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The Texas Probate Guide
Everything a Texas family needs to settle an estate, written for the person actually handling it. Covers:
- The five Texas procedures, and how to pick one
- The four-year deadline that catches families
- What it costs and how long it really takes
- The executor’s full statutory deadline calendar
- What happens when there is no will
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Short answers, plain English
The questions we get most, answered in under two minutes. New shorts weekly on YouTube, Instagram and TikTok.
Quick answers
The eight questions we are asked most often. Each one goes straight to the page that answers it.
01 How long do I have to probate a will in Texas?
Generally four years from death
02 What is muniment of title?
One hearing, no executor, no administration
03 Do I need a living trust in Texas?
Usually not — here’s why
04 Who inherits if there's no will?
Community vs separate property, explained
05 What does a Lady Bird deed do?
Passes the house without probate
06 Can my bank refuse my power of attorney?
Not indefinitely — the 2017 rules
07 What's the $75,000 small estate limit?
And why it excludes the homestead
08 Which Harris County probate court?
All five, plus what to expect
Browse by topic
Every practice area page is written the same way as the guides — answer first, statutes cited, questions answered at the bottom.
Estate Planning
Wills, trusts, powers of attorney, advance directives, and the two Texas deeds that skip probate.
Probate
All five Texas procedures, the executor’s deadline calendar, and what happens with no will.
Estate Litigation
Will contests, trust disputes, fiduciary claims, and guardianship.
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Business Law
Texas LLCs, company agreements, contracts, and trademarks.
Real Estate
Deeds, closings, TREC contract deadlines, and property after a death.
About the Firm
How we work, what it costs, and who you’d be working with.
Kept current
Texas law moves, and a great deal of what is published online about it is out of date. Every page here carries a review date, and these are three changes we have already worked through:
- The Texas “10-day rule” is now 25 days. The Advance Directives Act was overhauled in 2023, extending the transfer period and adding a seven-day advance notice requirement before the committee meeting. Covered on living wills and advance directives.
- U.S. companies no longer file BOI reports. FinCEN’s final rule, effective August 2026, permanently removed beneficial ownership reporting for U.S. companies and U.S. persons. Covered on business law.
- USPTO trademark fees were restructured in 2025. A base fee plus surcharges replaced the old TEAS Plus and TEAS Standard split. Covered on trademarks.
One caveat worth stating plainly. Statutes, filing fees, court assignments, and dollar thresholds change. Everything here is accurate as of the review date on the page, and none of it is a substitute for advice about your own situation. If something looks out of date to you, tell us — we would rather fix it.
Frequently asked questions
Is any of this legal advice?
No. Everything here is general information about Texas law, written to help you understand your situation before you talk to anyone. It is not legal advice for your circumstances, and reading it does not create an attorney-client relationship. Your facts matter, which is what the consult is for.
Do I have to give you my email to read the guide?
No. There is no gate, no form, and no download. The Texas Probate Guide is a web page you can read, bookmark, and share with your siblings. We would rather you get the answer than get on a list.
How often is this updated?
Every page carries a review date, and we update them when the law changes. Texas amended its Advance Directives Act in 2023, the USPTO restructured trademark fees in 2025, and FinCEN ended BOI reporting for U.S. companies in 2026 — all of which are reflected here. If you find something stale, tell us.
Can I share these with my family?
Please do. Most of what we write is meant to be forwarded to the sibling handling the estate or the parent who has been putting off a will. Everything here is a normal web page — send the link.
Can I request a topic?
Yes. If you searched for something and could not find a straight answer anywhere, that is exactly what we want to write or film next. Email info@jdavislaw.us or send a message on Instagram or TikTok.
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.