Texas probate is administered by county courts under the Texas Estates Code (TEC). Large counties (Harris, Dallas, Tarrant, Bexar, Travis) have dedicated Probate Courts; smaller counties use the County Court at Law or Constitutional County Court. The defining feature of Texas probate is Independent Administration (TEC §401.001) — once the court appoints you, you manage the estate with minimal court involvement. There are no annual accounts, no court approval for most transactions, and closing is accomplished by filing a sworn Closing Report rather than attending a hearing.
Texas Probate Deadline Table
| Deadline | Trigger / Timing | Statutory Reference |
|---|---|---|
| File Application for Probate (County Court) | As soon as practical — must file within 4 years of death for independent administration | TEC §256.003 |
| Deliver original will to county clerk | Within 4 years of death (or upon learning of death if you have custody) | TEC §252.201 |
| Brief court hearing to admit will to probate | Scheduled by court after filing; typically 1–3 weeks after application | TEC §256.152 |
| File Oath of Independent Executor | After Order Appointing Independent Executor is signed | TEC §404.005 |
| Publish Notice to Creditors (2 consecutive weeks) |
Promptly after appointment; starts 4-month creditor claim period | TEC §308.051 |
| Send notice to secured creditors (certified mail) | Within 60 days of appointment | TEC §308.054 |
| File Inventory, Appraisement and List of Claims | Within 90 days of appointment | TEC §309.051 |
| Creditor claim deadline | 4 months after date of first publication of Notice to Creditors | TEC §308.051 |
| File deceased's final federal Form 1040 | April 15 of the year following death (or extension) | IRS |
| File federal Form 1041 (estate income, if applicable) | April 15 (calendar year estates); no Texas state return required | IRS |
| File Independent Executor's Closing Report | After all debts paid, taxes filed, and assets fully distributed | TEC §405.003 |
Phase-by-Phase Summary
Phase 1 — Opening (Weeks 1–3): Gather the original will, order 5–7 certified death certificates from Texas DSHS Vital Statistics. File Application for Probate of Will and Issuance of Letters Testamentary with the county court. Attend the brief court hearing (usually 1–3 weeks after filing). Receive Order Admitting Will to Probate; file Oath of Independent Executor. Obtain Letters Testamentary — request 3+ certified copies. Filing fee is $250–$400 depending on county.
Phase 2 — Notice and EIN (Weeks 2–6): Apply for the estate's EIN at irs.gov (immediate, free). Open an estate checking account using the Letters and EIN. Publish Notice to Creditors in a newspaper of general circulation in the county for 2 consecutive weeks — the first publication date starts the 4-month creditor clock. Send certified mail notice to all secured creditors (mortgage lenders, auto lenders) within 60 days of appointment. Send direct notice to known unsecured creditors.
Phase 3 — Inventory (Weeks 3–12): Obtain a "date of death" real estate appraisal from a licensed Texas appraiser. Prepare the Inventory, Appraisement and List of Claims. File with the county court within 90 days of appointment. Alternatively, if all beneficiaries consent in writing, file an Affidavit in Lieu of Inventory under TEC §309.056 to keep asset details out of the public record.
Phase 4 — Claims and Taxes (Months 2–7): Wait for the 4-month creditor claim period to expire from the date of first publication. Review all claims — pay valid claims from the estate account; reject invalid claims in writing. File the deceased's final federal Form 1040 by April 15. File federal Form 1041 if the estate earns income (interest, rent, dividends). No Texas state income tax return is required — Texas has no state income tax.
Phase 5 — Distribution (Month 5+): Distribute assets per the will or Texas intestacy law (TEC Chapter 201). Remember: the surviving spouse's half of community property was never part of the probate estate — transfer that directly. Obtain signed distribution receipts from all beneficiaries. Transfer real estate via Deed of Distribution recorded at the county deed records. Transfer vehicles at TxDMV using Letters Testamentary and death certificate.
Phase 6 — Closing (Month 6+): Once all debts are paid, taxes filed, and assets distributed, file the Independent Executor's Closing Report with the county court (TEC §405.003). The report is a sworn statement — no hearing is required. The estate is closed upon filing. Close the estate bank account. Retain records for at least 5 years.
- No Texas income tax — no final state income tax return required for the deceased or the estate
- No Texas estate tax — no state estate tax return required regardless of estate size
- No Texas inheritance tax
- Federal Form 1040 — deceased's final federal return; due April 15
- Federal Form 1041 — required if estate earns gross income over $600 during administration; due April 15
- Federal Form 706 — required only if gross estate exceeds $13.61 million (2024); due 9 months from death
Typical Texas Probate Timeline
Minimum: ~5–7 months (4-month creditor period from first publication, plus time to prepare Inventory, collect assets, pay debts, and file the Closing Report). Texas Independent Administration is designed to be efficient.
Typical: 7–10 months for a standard Texas estate with real estate and bank accounts.
Extended: 10–18+ months for estates involving:
- Real estate that must be sold (listing, marketing, closing — typically 3–6 months)
- Agricultural or ranch land requiring specialized appraisal
- Business interests requiring professional business valuation
- Disputes among beneficiaries about community vs. separate property characterization
- Complex federal estate tax (Form 706) preparation for large estates
- IRS examination of the final Form 1040 or Form 1041
The 4-Year Deadline: What Happens If You Miss It?
Under TEC §256.003, an application to probate a will as a muniment of title or to appoint an executor with Independent Administration authority must be filed within 4 years of the date of death. Missing this deadline doesn't eliminate all options, but it significantly limits them:
- The will can still be admitted to probate after 4 years, but only if the applicant was not in default
- Independent Administration (the preferred, court-minimal path) is no longer available
- Only dependent (court-supervised) administration is available — requiring court approval for most transactions
- An Affidavit of Heirship may still be available for real property in some circumstances