⸺ On this page
1. Start here: do you even need probate?
2. The five Texas paths
3. The four-year deadline
4. What a Texas probate looks like
5. What we handle
6. What to bring us
7. Frequently asked questions
Start here: do you even need probate?
Probate governs probate assets — property titled in the decedent’s name alone with no automatic transfer built in. A surprising amount of property is not in that category.
| Asset | Goes through probate? |
| Life insurance, 401(k), IRA with a living named beneficiary | No — passes by designation |
| Payable-on-death or transfer-on-death accounts | No |
| Property with a valid right of survivorship | No |
| Real property with a recorded lady bird or TOD deed | No |
| Assets properly titled in a funded living trust | No |
| House in the decedent’s name alone | Yes, usually |
| Bank account in the decedent’s name alone, no POD | Yes |
| Vehicles, mineral interests, personal property | Usually |
Sometimes the answer is “nothing to do.” We have told families on a consult that everything passed by designation and they do not need us. That is a real outcome and we would rather you hear it in fifteen minutes than after a retainer.
The 5 Texas paths
Texas gives you options that most states do not. Picking the right one is most of the value a probate lawyer adds.
| Path | Use it when | Court involvement | Relative cost |
| Muniment of Title | Valid will, no unpaid debts except liens on real estate, no need for administration | One hearing | Lowest |
| Small Estate Affidavit | No will, assets under $75,000 excluding homestead and exempt property, 30 days since death | Affidavit approved by judge | Low |
| Affidavit of Heirship | Establishing who the heirs are for real property, outside court | None — recorded | Low |
| Independent Administration | Most estates with a will naming an independent executor, or where all heirs agree | Appointment, then minimal | Moderate |
| Dependent Administration | Heirs disagree, creditors are aggressive, or a fiduciary needs oversight | Continuous | Highest |
There is also a judicial determination of heirship under Estates Code Chapter 202, which is often paired with an administration when someone dies without a will.
The four-year deadline
Texas Estates Code § 256.003
A will generally may not be admitted to probate after the fourth anniversary of the testator’s death unless the applicant proves they were not in default in failing to present it earlier.
Even where late admission is allowed, § 256.003(b) provides that letters testamentary may not be issued unless the application was filed within the four-year period.
This is the single most consequential deadline in Texas probate, and it is missed constantly — usually by a family that saw no urgency because nobody needed to sell the house yet.
What happens if you miss it: the will typically cannot be used to transfer property in the ordinary way.
The estate is generally handled under the intestacy statutes instead, meaning the law’s distribution scheme replaces your parent’s actual wishes. If your father’s will left everything to your mother and you file in year five, the outcome can be that his children own a share of the house alongside her.
If you are close to four years, call now. Filing an application before the anniversary preserves options that disappear the day after. There are still routes available in year five — muniment of title has been used successfully in some late cases, and an heirship proceeding is always available — but they are narrower and cost more.
What a Texas probate looks like
01
File and wait
The application is filed in the county where the decedent lived. Texas requires the application to be posted for roughly ten days before the court can hear it.
02
The hearing
A short hearing proves the will and appoints the executor. Letters testamentary issue — the document banks and title companies actually want to see.
03
Administer and close
Notices to beneficiaries and creditors, an inventory or affidavit in lieu, debts paid, then distribution.
The clock is driven by statutory notice periods, not by the judge. Published notice to creditors is due within one month of receiving letters (§ 308.051), notice to known secured creditors within two months (§ 308.053), notice to beneficiaries within 60 days of the order admitting the will (§ 308.002), and the inventory before the 91st day after qualification (§ 309.051). See executor and administrator duties for the full calendar.
What we handle
- Independent administration— the standard path for most Texas estates.
- Dependent administration— when the estate needs, or is stuck with, court supervision.
- Muniment of title— the one-hearing option for a clean estate with a valid will.
- Small estate affidavits— for intestate estates under the statutory threshold.
- Affidavits and determinations of heirship— proving who the legal heirs are.
- Ancillary and out-of-state probate— when a non-resident owned Texas property.
- Executor and administrator representation— guiding a fiduciary through every deadline.
- Will contests and estate disputes— see estate and probate litigation.
What to bring us
You do not need all of this to call. Bring what you have.
- The original will if there is one — the original, not a copy. Texas courts strongly prefer the original, and probating a copy requires extra proof.
- A certified death certificate.
- A rough list of assets: real property addresses, bank and brokerage accounts, vehicles, insurance, retirement accounts, mineral interests.
- A rough list of debts: mortgage, credit cards, medical bills, taxes.
- Names and addresses of the spouse, children, and other likely heirs or beneficiaries.
- Any deed to real property, especially if there is a lady bird or transfer on death deed.
Frequently asked questions
How long do I have to probate a will in Texas?
Generally four years from the date of death (Texas Estates Code § 256.003). After that, a will normally cannot be admitted to probate unless you prove you were not in default in failing to present it sooner — and even then, § 256.003(b) prevents the court from issuing letters testamentary unless the application was filed within the four years. Miss the deadline and the estate is generally treated as intestate, which is a far more expensive path. Do not wait.
Does every estate have to go through probate in Texas?
No. Property that passes by beneficiary designation, right of survivorship, a lady bird or transfer on death deed, or a funded trust passes outside probate. And several Texas procedures settle an estate without a full administration — muniment of title, a small estate affidavit, or an affidavit of heirship. Whether you need probate depends entirely on how the assets were titled.
How much does probate cost in Texas?
Far less than most people expect, because Texas allows independent administration with minimal court supervision. A simple uncontested independent administration or muniment of title is a fraction of what supervised probate costs in states like California. Cost rises sharply with a dependent administration, an heirship proceeding, or a contest. We’ll scope it on the consult and tell you which track your estate is on — and whether flat-fee pricing is right for your matter.
How long does probate take in Harris County?
A straightforward independent administration commonly runs six months to a year, driven mostly by the mandatory creditor notice periods rather than by the court. A muniment of title can finish much faster — often a single hearing. A dependent administration or a contested matter takes considerably longer.
Do I need a lawyer to probate an estate in Texas?
In practice, yes for most probate matters. An executor or administrator represents the interests of the estate and its beneficiaries, not just themselves, so Texas courts generally require an attorney — a non-lawyer representing an estate is treated as the unauthorized practice of law. A small estate affidavit filed by a distributee for their own interest is the usual exception, and even those are frequently rejected when self-prepared.
What if there's no will?
The estate is intestate and the Texas Estates Code decides who inherits. You will usually need a determination of heirship before anything can be distributed, and the court appoints an attorney ad litem to represent unknown heirs. It is a more involved and more expensive process than probating a will. See dying without a will.
Are the deceased person's debts my responsibility?
Generally no. Estate debts are paid from estate assets, not from your own money, unless you co-signed or are otherwise independently liable. What you must not do is start distributing assets to family before creditor claims are handled — a personal representative who pays beneficiaries ahead of valid creditors can end up personally liable for the shortfall.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
Related pages
Independent Administration
The standard Texas path — how it works and why it’s cheap.
Muniment of Title
One hearing and done, if your estate qualifies.
Small Estate Affidavits
The $75,000 intestate shortcut, and its real limits.
Heirship
Proving who the legal heirs are, in court or by affidavit.
Dying Without a Will
What Texas intestacy actually does to your family.
Harris County Probate Court
Which court, which floor, and what to expect.