1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingFayette County Clerk
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
Custodian of a will must deliver it to the clerk of the court that has jurisdiction. Will should be filed for probate within 4 years of death. (Texas Estates Code Section 252.001)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Texas small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for testate administration. If no will exists, it's intestate administration.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Available for intestate estates under $75,000. Requires 30 days after death and agreement of all heirs.
- Estate value under $75,000 (excluding homestead and exempt property)
- 30 days must pass after death
- All heirs must sign the affidavit
- No will exists (intestate)
- Qualifies:
- $75,000 (excluding homestead and exempt property)
- Typical duration:
- 1-2 weeks
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Small Estate Affidavit
- Certified Death Certificate
- List of assets and liabilities
- List of heirs
Most common form of Texas probate. Executor operates with minimal court supervision.
- Will authorizes independent administration, OR
- All heirs agree in writing, OR
- Court determines independent administration is in estate's best interest
- Typical duration:
- 3-6 months
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application to Probate Will as Independent Administration
- Certified Death Certificate
- Original Will
- Oath of Independent Executor
- Proof of mailing notice to beneficiaries
Court-supervised administration required when will doesn't authorize independent administration or court orders supervision.
- Estate contains disputed matters
- Will doesn't authorize independent administration
- Heirs cannot agree
- Complex or contested situation
- Typical duration:
- 6-18 months
- Attorney:
- not required by law, though many families use one
Simplified probate when there's a valid will and no unpaid debts except secured debts. No administration required.
- Estate has no administration necessity
- All debts have been paid
- Each beneficiary receives all property they're entitled to under will
- Qualifies:
- No debt limit - requires valid will and no unpaid unsecured debts
- Typical duration:
- 1-2 months
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application to Admit Will as Muniment of Title
- Certified Death Certificate
- Original Will
- Affidavit of debts paid
Used to transfer real property without formal probate. Requires disinterested witnesses.
- Two credible witnesses (disinterested)
- Notarized affidavit
- Identifies deceased, heirs, and property
- Typical duration:
- 1-2 weeks
- Attorney:
- not required by law, though many families use one
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Fayette County Court Self-Help can help you understand forms and filing requirements at no cost.
Visit Self-Help Center