Settling an Estate in Texas
Reviewed by DocDraft Legal Team · Texas · Last updated August 27, 2026
Texas has a reputation for expensive probate that the statute does not support. The state's signature procedure, independent administration under Estates Code Chapter 401, lets an executor administer an estate with almost no court involvement after filing the inventory, which makes Texas one of the cheaper and faster states to settle an estate in. Which court hears the case depends on the county: the ten largest counties have dedicated statutory probate courts, while elsewhere the constitutional county court or a county court at law takes the filing. Texas is a community property state, so in a married estate only the decedent's half of the community is administered. Two Texas specific traps matter more than anything else here. A will generally must be offered for probate within four years of death under Estates Code 256.003, and the small estate affidavit under Chapter 205 is available only where there was no will.
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Is probate always required in Texas?
No. Community property with right of survivorship, payable on death accounts, life insurance with a living beneficiary, and property in a trust pass outside probate. Texas also offers muniment of title, which admits a will without appointing anyone, and an affidavit of heirship that establishes ownership of real property by recorded affidavit.
Which court handles probate in Texas?
It depends on the county. The ten most populous counties, including Harris, Dallas, Bexar, Tarrant, and Travis, have statutory probate courts that hear estates exclusively. In counties without one, the constitutional county court or a county court at law exercises probate jurisdiction. All filings go to the county where the decedent was domiciled.
What is the small estate affidavit limit in Texas?
Estates Code Chapter 205 caps the small estate affidavit at $75,000, excluding homestead and exempt property, and requires 30 days to pass after death with no pending application for a personal representative. The critical restriction is that it applies only where the decedent died without a will. A will disqualifies the estate from this route entirely.
How long does probate take in Texas?
An uncontested independent administration commonly closes in 6 to 12 months, and muniment of title can finish in a few weeks. The hearing to admit the will is typically set within a month or two of filing. What extends a Texas case is usually a contested heirship determination, real property in another state, or an insolvent estate requiring dependent administration.
Independent administration, muniment of title, and the four year rule
Texas built its probate system around keeping judges out of ordinary estates. Under Estates Code Chapter 401 an executor named as independent in the will, or appointed independent with the consent of all distributees, files an inventory or an affidavit in lieu of inventory and then administers the estate without further court approval: selling property, paying claims, and distributing without returning for permission at each step. Dependent administration, with court supervision at every stage, is the exception reserved for contested or insolvent estates. Texas layers two further shortcuts on top. Muniment of title under Estates Code Chapter 257 admits a will to probate as a link in the chain of title without appointing any personal representative at all, available where the estate has no unpaid debts other than a lien on real property. The small estate affidavit under Chapter 205 covers estates of $75,000 or less excluding homestead and exempt property, but only where the decedent died intestate, which catches many families by surprise. The most dangerous Texas rule is a deadline: under Estates Code 256.003 a will generally must be offered for probate within four years of death, after which it usually cannot be probated at all and the estate passes by intestate succession as though no will existed. Creditor procedure runs through Estates Code Chapter 308, requiring published general notice within a month after letters issue and direct notice to secured creditors within two months. Texas is a community property state and imposes no state estate or inheritance tax.
Relevant Laws
Texas Estates Code Chapter 401 (Independent administration)
Authorizes independent administration where the will names an independent executor or where all distributees agree to one. After filing the inventory or an affidavit in lieu, the independent executor administers the estate without further court approval, including selling property, paying claims, and distributing. This is the default expectation in Texas practice and the reason Texas probate costs less than its reputation.
Texas Estates Code Chapter 205 (Small estate affidavit)
Permits distributees to collect an intestate decedent's estate by affidavit without appointing a personal representative, where the estate assets excluding homestead and exempt property do not exceed $75,000, at least 30 days have passed since death, and no application for a personal representative is pending or granted. Unavailable where the decedent left a will.
Texas Estates Code 256.003 (Four year limit on probating a will)
Bars admitting a will to probate more than four years after the testator's death unless the applicant proves they were not in default in failing to present it sooner. When the bar applies the estate generally passes by intestate succession as though no will existed, which can redirect property entirely away from the testator's intended beneficiaries.
