This guide covers the basic principles of probate law in Texas. If you need legal advice or help with a specific case, please talk to an attorney. If you need help finding one, please visit our Legal Help page.
Probate is the legal process to distribute a person's property after they die. With court approval, the will is validated, the debts are paid, and the rest of the property passes to the heirs. If there is no will, the estate may still have to go through probate.
Texas has several types of probate methods.
Estate administration is the most formal. In administration, the court appoints a specific person to manage the whole process. This person usually has an attorney to help with all the tasks.
Smaller estates are often settled through faster, less formal methods. With a court order in hand, the heirs can directly collect the property from banks, transfer real property, etc.
Texas laws governing probate are primarily in the Texas Estates Code. Older publications may refer to the Texas Probate Code, as it was known before 2014.
Law related to estate administration, probate, wills, intestate succession, guardianship, and durable powers of attorney.
The purpose of this handbook is to help explain the estate administration process in Texas by providing a checklist of the steps that generally must be taken.
The need for probate typically increases with the size and complexity of the estate. Depending on the situation, probate may be necessary to:
Not all property passes through the probate process. Nonprobate property passes directly to the beneficiaries without court approval. This may include certain types of bank accounts, life insurance proceeds, and other assets.
Only an attorney can answer this question. Our guide provides general information about different probate methods, but it is not a substitute for legal advice.
This article discusses some different methods for handling an estate—the property owned and debt held by a person—in Texas.
Frequently asked questions about the probate process. This blog post highlights the most common probate alternatives for those involved in agriculture.This will depend on the probate method and on the court's policy.
Estate administration requires an attorney. This is because the estate representative represents the interests of many parties. Bexar County's Court Policy Regarding "Pro Se" Applicants explains:
As executor of a decedent’s estate, you don’t represent only yourself. An executor represents the interests of beneficiaries and creditors. [. ] The lawyer you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible.
Some informal probate methods may not require an attorney. The rules may differ from court to court, so it's a good idea to check the local requirements before applying.
A person appointed by a probate court to handle the distribution of the property of someone who has died without a will, or with a will that fails to name someone to carry out this task.
The process during which the executor or personal representative collects the decedent’s assets, pays all debts and claims, and distributes the residue of the estate according to the will or the state law intestacy rules (when there is no will).
An attorney appointed by the court to represent the interests of heirs whose names or locations are unknown. Usually, an attorney ad litem's involvement is limited to the heirship determination proceeding. The court may expand that appointment to include the representation of an incapacitated heir.
A person or organization legally entitled to receive benefits through a legal device, such as a will, trust, or life insurance policy.
An individual who has died.The rules by which an estate is distributed after the owner's death. This may occur according to the decedent's estate plan or according to intestate laws if the decedent died without an estate plan.
An estate is the total property; real and personal, owned by an individual prior to distribution through a trust or will.
An executor is someone named in a will as the person who will carry out the testator's formal wishes. Typical duties of an executor include paying outstanding taxes/debt and distributing any remaining assets among the testator’s heirs.
Someone who has a right, under state law, to inherit a deceased person's property (which means the closest family members). The term is often used in a broader sense, to include anyone who receives property from the estate of a deceased person.
Intestate refers to when a person dies without a valid will. In these cases, the distribution of the deceased's property is governed by the laws of intestacy, which vary from state to state.
The court document that establishes the authority to act as a guardian, conservator, or personal representative (executor or administrator). In decedent’s estates, an executor’s letters are designated "letters testamentary" and an administrator’s letters are "letters of administration."
A provision in a will or trust agreement that provides that someone who sues to receive more from the estate or trust or overturn the governing document will lose any inheritance rights he or she has.
A transfer of property that occurs upon the death of a decedent, but is not controlled by the decedent's will or by the rules of descent and distribution. The most common non-testamentary transfers arise from property held in joint tenancy with right of survivorship, or from payable on death or similar accounts.
"Probate” is the legal process used to distribute a person’s property (called an “estate”) after that person dies.
All the assets owned at death that require some form of legal proceeding before title may be transferred to the proper heirs.
The property remaining in a decedent’s estate after payment of the estate’s debts, taxes, and expenses and after all specific gifts of property and sums of money have been distributed as directed by the will.
The person who makes a will.A document in which the will maker specifies who is to receive his or her property at death and names an executor.
