Texas probate guide

Probate process in Texas

Texas probate is famously efficient because of independent administration, which can close an uncontested estate in 3-6 months with minimal court supervision. Filing fees range from $250 to $450 by county. The small-estate affidavit covers estates of $75,000 or less (excluding homestead and exempt property) and there must be no will. Muniment of title (Tex. Est. Code Ch. 257) is a simplified will-only proceeding when there are no debts. Texas is a community-property state and recognizes transfer-on-death deeds under Tex. Est. Code § 114.051.

Texas probate at a glance

Court
Statutory Probate Court (urban counties) or County Court at Law
Typical timeline
12–26 weeks
Filing fee
$250–$450
Small-estate threshold
$75,000
TOD deed allowed?
Yes
Bond required by default?
No
Statute
Tex. Est. Code Ann. §§ 21.001 et seq.; Ch. 257 (muniment of title)

Source: www.txcourts.gov. Fees and thresholds change — verify with your county court before filing.

How Texas probate works, step by step

  1. 1File application for probate of will or independent administration
  2. 2Court holds prove-up hearing and admits will to probate
  3. 3Court issues letters testamentary; publish notice to creditors
  4. 4File inventory, appraisement, and list of claims within 90 days
  5. 5Distribute estate and file closing affidavit (no court approval required)

Probate by county in Texas

Filing fees, court contacts, and process detail for 12 Texas counties:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Texas probate attorney for advice specific to your situation.