Texas Probate Guide
County-specific probate court contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in Texas.
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Texas Probate Guides
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Texas Probate Guide
Complete overview of the Texas probate process, from filing to distribution.
Texas Muniment of Title
The fastest way to probate a will in Texas when there are no unsecured debts.
Texas Small Estate Affidavit
Transfer assets under $75,000 without full probate using this simplified procedure.
Texas Independent Administration
The most common probate path in Texas with minimal court oversight.
Types of Probate in Texas
Texas offers several probate procedures depending on estate value and circumstances.
Independent Administration
The standard Texas probate path when the will authorizes it or the heirs agree, with minimal court supervision.
- Timeline
- 3-6 months
- Attorney
- Recommended
Muniment of Title
Available when there is a valid will and no unpaid unsecured debts requiring administration.
- Timeline
- 1-2 months
- Attorney
- Recommended
Small Estate Affidavit
Limited shortcut for qualifying intestate estates, usually focused on the homestead and modest personal property.
- Timeline
- 30+ days after death
- Attorney
- Optional
Texas Probate Courts by County
254 counties with detailed data
Texas Estate Law Overview
Texas Estate Tax Info
Texas tax information for estates
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.
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