Texas Probate Guide
If you've just lost someone and are facing the Texas probate process — this guide walks you through what it costs, how long it takes, the exact filings Texas requires, and whether you can avoid formal probate entirely.
Typical Timeline
6–12 months
Uncontested formal probate
Small Estate Threshold
$75,000
Small Estate Affidavit
Court
Statutory Probate Court, County Court at Law, or Constitutional County Court
Filing fee: $360–$500
Executor Commission
Statutory scale
~$50,000 on a $1M estate
Probate is triggered when the decedent owned solely-titled assets above the $75,000 small-estate threshold, owned real estate not subject to a TOD deed or trust, or had a will needing admission. Texas offers several streamlined alternatives: muniment of title (will only, no debts beyond secured real estate), independent administration, and the small estate affidavit.
Independent administration with a clean will typically closes in 6-12 months; muniment of title can finish in 30-60 days. Dependent administration and contested estates can run 18+ months.
Texas's Small Estate Affidavit allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Current threshold; raised from $50,000 by HB 2782 (2019) | $75,000 |
| Prior threshold (pre-September 2019) | $50,000 |
Available when the decedent died intestate, at least 30 days have passed, and non-exempt assets do not exceed $75,000 (the homestead and other exempt property are excluded from the calculation). Filed with the probate court for approval.
Under Tex. Estates Code § 352.002, an executor is entitled to a 5% commission on cash actually received and paid out, capped at 5% of the gross fair market value of the estate. Property valued and distributed in-kind, debts paid off the top, and proceeds collected from life insurance generally don't count toward the commission base.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $50,000.
Attorney fees:
Attorney fees are separate and are reviewed by the court for reasonableness. Most Texas probate attorneys bill flat fees for uncontested independent administrations ($2,500-$6,000) or hourly for complex matters.
Multiple co-executors:
When multiple executors serve, the 5% maximum applies to the total compensation; the court apportions it among them based on services rendered.
Statute: Tex. Estates Code § 352.002
Bond is required by default, but most Texas wills waive the bond requirement for independent executors. When the will is silent, the court typically requires a bond unless all distributees consent or the estate qualifies for an exception.
Statute: Tex. Estates Code §§ 305.101, 401.005
Texas has no state estate tax or inheritance tax. Only the federal estate tax applies, and for 2026 the exemption is $15 million per individual / $30 million per married couple under the One Big Beautiful Bill Act (OBBBA), enacted July 2025.
Texas is a community property state. The surviving spouse automatically owns one-half of all community property; the decedent can only dispose of his or her half by will. Texas has no elective share but provides a homestead right, exempt personal property set-aside, and family allowance under Tex. Estates Code §§ 353.051-353.107.
Texas operates the Medicaid Estate Recovery Program (MERP) and recovers only from probate assets of recipients 55+ who received long-term care benefits. Texas is one of the more recipient-friendly states: MERP will not pursue recovery if the estate is under $10,000, the Medicaid claim is under $3,000, or recovery would cause undue hardship. Non-probate assets (trusts, TOD/POD accounts) are not pursued.
The full Texas executor checklist has 25 milestones: 11 specific to Texas law (shown below — filings, forms, and court interactions tied to Texas statutes) and 14 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Locate and review the will
Search for the decedent's original will and any codicils. In Texas, the will must be filed with the county clerk within four years of the date of death, or the estate may need to proceed under a muniment of title or intestate administration. Also check for any separate written instructions regarding burial or asset distribution.
Determine administration type and file application
Texas offers several probate options: Independent Administration (most common and preferred, requires less court oversight), Dependent Administration (court-supervised, used when the will does not authorize independent administration and heirs cannot agree), Muniment of Title (simplified process when there are no unpaid debts other than secured debts on real property), and Small Estate Affidavit (see the small-estate threshold above for current limits). File the appropriate Application to Probate Will or Application for Letters of Administration with the county probate court or constitutional county court.
Post citation and attend hearing
After filing, the court clerk will post a citation at the courthouse for at least ten days before the hearing. For independent administration, the hearing is typically brief. The court will verify the will's validity, confirm the executor's qualifications, and determine whether independent or dependent administration is appropriate.
Publish notice to creditors
For independent administration, the executor must publish a Notice to Creditors in a newspaper of general circulation in the county where the Letters were issued within one month of receiving Letters Testamentary or Letters of Administration. Creditors have four months from the date of publication to present their claims.
Open an estate bank account
Obtain an EIN from the IRS using Form SS-4 and open a bank account in the name of the estate. All estate income and expenses should be processed through this account. This is especially important for independent administration where the executor acts without ongoing court oversight.
File inventory, appraisement, and list of claims
File a sworn Inventory, Appraisement, and List of Claims with the court within 90 days of qualification as executor or administrator. The inventory must list all estate assets with their fair market values as of the date of death. Under independent administration, the inventory may be provided to beneficiaries instead of filed with the court if all beneficiaries agree.
