Estate Settlement in Texas: A Complete Step-by-Step Guide for Executors

Texas Probate at a Glance

Step 1: Determine Your Probate Option

Texas offers several probate paths, and choosing the right one can save significant time and money. Your options depend on the estate's size, whether there's a valid will, and the nature of any debts.

• Small Estate Affidavit: For estates valued at $75,000 or less (excluding homestead and exempt property), heirs can file a small estate affidavit with the court to transfer assets without full probate.
• Muniment of Title: If there's a valid will and no unpaid unsecured debts, the will can be probated as a Muniment of Title. No executor is appointed and no formal administration is needed — the court simply validates the will to transfer title.
• Independent Administration: The most common option when a will exists. The executor operates with minimal court oversight, making this faster and less expensive than dependent administration.
• Dependent Administration: Required when the will doesn't authorize independent administration and heirs don't agree to it. Every significant action requires court approval.

Not sure if you need probate? Read our guide →

Step 2: File the Application for Probate

File an Application to Probate Will (or for Letters of Administration if there's no will) with the county court where the deceased lived. You'll need:

• The original will (if one exists)
• Certified death certificate
• Application for Probate
• Filing fee (varies by county, typically $250–$400)

Texas requires the will to be filed within 4 years of death. After that, the will generally cannot be admitted to probate, and the estate will be treated as if there was no will (intestate).

Step 3: Attend the Probate Hearing

The court will schedule a hearing, usually 2–3 weeks after filing. At the hearing, the judge will validate the will and appoint the executor. If approved, the court issues Letters Testamentary, your legal authority to act on behalf of the estate. Order multiple certified copies.

Step 4: Notify Creditors and Beneficiaries

In an independent administration, you must publish a notice to creditors in a local newspaper within one month of appointment. Creditors have 4 months from the date of your appointment to file claims. You must also provide written notice to all beneficiaries named in the will.

Step 5: Inventory and Appraise Assets

Within 90 days of appointment, you must file an Inventory, Appraisement, and List of Claims with the court. This includes all estate assets and their fair market values. In independent administration, you may file a verified affidavit in lieu of the inventory if all beneficiaries agree.

Step 6: Manage Estate Finances

Open an estate bank account and consolidate all estate funds. Pay valid creditor claims, ongoing expenses (mortgage, utilities, insurance), and file final tax returns. Since Texas has no state income tax, you only need to handle federal returns and, if applicable, the final federal estate tax return.

What happens to bank accounts when someone dies →

Step 7: Handle Community Property

Texas is a community property state, meaning most property acquired during the marriage belongs equally to both spouses. The surviving spouse automatically owns their half of community property — only the deceased's half passes through the estate. Separate property (inherited or owned before marriage) is treated differently and passes according to the will or intestacy laws.

How to handle a parent's house after death →

Step 8: Distribute Assets and Close the Estate

In an independent administration, you can distribute assets to beneficiaries without court approval once all debts are paid and the creditor claim period has expired. File a closing report or affidavit with the court to formally close the estate.

Texas Executor Compensation

Texas law entitles executors to a 5% commission on all amounts received and paid out by the estate, excluding amounts already distributed to beneficiaries. The will may specify a different fee arrangement. Many family executors choose to waive compensation.

Key Deadlines for Texas Executors

Frequently Asked Questions

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