Probate · Texas
Probate in Texas
A plain-language overview of how probate works in Texas, with thresholds, timelines, and the order of operations.
In Texas, probate is filed at the Statutory Probate Court in the county where the deceased lived. Estates under $75,000 in sole-name assets can often use a small estate affidavit under Estates Code § 205. A typical case closes in about 10 months once filed.
Quick facts
| Court | Statutory Probate Court |
|---|---|
| Governing statute | Estates Code § 205 |
| Small estate threshold | $75,000 |
| Typical timeline | 10 months |
Figures are general references and may change. Verify with the Statutory Probate Court for your county before filing.
Step by step
Confirm probate is needed
Probate is typically required for assets in the deceased's sole name above $75,000 in Texas. Joint property, beneficiary accounts, and living-trust assets bypass probate.
Locate the will
Search the home safe, attorney files, and safe deposit box. If no will exists, the estate passes under intestate succession.
File at the Statutory Probate Court
Open the estate in the county where your relative lived. The court reviews the petition under Estates Code § 205.
Notify heirs and creditors
Texas requires written notice to known heirs and published notice to creditors. The creditor period typically runs several months.
Inventory and value assets
List real estate, accounts, vehicles, and personal property with date-of-death values. The court may require an appraisal.
Pay debts, taxes, and the final return
Settle valid creditor claims, file the final income tax return, and pay any estate tax that applies.
Distribute and close
After approval, distribute remaining assets to beneficiaries and file a final accounting. The court issues an order closing the estate.
Common questions
How long does probate take in Texas?
A straightforward estate in Texas typically closes in about 10 months. Contested estates or those with real property in multiple states can run a year or more.
What is the small estate threshold in Texas?
Estates with assets under $75,000 can often use a small estate affidavit under Estates Code § 205, which skips full probate. Real property rules vary.
Do I need a lawyer?
Many states allow you to file probate without an attorney, especially for small estates. Complex estates with real property, business interests, or disputes usually benefit from counsel.
What if there is no will?
Texas uses an intestate succession order, which distributes assets to the spouse, children, and other relatives in a set sequence.
Where do I file?
File at the Statutory Probate Court in the county where your relative lived at death.