Texas Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Texas.

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Do I Need Probate?Free assessment tool Estate ChecklistStep-by-step tasks Fee CalculatorEstimate your costs GlossaryLegal terms explained First StepsWhat to do first Estate PlanningPlan your own will & POA

Types of Probate in Texas

Texas offers several probate procedures depending on estate value and circumstances. The timeline varies by type: Independent Administration typically takes 3-6 months, Muniment of Title takes 1-2 months, and Small Estate Affidavit can often be completed in 30+ days after death.

See the full comparison of Texas probate typesWhich procedures exist, who qualifies, and how the timelines compare.

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Find your county

Texas Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 254 counties have detailed data.

Anderson Andrews Angelina Aransas Archer Armstrong Atascosa Austin Bailey Bandera Bastrop Baylor

Show all 254 counties

Bee Bell Bexar Blanco Borden Bosque Bowie Brazoria Brazos Brewster Briscoe Brooks Brown Burleson Burnet Caldwell Calhoun Callahan Cameron Camp Carson Cass Castro Chambers Cherokee Childress Clay Cochran Coke Coleman Collin Collingsworth Colorado Comal Comanche Concho Cooke Coryell Cottle Crane Crockett Crosby Culberson Dallam Dallas Dawson Deaf Smith Delta Denton DeWitt Dickens Dimmit Donley Duval Eastland Ector Edwards El Paso Ellis Erath Falls Fannin Fayette Fisher Floyd Foard Fort Bend Franklin Freestone Frio Gaines Galveston Garza Gillespie Glasscock Goliad Gonzales Gray Grayson Gregg Grimes Guadalupe Hale Hall Hamilton Hansford Hardeman Hardin Harris Harrison Hartley Haskell Hays Hemphill Henderson Hidalgo Hill Hockley Hood Hopkins Houston Howard Hudspeth Hunt Hutchinson Irion Jack Jackson Jasper Jeff Davis Jefferson Jim Hogg Jim Wells Johnson Jones Karnes Kaufman Kendall Kenedy Kent Kerr Kimble King Kinney Kleberg Knox La Salle Lamar Lamb Lampasas Lavaca Lee Leon Liberty Limestone Lipscomb Live Oak Llano Loving Lubbock Lynn Madison Marion Martin Mason Matagorda Maverick McCulloch McLennan McMullen Medina Menard Midland Milam Mills Mitchell Montague Montgomery Moore Morris Motley Nacogdoches Navarro Newton Nolan Nueces Ochiltree Oldham Orange Palo Pinto Panola Parker Parmer Pecos Polk Potter Presidio Rains Randall Reagan Real Red River Reeves Refugio Roberts Robertson Rockwall Runnels Rusk Sabine San Augustine San Jacinto San Patricio San Saba Schleicher Scurry Shackelford Shelby Sherman Smith Somervell Starr Stephens Sterling Stonewall Sutton Swisher Tarrant Taylor Terrell Terry Throckmorton Titus Tom Green Travis Trinity Tyler Upshur Upton Uvalde Val Verde Van Zandt Victoria Walker Waller Ward Washington Webb Wharton Wheeler Wichita Wilbarger Willacy Williamson Wilson Winkler Wise Wood Yoakum Young Zapata Zavala

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Texas Probate Guides

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TXJan 11, 2026

Ancillary Probate in Texas: Handling a Foreign Estate's Texas Property

Browse Texas guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

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Executor Duties

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Planning Documents

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Avoiding Probate

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Texas Probate Self-Help and Online Resources

Texas probate resource map by source type

Statewide process, forms, and code sources1

State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.

Referral-navigation sources6

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

All Texas self-help resources (7 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source

Texas probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.

Which Texas probate source should you use?

Start with the state court, form, or self-help source for general Texas probate context.
Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.

Statewide process, forms, and code sources

State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.

Texas Courts
State-level source record in Settled data, accessed 2026-01-11.

Referral-navigation sources

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

State Bar of Texas
State-level source record in Settled data, accessed 2026-01-11.
Texas Law Help
Self-help legal information, Court forms, Legal aid finder, Probate and estate information
Texas RioGrande Legal Aid (TRLA)
Free legal services for qualifying individuals, Family law, Housing, Public benefits
Lone Star Legal Aid
Free legal services, Consumer issues, Housing, Family law
Legal Aid of NorthWest Texas
Free civil legal services, Housing, Family law, Public benefits
Texas Lawyer Referral Service
Statewide lawyer referral service

Settled pairs these Texas source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.

Texas Estate Law Overview

Texas Estate Tax Info

Texas tax information for estates

State Estate Tax

Inheritance Tax

State Income Tax

Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines how a person's property is distributed when they die without a valid will.

View order of inheritance (no spouse)

1ParentsEqually to both parents, or all to the surviving parent
2Siblings and their descendantsIf one parent survives with siblings: half to parent, half to siblings. If no parents: all to siblings (descendants of deceased sibling take by representation)
3Grandparents and their descendantsHalf to maternal side, half to paternal side. If no heirs on one side, all goes to the other side.

Texas Homestead Protection

Texas has among the strongest homestead protections in the United States, enshrined in the Texas Constitution. Homestead protection is considered a core right in Texas and provides three types of protection: creditor exemption, descent/devise restrictions, and property tax benefits.

Creditor protection: read the statute text

UNLIMITED VALUE - Texas has no cap on the value of homestead protected from creditors

Statute: Texas Constitution Article XVI, § 50; Texas Property Code Chapter 41

Exempt Property

Texas has some of the strongest asset protections in the nation. Certain property is exempt from creditor claims and passes to surviving family members outside of regular probate.

Family Allowance

Sufficient for maintenance for one year from date of death - Surviving spouse and minor children are entitled to support allowance from the estate

Texas Probate Questions

How much does probate cost in Texas?

Texas probate filing fees vary by county and type of administration. According to Texas court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Texas fee calculator for county-specific estimates.

How long does probate take in Texas?

The timeline varies by type: Independent Administration typically takes 3-6 months, Muniment of Title takes 1-2 months, and Small Estate Affidavit can often be completed in 30+ days after death.

Do I need an attorney for probate in Texas?

Texas does not require an attorney for every probate path, but anything beyond the simplest small-estate matter is easier with counsel. Dependent Administration typically requires attorney involvement, while Independent Administration and Muniment of Title are often handled with legal help even when not strictly required.

Are these Texas probate resources county-specific?

No. This map shows state-level source links from Settled data. Use it with the Texas county page and the county office handling the estate before filing.

Which Texas source should I use first?

Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.

Does the Texas Probate Resource Map replace attorney review?

No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.