independent. Used when will requires it or beneficiaries request.
After the personal representative is appointed, a notice to creditors must be published once in a qualifying newspaper for 1 week. Creditors then have 4 months from first publication. Claims filed after the deadline are barred. Citation: Estates Code §355.060.
Texas is a community property state. Property acquired during marriage is presumed to be owned 50/50 by both spouses. On a decedent's death, only the decedent's one-half share passes through probate — the surviving spouse already owns the other half outright. Separate property (inheritances, gifts, pre-marriage assets) is classified differently and distributes under the will or intestate statute.
Court filing fees in Texas typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
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