Losing a loved one is tough enough without having to decipher a mountain of legal paperwork. If you’ve recently been named an executor or are trying to figure out how to handle a family member’s estate, you are probably feeling overwhelmed. You might be wondering how long this will take, what it will cost, or if you even need to go to court at all.
Here is the good news: Texas has one of the most efficient probate systems in the country. While other states can tie families up in court for years, Texas law offers a streamlined path called “Independent Administration.”
Probate is simply the legal process of validating a will – if there is one – and making sure assets get to the right people. It is also the formal way to settle any debts the estate might owe. As of February 2026, the laws here continue to favor getting families through this process quickly so you can move forward.
Disclaimer: I am a real estate professional, not an attorney. This article is for educational purposes and should not be taken as legal advice. Always consult a qualified Texas probate attorney for your specific situation.
When Is Probate Required in Texas?
Not every estate has to go through probate. It really comes down to how assets are titled. Think of probate as a bridge that moves ownership from the deceased person to the living beneficiaries. If there is already a mechanism in place to move that ownership automatically, you might skip the bridge.
However, probate becomes essential if the deceased owned assets solely in their name without a designated beneficiary. This is most common with real estate. Unless there is a Transfer on Death Deed or a specialized Lady Bird Deed recorded before death, the house is “stuck” in the deceased’s name. You cannot sell it or refinance it until a judge signs off on the transfer.
It is a similar story for financial accounts. If a bank account doesn’t have a POD (Payable on Death) or JTWROS (Joint Tenancy with Right of Survivorship) designation, the bank will freeze those funds until they see court papers. Even the Texas DMV will often require specific forms or probate orders to transfer a vehicle title.
4 Main Types of Probate Procedures in Texas
If you determine that probate is necessary, you have a few different routes you can take. Your attorney will help you pick the right one, but it helps to know the menu options.
- Independent Administration This is the gold standard in Texas. It is the most common method because it is efficient. Once the executor is appointed at the initial hearing, they can handle almost everything – paying bills, selling the house, distributing assets – without asking the judge for permission at every step. This saves a massive amount of time and legal fees.
- Dependent Administration This is the stricter, more expensive route. It is usually required if there is fighting among heirs or if the estate has significant debt issues. In this scenario, the court watches over everything. You want to sell the car? You need a hearing. You want to pay a credit card bill? You need a judge’s signature. It is slower and costs more, but it offers high protection.
- Muniment of Title Think of this as “Probate Lite.” This procedure validates the will to transfer property titles but does not appoint an executor. It is useful if the only thing you need to do is transfer the house and there are no unsecured debts (like credit cards or medical bills) to worry about.
- Small Estate Affidavit (SEA) This is for estates valued under $75,000 (not counting the homestead) where there is no will. It can be a good tool for unlocking small bank accounts. However, be careful with real estate here. While an SEA can legally transfer a homestead to a surviving spouse or minor children, many title companies and some counties are reluctant to accept them for selling property during probate later on.
Texas Probate Timeline: How Long Does It Take in 2026?
This is the most common question I hear: “How long until we can close this out?” The honest answer is that it’s a “hurry up and wait” situation.
For a simple Independent Administration, you are typically looking at 4 to 8 months from filing to closing the estate. If you qualify for Muniment of Title, it might be faster – sometimes just 2 to 4 months.
However, if the case is contested or falls under Dependent Administration, timelines can stretch to 9 to 15 months or even years.
There are also mandatory waiting periods you cannot speed up:
- The Waiting Period: Once you file the application, there is a mandatory wait of about 10 to 14 days before the hearing can occur.
- Creditor Notice: The estate generally needs to stay open long enough to give creditors a chance to file claims. Most attorneys recommend keeping it open for at least 4 months to be safe.
For most families, planning on a 6-month timeline from filing to final distribution is a realistic, safe bet.
Cost of Probate in Texas: Fees and Expenses
While Texas is efficient, probate is not free. Costs can vary depending on where you are located – filing in Harris County might have slightly different fees than in Travis or Dallas County – but the buckets of expenses are usually the same.
Court Filing Fees You will pay these fees to the County Clerk to start the case. In 2026, you can expect to pay roughly $360 to $500 just to get the application filed.