Review and pay valid creditor claims
Review all claims presented by creditors. The executor may allow or reject claims. Rejected claims must be contested by the creditor in court within 90 days. Pay valid claims from estate funds according to Texas Estates Code priority rules (funeral expenses, administration costs, secured claims, and unsecured claims).
Distribute specific bequests
Distribute specific gifts and bequests as directed by the will. Obtain signed receipts from each beneficiary. Under independent administration, court approval is not required for distributions. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.
Distribute residuary estate to beneficiaries
After all debts, taxes, administration expenses, and specific bequests have been paid, distribute the remaining estate assets to the residuary beneficiaries. Under independent administration, distributions are made without court approval. Under dependent administration, court permission must be obtained before each distribution.
File final accounting with the court (if dependent administration)
Under dependent administration, the executor must file a detailed accounting of all estate transactions with the court before closing the estate. Under independent administration, a formal court accounting is generally not required, but the executor should provide a final accounting to all beneficiaries and maintain detailed records.
Close the estate
Under independent administration, the estate is considered closed when all debts are paid and assets are distributed; no formal court order is typically required, though filing a closing report or affidavit is advisable. Under dependent administration, the executor must petition the court for discharge and obtain a court order closing the estate.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Texas Department of State Health Services or the county clerk. These are required by financial institutions, the probate court, insurers, and various government agencies.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Receive Letters Testamentary or Letters of Administration
After the court admits the will to probate and appoints the executor, obtain Letters Testamentary (if there is a will) or Letters of Administration (if intestate). The executor must take an oath and may need to post a bond unless waived by the will. Obtain multiple certified copies for use with banks, title companies, and other institutions.
Notify the Social Security Administration
Report the death to the Social Security Administration by calling 1-800-772-1213 if the funeral home has not already done so. Any Social Security payments received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Notify financial institutions
Send certified copies of the death certificate and Letters Testamentary or Letters of Administration to all banks, investment firms, retirement account custodians, and insurance companies. Request date-of-death account valuations. Texas is a community property state, so carefully distinguish between community property and separate property assets.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File final personal income tax return (Form 1040)
File the decedent's final federal income tax return (Form 1040) covering January 1 through the date of death. Texas has no state income tax, so no state income tax return is required. If the decedent was married, the surviving spouse may elect to file jointly for the year of death.
File estate income tax return (Form 1041) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041. Since Texas does not impose a state income tax, no state-level fiduciary return is required. The estate may choose a fiscal year ending in any month within 12 months of the date of death.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of the date of death. Texas does not impose a separate state estate or inheritance tax. Even if no federal tax is owed, Form 706 may be filed to elect portability of the deceased spouse's unused exclusion amount.
Close the estate bank account
After all distributions are complete and all checks have cleared, close the estate bank account. Ensure the final balance is zero or has been distributed to the appropriate beneficiary. Retain all bank records and estate financial documents for a minimum of five years.
If a non-resident decedent owned Texas real estate, an ancillary probate (often via muniment of title) must be opened in the Texas county where the property is located. A certified copy of the out-of-state will and probate order is required.
An independent administration with a clean will typically closes in 6-12 months. Muniment of title can be done in 30-60 days. Dependent administrations and contested estates can run 18+ months.
Filing fees run roughly $360-$500 depending on county. Most uncontested independent administrations cost $2,500-$6,000 in attorney fees plus statutory executor commission of up to 5% of cash receipts and disbursements.
The Small Estate Affidavit is available when the decedent died intestate and non-exempt assets total $75,000 or less (excluding the homestead and other exempt property). At least 30 days must have passed since death.
Most Texas probate courts require an attorney for full administration because the executor is deemed to represent the interests of beneficiaries. Some counties allow pro se filings for muniment of title and small estate affidavits, but practices vary.
Yes. Texas allows revocable living trusts, joint tenancy with right of survivorship, community property with right of survivorship, Transfer on Death deeds (Estates Code Ch. 114), POD/TOD accounts, and beneficiary designations. Muniment of title is a Texas-specific 'quick probate' when there are no debts.
Tex. Estates Code § 256.003 gives 4 years from the date of death to file a will for probate. After 4 years, the will generally cannot be admitted to probate unless the applicant proves they were 'not in default' for the delay.
No. Texas has no state estate tax or inheritance tax. Only the federal estate tax applies, and for 2026 the exemption is $15 million per individual / $30 million per married couple.
Yes. Texas enacted the Real Property Transfer on Death Act in 2015 (Tex. Estates Code Ch. 114). A properly executed and recorded TOD deed lets real estate pass outside probate to the named beneficiary.
This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Texas probate attorney.