Settling a Texas estate, step by step.

First 30 days

• Locate the original will — check home safes, safe deposit boxes, and the attorney who drafted it
• Order 8–12 certified death certificates through the funeral home or the Texas Department of State Health Services Vital Statistics Unit
• Secure physical assets — home, vehicles, valuables — and change locks if the residence will sit empty
• Notify banks, credit card companies, and the Social Security Administration (SSA typically learns of the death from the funeral home, but a follow-up call confirms the account is flagged)
• Begin a simple inventory of assets and liabilities, with approximate date-of-death values
• Cancel subscriptions, utilities, and accounts in the deceased's name — retain records for the estate file

Independent vs. dependent administration

Texas is unusually family-friendly on probate because of a procedure called independent administration. Under Texas Estates Code Chapters 401–405, the personal representative can post an inventory, pay debts, and distribute assets with minimal ongoing court supervision — no bond, no court approval of routine expenditures, no annual accounting. Most well-drafted Texas wills request independent administration expressly, and when they do, the court will almost always grant it. Even without will language, all heirs can agree in writing to independent administration under § 401.003.

Dependent administration is the default when the will is silent and the heirs cannot agree, or when the court finds ongoing supervision necessary (for example, minor beneficiaries or hostile parties). Dependent administrators must post bond, seek court approval for most actions, and file periodic accountings. It is safer for beneficiaries in contested estates but noticeably slower and more expensive.

How to file for probate (Texas Estates Code Chapter 401)

Probate is filed in the statutory probate court or county court at law of the county where the decedent resided at death. In Dallas County that is the Probate Courts on Elm Street; in Collin County, the Collin County Probate Court in McKinney; in Tarrant County, the County Probate Court in Fort Worth. The general sequence is:

1. File an Application for Probate of Will and Issuance of Letters Testamentary (or, if there is no will, an Application for Determination of Heirship and Independent Administration) together with the original will and a certified death certificate.
2. Wait the statutory posting period — typically 10 days after the clerk posts notice on the courthouse bulletin board.
3. Attend a brief prove-up hearing at which the applicant testifies to the decedent's identity, date of death, residency, and the will's validity.
4. After the judge signs the order admitting the will and appointing the executor, obtain Letters Testamentary from the clerk. These are the credentials banks and title companies will ask to see.
5. Publish notice to unknown creditors and mail notice to secured creditors within the deadlines set by §§ 308.051–308.054.
6. File an inventory, appraisement, and list of claims — or, when eligible, an affidavit in lieu of inventory under § 309.056 — within 90 days of qualification.

Muniment of title (Estates Code § 257)

When the decedent left a valid will, there are no unpaid debts other than those secured by real property, and no need for ongoing administration, Texas offers a streamlined proceeding called muniment of title. The court admits the will as a "muniment" — a document of title — without appointing an executor at all. This is especially common when the only significant asset is a homestead passing to the surviving spouse or adult children. Muniment cases often close within a few weeks and cost noticeably less in attorney fees than full independent administration.

Small-estate affidavit ($75,000 limit)

If the decedent died without a will, the total probate estate (excluding the homestead and exempt property) is $75,000 or less, and at least 30 days have passed since death, the heirs may use a Small Estate Affidavit under Estates Code Chapter 205. All distributees sign, two disinterested witnesses swear to the family history, and the judge approves the affidavit without appointing an administrator. Banks and the Texas DMV will accept a certified copy to release accounts and transfer vehicle titles. The small-estate affidavit does not convey title to real estate other than a homestead passing to a surviving spouse or minor child.

Assets that bypass probate

• Joint accounts with right of survivorship
• Payable-on-death (POD) and transfer-on-death (TOD) bank and brokerage accounts
• Life insurance with named beneficiaries
• Retirement accounts (IRA, 401(k), 403(b)) with named beneficiaries
• Assets titled in a living (revocable) trust
• Real property transferred by a recorded Transfer on Death Deed under Estates Code Chapter 114

Timeline expectations

A clean muniment of title can close in 30–60 days. Straightforward independent administrations typically run 4–9 months from filing to final distribution, driven mostly by the four-month creditor claim window and the time needed to liquidate or retitle assets. Estates with contested wills, out-of-state real property, business interests, or federal estate-tax filings can run 12 months or longer. Small-estate affidavits are usually approved within a few weeks of filing once the judge is satisfied with the family-history recitals.

Executor's duties and creditor claims

Whether independent or dependent, an executor owes a fiduciary duty to the beneficiaries: notify creditors, pay valid debts from estate funds, file the decedent's final income tax return (Form 1040) and any required estate income tax return (Form 1041), distribute remaining assets according to the will or the intestacy statute, and keep careful contemporaneous records. Unsecured creditors generally have four months from the date of published notice to present claims (Estates Code § 308.054); untimely claims are barred. Texas executors are entitled to reasonable compensation under Estates Code § 352.002 — a common statutory formula is 5% of amounts received and paid out, subject to court adjustment.

When to call a probate attorney

Every estate — even a "simple" one — benefits from at least a consultation with a Texas probate attorney. Call one promptly if any of the following apply: real estate in more than one county or state, a family-owned business, blended families or disinherited heirs, a will that predates a divorce or a subsequent marriage, minor or incapacitated beneficiaries, a total estate approaching the federal estate-tax exemption, or any hint of a will contest. The Dallas Bar Association, Collin County Bar Association, and Tarrant County Bar Association all operate lawyer referral services that can connect you with a probate practitioner for a modest consultation fee.