Texas probate: A guide to probating a will in Texas

In some states, probate can be long and complicated. But the Texas probate process is efficient and straightforward, and can often be completed in just six months. The Lone Star State also offers ways to make the probate process even easier for its residents, based on the size of their estate or the types of assets they own.

What is probate?

Probate is the legal process of settling your estate after you pass away. This includes taking an inventory of your assets, paying your debts, and distributing your assets according to your last will and testament.

The probate process can vary from state to state. Texas offers multiple probate options, including simplified versions of probate for estates that meet certain requirements.  

Probating a will in Texas

Texas has its own probate laws, which are part of the Texas Estates Code. This code outlines the steps needed to probate a will in Texas.

If you’ve been chosen as the personal representative or executor of an estate (meaning you’ve been named in someone’s will to manage their estate), here are the steps to complete the Texas probate process:

1. Submit the will and file for probate. First, you’ll submit the will to the deceased’s county court and file a petition (or request) for probate. You’ll need to do this within four years of their death.
2. Post a public notice. The county clerk will then post a public notice announcing the petition. This gives potential heirs the chance to contest (or challenge) the will. They’ll typically leave this notice up for two weeks.
3. Verify the will. If no one challenges the will, the county court will confirm that it’s valid and officially give you the legal authority to act as executor and begin settling the estate.
4. Inventory assets. You’ll have 90 days to inventory the deceased’s assets and submit this information to the court. This includes determining their value and identifying any debt or taxes that may need to be paid.
5. Contact beneficiaries. At this point, you’ll notify the deceased’s beneficiaries. These are the people and organizations named in the will to receive estate assets. If no beneficiaries are listed, state law will determine who will inherit these assets.
6. Notify creditors. If the deceased had any debt, you’ll need to contact the creditors and give them a chance to file a claim.
7. Pay debts. You’ll use funds from the estate to pay all debts, bills, and required taxes.
8. Distribute assets. You’ll distribute all remaining assets to the beneficiaries.
9. Close the estate. Finally, you’ll attend a hearing and ask the court to close out the estate. This ends the probate process.

Simplified probate: Muniment of title

Some Texas estates qualify for a simplified version of probate called a “muniment of title.”

A muniment of title is a way to probate a will by transferring assets directly to beneficiaries, without having to go through the full administration process. It can take as little as 30 days to complete this type of probate, saving your loved ones time and effort. This process is only available in Texas, and generally works best for small, simple estates.

Your estate can only qualify for a muniment of title in Texas if it doesn’t require administration. This means that:

• You have a valid will
• You owe no debt, other than a mortgage
• You’ve never filed a claim for Medicaid benefits  

If there is any reason to administer the estate — for example, if there’s no valid will, if someone contests the will, or if you had debt, like credit card or hospital bills — then the estate must go through the full Texas probate process.

To get a muniment of title, an interested party (generally one of your beneficiaries) must submit an application to your county court within four years of your death. They’ll then attend a hearing, and a judge will review the request.

If approved, the court will issue a muniment of title document, which proves the beneficiaries now own the estate assets. If denied, the estate will need to go through the general Texas probate process.

What happens if you die without a will in Texas?

Dying without a valid will is known as “dying intestate.” An intestate estate still has to go through probate, but the process often takes longer.

If you die intestate, your county court will distribute your assets according to a set of arbitrary rules called intestate succession laws. These laws determine who should receive your assets, who will care for your minor children or pets, and how to pay any debts you left behind.

If you’re married, your spouse will inherit your entire estate when you pass away. But if you’re not married, or your spouse dies before you, the typical order of succession in Texas is as follows:

• Your children
• Your grandchildren
• Your parents
• Your siblings
• Your grandparents
• Your extended family, or “next of kin” (like nieces, nephews, aunts, uncles, cousins, etc)

Frequently asked questions

Does a will have to be probated in Texas?

Yes. If you have a valid will, it has to go through some version of probate. But there are ways to bypass the full Texas probate process, like:

• Muniment of title: If your estate meets certain criteria, it may be eligible for a muniment of title. In this case, assets transfer directly to beneficiaries.
• Out-of-court affidavit. If you die without a will and your total estate value is less than $75,000, your heirs may be able to file an out-of-court affidavit to transfer ownership of your assets. Your estate must meet specific requirements for an out-of-court affidavit, so it’s best to speak with an estate attorney to see if you qualify.

If you want your assets to avoid Texas probate altogether, you could:  

• Create a living trust. Property in a trust doesn’t have to go through probate. Instead, trust assets transfer directly to your beneficiaries.
• Jointly own property. If you own a home or other property with someone else and you’re both listed on the deed, the other person will become the sole owner when you pass away. This happens automatically and doesn’t require probate.  
• Name beneficiaries for your non-probate assets. Some assets, like life insurance policies and retirement accounts, let you name a beneficiary to receive the asset when you die. These assets transfer directly to your beneficiary without having to go through probate.
• Set up a POD or TOD account. Payable on death (POD) and transfer on death (TOD) accounts are bank or brokerage accounts in which you name someone to receive the contents of the account when you pass away. They transfer directly to your beneficiary after your passing — no probate necessary.

How long do I have to probate a will in Texas?

You must file for probate within four years of your loved one’s date of death.

What happens if you don’t probate a will in Texas?

While there’s no fine or penalty for failing to probate a will in Texas, there can be other consequences.

If you don’t file for probate in Texas within four years of the deceased’s death, their last will and testament could be deemed invalid and their estate could be treated as if they died intestate, or without a will. When this happens, the local court will distribute estate assets according to an arbitrary set of rules called intestate succession laws.

Can you probate a will in Texas without a lawyer?

Yes, but it’s not always recommended — and some Texas counties don’t allow a will to be probated without a lawyer.

If you plan to apply for a probate alternative (like a muniment of title or an out-of-court affidavit), you don’t need to hire an estate attorney. This is because these options don’t involve the full administration process.

Contact your local court to learn more about your options and your county’s probate requirements.

How long does probate take in Texas?

The timeline for Texas probate depends on the size and complexity of the estate. General administration for a simple estate can take as little as six months to complete, while a more complicated estate can take a year or more.

Other factors can affect how long probate takes in Texas, like if there is no valid will, or if an existing will is challenged.

Simplified versions of probate — including muniment of title and out-of-court affidavits — are much faster, and can take as little as 30 days to complete.

How much does it cost to file for probate in Texas?

The cost of probate in Texas is determined by state law, and can range from a couple hundred dollars to several thousand dollars. The exact cost depends on:  

• Whether or not there is a valid will
• The size of the estate
• The types of assets owned
• Whether you hire an estate attorney
• The type of probate process

Other common Texas probate fees include:

• Court costs (like filing fees or notification fees)
• Financial services (like hiring an accountant or appraiser)
• Executor fees (which are required by the Texas Estates Code, and can be up to 5% of the estate’s total value)
• Estate taxes (only for estates valued over the federal estate tax exemption of $12.92 million)
• Miscellaneous expenses (like notary fees or postage costs)

Simplify Texas probate by having a will

Probating a will in Texas can take time and effort, but it’s a necessary part of settling someone’s affairs — and it’s much easier than administering an estate without a will.

By having a last will and testament, you can help make sure the probate process runs smoothly after you’re gone. And — if your estate meets certain requirements — a valid will could allow your loved ones to consider faster probate alternatives that are unique to Texas, like a muniment of title.  

With FreeWill’s free will-making tool, creating your will is simpler than ever. Simply fill out the guided questionnaire and you can have a ready-to-print Texas will in as little as 20 minutes — at no cost to you.