Probate in Texas
Which court, what it costs to file, how long it usually takes, and whether a smaller estate can skip the formal process.
Last updated May 11, 2026. Sources are linked at the bottom of the page.
What probate actually is
Probate is the court process that gives someone legal authority to collect the person's assets, pay their debts, and hand what is left to the heirs. Not everything goes through it: accounts with a named beneficiary, jointly owned property, and assets held in a living trust usually pass outside probate. What is left, property titled only in the deceased person's name with no beneficiary, is what probate deals with.
A will is not required for probate in Texas. If there is no will, the court still appoints someone to settle the estate and state law decides who inherits. See when there is no will in Texas.
The basics in Texas
| Court that handles probate | Texas Statutory Probate Courts (urban counties) or County Courts at Law (other counties) |
|---|---|
| Find your court | txcourts.gov/courts/probate-courts |
| Court forms | texaslawhelp.org/wills-estates-probate |
| Filing fee range | approx $300–$450 typical; varies by county |
| Typical timeline | Independent administration: 6–12 months. Muniment of title: weeks. |
| What the estate's representative is called | Independent Executor / Administrator |
| Can you do it without a lawyer? | Limited. Texas courts generally require an attorney to represent an estate; muniment of title is an exception in some counties. |
Small estates: the shortcut
Yes. Texas has a simplified procedure for smaller estates, called Small Estate Affidavit. It is faster and cheaper than formal probate, and many families can handle it without a lawyer.
| Who qualifies | Estate value (excluding homestead and exempt property) does not exceed $75,000. |
|---|---|
| Statute | Texas Estates Code §205.001 |
Deadlines to know
| Admitting the will to probate | Will must generally be admitted to probate within 4 years of death (Estates Code §256.003) |
|---|
When to get a lawyer
Plain situations with one heir and modest assets are often manageable alone. Get a probate attorney if there is real estate in more than one state, a business, a dispute among heirs, significant debt, or any question about whether the will is valid. One consultation early is cheaper than fixing a filing later. The state bar's referral service is linked below.
Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Texas.
More for Texas
- Death certificates
- When there is no will
- Cremation rules
- Estate taxes and life insurance
- All Texas topics
Primary sources
- Probate court directory: txcourts.gov/courts/probate-courts
- Court forms: texaslawhelp.org/wills-estates-probate
- State bar lawyer referral: texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service