Texas Probate Guide

File Probate in Texas Yourself

Texas Independent Administration means minimal court involvement after appointment. No state income tax. No estate tax. The most executor-friendly process in the country.

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Texas attorneys charge $3,000–$8,000+ to file probate. Court fees are only $250–$400.
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Texas Probate at a Glance

Texas probate is handled by the County Court (or dedicated Probate Court in large counties) in the county where the deceased lived. Texas's Independent Administration framework gives executors broad authority with minimal court oversight — making Texas one of the most streamlined probate systems in the country for self-represented executors.

Small Estate Affidavit
≤ $75,000 excl. homestead; wait 30 days
Probate Court
County Court or dedicated Probate Court
Creditor Notice Period
4 months from first publication
Typical Filing Fee
$250–$400
TX Estate Tax
None
TX Income Tax
None
Inventory Due
Within 90 days of appointment
Filing Deadline
Within 4 years of death

Four Paths — Which One Applies?

Small Estate Affidavit

Estate ≤ $75,000 (excl. homestead). Wait 30 days. Present affidavit to institutions. No court required.

Muniment of Title

Will exists + no unsecured debts (except mortgage). Real property transfers via court order. No executor appointed.

Affidavit of Heirship

No Will + real property only. Two witnesses sign affidavit recorded in deed records. No court required.

Independent Administration

Full probate with minimal court supervision. Executor manages estate after Inventory — no court approval needed for most actions.

4-year deadline: Texas requires probate to be filed within 4 years of the date of death to qualify for Independent Administration. After 4 years, only dependent (court-supervised) administration is available. If you know probate is needed, file promptly.

The 14 Steps of Texas Probate

  1. Determine if probate is required — Small Estate Affidavit, Muniment of Title, Affidavit of Heirship, or full probate?
  2. Organize essential information — community vs. separate property; dedicated email; tracking spreadsheet
  3. Handle household bills & memberships — cancel services; notify county appraisal district if ag property
  4. Notify government agencies — Social Security, Texas TRS or ERS, VA
  5. Obtain death certificates & the Will — get 5–7 certified copies; note the 4-year filing deadline
  6. Apply for an Estate EIN — IRS.gov, instant online, free
  7. Open an estate bank account — separate community property half from estate assets
  8. Appraise real estate & personal property — full stepped-up basis on all community property
  9. File the probate application — County Court; confirm Independent Administration authority
  10. Notify creditors & file Inventory — publish 2 weeks; send certified mail to secured creditors; file Inventory within 90 days
  11. Manage & distribute assets — after 4-month creditor period; no court approval needed
  12. File taxes — final 1040 only; no Texas state returns; note stepped-up basis benefit
  13. Close the estate — Independent Executor's Closing Report; no hearing required
  14. Court forms guide — TexasLawHelp.org forms with field-by-field instructions

What Makes Texas Probate Different

Independent Administration — Minimal Court Involvement

This is the defining feature of Texas probate. If the Will authorizes Independent Administration (most Texas Wills do) — or if all beneficiaries and heirs agree in writing — you are appointed as Independent Executor. After filing the Inventory, you can pay debts, sell property, and distribute assets without returning to court for approval on most actions. The estate closes with a simple sworn Closing Report — no hearing required.

Compare this to California, where court appearances are required at both the opening and closing hearings. Texas Independent Administration is significantly more efficient.

Community Property — Know What's Actually in the Estate

Texas is a community property state. The surviving spouse already owns half of all property acquired during the marriage — that half is not part of the estate. Only the deceased's half of community property, plus any separate property (owned before marriage or received by gift/inheritance), goes through probate.

Bonus: when a Texas spouse dies, both halves of community property receive a full stepped-up basis to date-of-death fair market value. Beneficiaries who sell inherited community property often owe little or no capital gains tax — a major financial advantage.

Muniment of Title — Fastest Path for Real Estate

If there is a valid Will and no unsecured debts (other than a mortgage on real property), Texas allows the Will to be admitted to probate as a Muniment of Title. No executor is appointed. The court order itself is the instrument used to transfer real property title. This is the most efficient Texas path when the estate is primarily real estate with a mortgage.

Agricultural property: Texas has more ranch and agricultural land than any other state. If the deceased held a Texas agricultural (ag) use valuation exemption, notify the county appraisal district immediately after death. Loss of the exemption can significantly increase property tax obligations on the estate.

Frequently Asked Questions

What is Texas Independent Administration?
Texas's most important probate feature. If the Will authorizes it (or all heirs agree), the executor is appointed as Independent Executor and can manage and distribute the estate after filing the Inventory — without returning to court for approval on most actions. The estate closes with a simple sworn Closing Report. No final hearing required. This is one of the most executor-friendly frameworks in the country.
What is Muniment of Title in Texas?
A Texas-unique procedure that admits the Will to probate without appointing an executor. Available when there are no unsecured debts except liens on real property (such as a mortgage). The court order transfers real property title directly. It's the fastest and cheapest Texas probate path for estates that are primarily real estate with a mortgage.
How does community property affect Texas probate?
The surviving spouse already owns half of all community property — that half never enters probate. Only the deceased's half of community property plus separate property goes through the estate. Additionally, both halves of community property receive a full stepped-up basis to date-of-death fair market value, which can significantly reduce capital gains tax for beneficiaries who sell inherited property.
Does Texas have an estate tax or income tax?
No to both. Texas has no state estate tax and no state income tax. The estate only needs to file federal returns: Form 1040 (final income) and Form 1041 (estate income, if the estate earns income after death).
How long do I have to file probate in Texas?
4 years from the date of death to qualify for Independent Administration (TEC §256.003). After 4 years, only dependent (court-supervised) administration is available — significantly more complex and expensive. If you know probate is needed, don't wait.
Where do I file probate in Texas?
In the county court where the deceased was domiciled. Harris County (Houston), Dallas County, Bexar County (San Antonio), Tarrant County (Fort Worth), and Travis County (Austin) all have dedicated Probate Courts. Smaller counties use the County Court at Law or Constitutional County Court. Forms are available at TexasLawHelp.org.

Ready to File Texas Probate Yourself?

14 steps · Progress-tracking checklists · TexasLawHelp.org forms with instructions · Letter templates · Estate accounting tracker

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