Book with probate law

When a loved one dies, someone must distribute the property in their estate, and they must do it according to the law. Depending on the circumstances, a combination of property, contract, trust, and probate law might decide what happens to your loved one’s property.

What is probate law? It is a set of state rules that Texas courts and interested parties must follow to administer a deceased person’s estate, whether the person dies with or without a will. When you’re dealing with the stress and pain of grief, having an experienced probate attorney guide you through probate matters can reduce the pressure in your life.

At Robbins Estate Law, our highly experienced team cares deeply about protecting your family and friends. We do the hard legal work while you take the time you need to grieve.

Key Takeaways

  • Probate validates wills and settles debts first — Before any assets are distributed to heirs or beneficiaries, the Texas probate court confirms the will is legally valid and ensures all creditors are properly paid from the estate.
  • Estates under $75,000 may skip formal probate — If a decedent's estate is valued below $75,000 and contains no real estate, Texas law may allow the family to use a small estate affidavit instead of opening a full probate case.
  • A personal representative must meet Texas residency rules — Texas law generally requires the executor or administrator to be a Texas resident with no felony record; if no qualified person is named in the will, the court typically prioritizes the surviving spouse.
  • Letters testamentary unlock access to estate assets — Without court-issued letters testamentary or letters of administration, banks, financial institutions, and government agencies will not allow a representative to manage or transfer the decedent's property.
  • Dying without a will hands control to Texas intestacy law — Texas intestate succession rules determine who inherits — not the decedent's personal wishes — which means friends, unmarried partners, and non-relatives are typically excluded from receiving anything.
Free Consultation — No Obligation

Don’t Navigate Texas Probate Alone.

We’ve guided thousands of Texas families through the probate process — with a flat-fee model that keeps costs clear and no surprises along the way. Let’s talk through your situation for free.

Or call us directly   (512) 270-2557

5-Star Rated Thousands of Probate Cases Flat-Fee Probate Texas-Wide Service

About the Author

Kyle Robbins, Esq.

With experience handling thousands of successful probate cases across Texas, Kyle Robbins specializes in navigating the Texas Estates Code efficiently. His firm focuses on reducing family stress through flat-fee probate administration and Muniment of Title shortcuts.

Why Is Probate Important?

To understand what probate law is, starting with learning its purpose can help. A probate can help ensure that:

  • Any applicable will is valid,
  • The deceased person’s (decedent’s) debts are paid, and
  • The decedent’s remaining assets go to the right people.

Probate can provide legal protection for a decedent’s heirs, beneficiaries, and personal representatives by ensuring the proper distribution of assets and oversight of the estate.

When Is Probate Required?

In general, probate can be necessary when a decedent has left a will or has died without an estate plan. Probate may not be required if:

  • The decedent put all of their assets in a valid trust, or
  • All the decedent’s assets automatically transferred upon their death.

Additionally, a decedent’s estate may bypass a formal probate if the estate’s value is less than $75,000 and does not include real estate.

Transferring a House After a Death?

Texas Probate for House Title Transfer

Clearing title to an inherited home has its own rules, timelines, and court requirements. Our dedicated page walks through every option for getting the deed into the heirs' names, including the alternatives that avoid full probate.

See How to Transfer a Texas House Title

What Are the Stages of the Texas Probate Process?

There are many requirements for properly administering a decedent’s estate. Multiple filing and notice requirements are common, and someone must determine and manage the estate’s assets and debts. The process can feel overwhelming. But working with a knowledgeable probate attorney and breaking the process down into steps can make it easier to handle.

1. Opening a Probate

The probate process starts when someone submits an application to the probate court in the county where the decedent resided. This application has different requirements and purposes depending on whether the decedent left a will.

When a person applies to open a probate, they must serve the decedent’s heirs with notice about the probate. Once an appropriate party files to open probate and gives the right parties notice, the court begins supervising the estate.

2. Selecting a Personal Representative

Formal probate requires a personal representative. The personal representative (sometimes called the executor) is responsible for administering the estate. A decedent may name this person in their will, or the court may select someone according to their qualifications.

In general, a personal representative must:

  • Have the capacity to hold the role,
  • Be a Texas resident,
  • Not have a felony record, and
  • Be suitable for the role.

If a decedent’s will does not identify a qualified representative, the court often gives priority to the decedent’s surviving spouse or devisees to hold the position.

3. Obtaining Letters Testamentary or Letters of Administration

Once the court appoints a personal representative, that representative needs official documents to start managing the estate. This is where letters testamentary or letters of administration come in. Letters testamentary apply to estates with wills, and letters of administration apply to estates without wills (intestate estates).

