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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The Complete Texas Probate Guide
Texas probate guide. Learn about independent administration, muniment of title, small estate affidavit, timelines, and costs under the Texas Estates Code.
How to Avoid Probate in Texas
Learn how to avoid probate in Texas with living trusts, beneficiary designations, transfer-on-death deeds, and other estate planning strategies.
Texas Probate Timeline: How Long Does Probate Take?
Texas probate timeline guide. Learn how long probate takes in Texas for independent administration, muniment of title, and small estate affidavits.
Texas Executor Duties and Responsibilities
Texas executor duties. Learn executor responsibilities, independent administration, filing requirements, deadlines, and estate administration under the Texas Estates Code.
Texas Letters Testamentary: Your Official Authority to Act as Executor
Texas Letters Testamentary grant executors legal authority to manage estates. Learn how to obtain these documents, what they allow you to do, and how long they remain valid.
Ancillary Probate in Texas: Handling a Foreign Estate's Texas Property
Ancillary probate is required when someone from another state owned Texas real estate or other Texas-sited property. Learn the process under Texas Estates Code §§ 501.001–505.004, alternatives like affidavit of heirship, and costs.
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Probate Basics
6- Can You Handle Texas Probate Without a Lawyer?
- Texas Community Property: What It Means for Your Estate
- Texas Exempt Property: What Surviving Families Can Keep
- Texas Intestate Succession: Who Inherits When There Is No Will
- Texas Probate Debt Payment Priority: The Order Executors Must Follow
- Texas Will Requirements: What Makes a Valid Will
Forms & Court
2Executor Duties
8- Texas Executor Duties and Responsibilities
- Texas Letters Testamentary: Your Official Authority to Act as Executor
- Texas Executor Compensation: The 5% Commission Rule Explained
- Texas Independent Administration: The Most Common Probate Path
- Texas Letters of Administration: Authority to Manage an Intestate Estate
- Texas Probate Accounting: What Executors Must Report and When
- Texas Probate Bond Requirements: When Executors Must Post Bond
- Texas Trust Administration: Managing a Trust After the Grantor Dies
Taxes & Deadlines
6- Federal Estate Tax and Texas Estates: What You Need to Know
- Texas Creditor Claims in Probate: Deadlines, Process, and Executor Duties
- Texas Family Allowance: Immediate Support During Probate
- Texas Probate Costs: Complete Breakdown of Fees and Expenses
- Texas Step-Up in Basis: Community Property Tax Benefit
- Texas Will Contests: Grounds, Process, and No-Contest Clauses
Planning Documents
5Property Transfer
8- The Complete Texas Probate Guide
- Texas Probate Timeline: How Long Does Probate Take?
- Ancillary Probate in Texas: Handling a Foreign Estate's Texas Property
- Selling Inherited Property in Texas: Capital Gains, Title, and Process
- Texas Affidavit of Heirship: Transfer Property Without Probate Court
- Texas Homestead Exemption in Probate: Protecting the Family Home
- Texas Muniment of Title: The Fastest Way to Probate a Will
- Texas Surviving Spouse Rights: What You Are Entitled To
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
Showing 36 of 254 counties. Search by county name or show the full list.
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