Attorney Fees Texas law effectively requires you to have an attorney for most probate types because an executor represents the interests of others (heirs and creditors). For a straightforward, uncontested Independent Administration, many attorneys charge flat fees ranging from $2,500 to $5,000. If the family fights or the will is contested, lawyers switch to hourly billing, and costs can skyrocket.
Executor Compensation Being an executor is a job, and Texas law allows you to be paid for it. The standard statutory fee is 5% of funds received and 5% of funds paid out by the estate. This calculation excludes cash already on hand at the time of death and assets that go directly to beneficiaries (like life insurance).
Bond Costs Most well-drafted wills waive the requirement for a bond. However, if there is no will or the judge requires it, you may have to buy a surety bond to protect the beneficiaries. The cost is usually a percentage of the estate’s value.
The Texas Probate Process: 7 Steps to Settle an Estate
If you go the Independent Administration route, here is the roadmap you will follow.
- Step 1: File the Application Your attorney submits the will (if there is one) and an application for probate to the county clerk.
- Step 2: The Posting Period The county clerk posts a notice at the courthouse for roughly 10 days. This is a public announcement so that anyone who might contest the will has a chance to see it.
- Step 3: The Hearing This is your day in court. The executor appears before a judge (often a quick, friendly interaction in Texas) to “prove up” the will. The judge validates the will and officially appoints the executor.
- Step 4: Letters Testamentary Once appointed, the executor takes an oath. The clerk then issues “Letters Testamentary.” These are the golden tickets – official certified documents proving you have the legal authority to act on behalf of the estate.
- Step 5: Notice to Creditors You must publish a notice in a local newspaper – yes, this is still mandatory – to alert unknown creditors. You also need to send certified letters to secured creditors, like the mortgage lender.
- Step 6: Inventory & Appraisement Within 90 days of being appointed, you must file an inventory of the estate’s assets with the court. In some privacy-minded cases, you can file an “Affidavit in Lieu of Inventory” so the exact assets don’t become public record.
- Step 7: Pay Debts and Distribute Once the debts are verified and paid, and final tax returns are filed, you can distribute what’s left to the beneficiaries.
Selling Real Estate During Probate
For many families, the house is the biggest asset. Selling it is often the main goal. This is where the type of probate really matters.
If you have Independent Administration, selling the house is very similar to a standard real estate transaction. As the executor, you can list the property, negotiate offers, and sign the deed at closing. You do not need the judge to approve the sale price or the buyer. You just need your Letters Testamentary to show the title company you have the power to sell.
If you are stuck in Dependent Administration, it is much harder. You have to ask the court for permission to list the house. Then, once you get an offer, you have to take that contract back to the judge for approval. This adds weeks or months to the process and can scare off traditional buyers who don’t want to wait.
If you need to move quickly, some families look for cash home buyers in Texas who are experienced in dealing with probate timelines and can be flexible while you wait for court approval.
Frequently Asked Questions About Texas Probate
Do all estates have to go through probate in Texas?
No. If the deceased had a Living Trust, or if all assets had beneficiary designations (like Transfer on Death Deeds for real estate or PODs for bank accounts), you might avoid probate entirely. However, if there are assets “stuck” in the deceased’s name, probate is usually the only way to release them.
What happens if someone dies without a will in Texas?
When there is no will, the estate is “intestate.” Texas law dictates who gets what based on family relationships. You generally have to go through an “Heirship Proceeding,” which is more expensive and complex because the court has to hire a second attorney (called an Attorney Ad Litem) to search for unknown heirs.
Can I probate a will without a lawyer in Texas?
Generally, no. Texas courts almost always require executors to be represented by an attorney. This is because an executor is a fiduciary representing the interests of third parties (creditors and beneficiaries), and pro se (self-represented) litigants generally cannot represent others in court.
How long do you have to file probate after death in Texas?
The statute of limitations to probate a will in Texas is 4 years from the date of death. After 4 years, it becomes much more difficult to probate a will, often limiting you to transferring title only as a Muniment of Title.
Does a spouse automatically inherit everything in Texas?
Not necessarily. Texas is a community property state, but if the deceased had children from a previous relationship (step-children to the surviving spouse), the surviving spouse may not inherit the deceased’s share of the community property. It can get complicated, which is why alternatives to full probate like a Small Estate Affidavit aren’t always sufficient for blended families.