These letters prove to other entities, like banks and government officials, that the representative has the right to handle the decedent’s property. The appointed representative applies to the court to receive these letters and start managing the estate.

4. Giving Notice to Creditors

In many probate cases, personal representatives must give creditors or claimants notice about probate soon after receiving letters testamentary. This notice lets anyone who has a claim against the decedent’s estate know the deadline for presenting and how to present a claim.

5. Inventory and Appraisement

Within a set window of time (often 90 days after their appointment), the personal representative must take inventory of all estate assets. In addition to this inventory, the personal representative must determine the value of all estate assets.

6. Paying Taxes and Debts

Before any distribution, the estate must pay all debts and taxes for which the estate is liable. The probate process identifies which claims and debts are valid and which are not. A knowledgeable probate attorney from our team can help create estate plans that minimize estate tax obligations and liabilities, leaving more assets for beneficiaries to share.

7. Administering the Remainder of the Estate

After the representative pays all estate debts and liabilities, the estate is ready for distribution. How assets are distributed depends on whether the decedent left a valid will or died without an estate plan.

8. Closing Probate

Once the court is satisfied that all duties have been completed following distributions, the personal representative files a final report. The court can then formally close the probate, officially ending the estate administration.

Probate with a Will (Testate Probate)

When a person dies with a will, probate includes a court determination of whether the will is valid. The judge reviews the will and determines if its creator (the testator):

  • Was an adult of sound mind when they created the will,
  • Put the will in writing,
  • Signed the will in front of at least two witnesses, and
  • Had the will signed by the witnesses in front of each other.

Interested parties may contest any submitted will. If a will meets legal requirements and survives any contests, the court will follow the testator’s wishes for distributing the property.

Probate Without a Will (Intestate Succession)

When someone dies without a will, Texas probate law decides who inherits the property. This is called intestate succession. Applying for probate when the decedent dies intestate is called an application for a proceeding to declare heirship.

Under intestacy rules, spouses, children, parents, and other relatives may inherit based on their relationship to the deceased and which family members survive the deceased. While intestate succession helps to distribute your loved one’s estate, it does not guarantee your desired beneficiaries will inherit the estate. Texas law makes that decision.

If you want individuals other than family members to inherit your assets, you must write a will or create an estate plan to include them in the distribution.

We Can Help You Use Texas Probate Law to Your Advantage

At Robbins Estate Law, our highly experienced probate team can walk with you in any probate matter step by step. Our team is led by an award-winning advocate, and we provide clear guidance, compassionate support, and the legal knowledge needed to protect your family’s future.

If you have questions about probate, we’re here to help. Please call us or contact us online to schedule a consultation. 

Frequently Asked Questions

How long does the probate process take in Texas?
The Texas probate process typically takes six months to a year for straightforward estates, but contested wills or complex assets can extend the timeline significantly. The personal representative has 90 days after appointment to complete an inventory and appraisement of all estate assets. Robbins Estate Law helps families move through each stage efficiently while ensuring all court deadlines are met.
What happens if someone dies without a will in Texas?
When a person dies without a will in Texas, their estate passes through intestate succession, meaning state law — not the decedent's wishes — determines who inherits. Spouses, children, and other relatives receive assets in a priority order defined by the Texas Estates Code. If you want to ensure specific people or organizations inherit your property, a will or estate plan is essential.
Do all assets have to go through probate in Texas?
No — assets held in a trust, accounts with designated beneficiaries, and property with rights of survivorship typically transfer outside of probate. Only assets titled solely in the decedent's name without a transfer mechanism generally require probate. An attorney at Robbins Estate Law can review an estate and identify which assets need court involvement.
What is the difference between letters testamentary and letters of administration in Texas?
Letters testamentary are issued when the decedent left a valid will, while letters of administration are issued when the decedent died intestate (without a will). Both documents serve the same practical purpose: they prove to banks, the IRS, and other institutions that the personal representative has legal authority to manage and distribute the estate. Without these letters, most financial institutions will refuse to release assets.
Can a family use a small estate affidavit instead of probate in Texas?
Yes, if the total value of the estate is $75,000 or less and does not include real property, Texas law allows heirs to use a small estate affidavit to collect assets without opening a formal probate case. This can save time and court costs for qualifying families. Robbins Estate Law can help determine whether your family's situation meets the requirements for this simplified process.
Who can contest a will during Texas probate?
Any interested party — such as an heir, beneficiary, or creditor — can contest a will during the Texas probate process by challenging whether the testator had mental capacity, was free from undue influence, or whether the will meets formal signing requirements. A will contest must generally be filed within two years of the will being admitted to probate. If you believe a will is invalid, speaking with an experienced probate attorney promptly is critical to protecting your rights.