Texas Probate, Without the Runaround
Probate is the legal process for handling someone’s estate after they pass — paying debts, transferring property, and getting assets to the people who should receive them. In Texas, it’s more streamlined than in many states, but “streamlined” still means a court process, deadlines, and paperwork that’s easy to get wrong.
Does Every Texas Estate Need Probate?
No. Some assets transfer outside of probate entirely — life insurance with a named beneficiary, retirement accounts, jointly owned property with right of survivorship, and assets held in a living trust. If everything the person owned passes that way, you may not need probate at all.
Probate is required when there are assets titled solely in the deceased person’s name — a house, a vehicle, a bank account without a payable-on-death designation — that need to be legally retitled to the heirs.
The Types of Texas Probate
Independent Administration
This is Texas’s signature offering — and it’s why probate here is generally easier than in most states. If the will allows for it (most modern Texas wills do) or all the heirs agree, the executor can administer the estate with minimal court supervision. No annual accountings, no court approval for each transaction. We file the will, get the executor appointed, and then most of the work happens outside the courthouse.
Dependent Administration
When independent administration isn’t available — often because heirs don’t agree — the court supervises more closely. Each significant transaction needs approval. It’s slower and more expensive, but sometimes it’s the right tool for the situation.
Muniment of Title
If the only thing the estate needs is to transfer real estate or certain other titled assets, and there are no debts other than the mortgage, Texas offers this shortcut. The will gets admitted as proof of title, and that’s essentially the whole process. Quick, simple, much cheaper than a full administration.
Small Estate Affidavit
For estates with very limited assets and no will, Texas allows a small estate affidavit instead of formal probate. There are specific dollar limits and conditions, but where it fits, it’s far simpler than the alternatives.
When There's No Will
If a person dies without a will in Texas (intestate), the Texas Estates Code dictates who inherits — and it isn’t always who the deceased would have wanted. Surviving spouses don’t automatically inherit everything, especially when children from a prior relationship are involved. The result is often a more expensive, more contested process.
Contested Probate
Sometimes a will is challenged — undue influence, lack of capacity, improper execution, a more recent will that didn’t get filed. Sometimes family members fight over distributions or the executor’s conduct. These cases are different from typical probate and require a different kind of preparation.
How We Work
Most probate matters can be quoted on a flat fee. We’ll tell you upfront what’s needed, what it costs, and how long it should take. If something unexpected comes up, we talk about it — we don’t just keep billing.
Book Your Free Case Evaluation
A real call with a real human. No pressure, no pitch — just a warm conversation about where you are and how we can help. We’ll listen first.