Texas Estates Code Chapter 308 (Notice to creditors)
Requires the personal representative to publish general notice to creditors within one month after letters issue and to give direct written notice to secured creditors within two months. Chapter 308 also allows permissive notice to unsecured creditors, which starts a shorter period after which an unpresented claim is barred.
Regional Variances
Texas administration tracks
No will, $75,000 or less excluding homestead and exempt property
Small estate affidavit under Estates Code Chapter 205. Requires 30 days after death and no pending application for a personal representative. Filed with the county clerk and approved by the court. Strictly unavailable if the decedent left a will, which is the most common disqualifier.
Will, no unpaid debts other than a real property lien
Muniment of title under Estates Code Chapter 257. The court admits the will as a link in the chain of title and appoints no representative at all. The order itself operates as the transfer document. Typically the fastest and cheapest route where the estate is a house plus accounts.
Will naming an independent executor, or distributee consent
Independent administration under Chapter 401. Letters testamentary issue, the executor files an inventory or an affidavit in lieu within 90 days, and administration proceeds without further court orders. No court approval needed to sell property, pay claims, or distribute.
Contested, insolvent, or no agreement among distributees
Dependent administration, with court supervision at each step, bond required, and court approval needed for sales and distributions. Slower and more expensive, and reserved for estates where the independent route is unavailable or inappropriate.
Texas deadlines and duties
Four years to probate a will
Estates Code 256.003 generally bars probating a will more than four years after death absent proof the applicant was not in default. This is the single most consequential Texas deadline, because missing it usually converts a testate estate into an intestate one.
Inventory within 90 days
A sworn inventory, appraisement, and list of claims is due within 90 days of qualification. Where all beneficiaries have received a copy and there are no unpaid debts other than secured debt, taxes, and administration expenses, an affidavit in lieu of inventory may be filed instead, which keeps asset values off the public record.
Creditor notice
General notice published within one month after letters issue, and direct written notice to secured creditors within two months, under Chapter 308. Permissive notice to unsecured creditors starts a shorter bar period. Proof of publication is filed with the court.
Which court
Statutory probate courts in the ten largest counties including Harris, Dallas, Bexar, Tarrant, and Travis. Constitutional county courts or county courts at law elsewhere. Venue is the county of domicile at death, and local filing practice varies enough to check the county clerk first.
Suggested Compliance Checklist
Confirm the death was within four years
Immediately days after startingCheck the date of death against Estates Code 256.003 before doing anything else. Past four years a will generally cannot be probated unless the applicant proves they were not in default, and the estate passes by intestate succession instead. If the deadline is close, this becomes the controlling priority over every other step.
Determine whether a will exists before choosing a route
Week 1 days after startingThe existence of a will decides which procedures are available. A will disqualifies the estate from the Chapter 205 small estate affidavit entirely but opens muniment of title under Chapter 257. Search the decedent's records, safe deposit box, and attorney files before concluding the estate is intestate.
Use the small estate affidavit if the estate is intestate and qualifies
Day 31 onward days after startingWhere there is no will and estate assets excluding homestead and exempt property are $75,000 or less, prepare the Chapter 205 affidavit after 30 days have passed and no application for a personal representative is pending. It is filed with the county clerk for court approval rather than presented directly to asset holders.
File the inventory or affidavit in lieu within 90 days
Within 90 days of qualification days after startingFile a sworn inventory, appraisement, and list of claims within 90 days of qualifying. Where all beneficiaries have been given a copy and the estate has no unpaid debts beyond secured debt, taxes, and administration expenses, file an affidavit in lieu of inventory instead to keep asset values off the public record.
Publish creditor notice within one month of letters
Within 1 month of letters days after startingPublish general notice to creditors in a newspaper in the county within one month after letters issue, and send direct written notice to secured creditors within two months, per Estates Code Chapter 308. File proof of publication with the court. Consider permissive notice to unsecured creditors to start the shorter bar period running.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the death was within four years | Check the date of death against Estates Code 256.003 before doing anything else. Past four years a will generally cannot be probated unless the applicant proves they were not in default, and the estate passes by intestate succession instead. If the deadline is close, this becomes the controlling priority over every other step. | - | Immediately |
| Determine whether a will exists before choosing a route | The existence of a will decides which procedures are available. A will disqualifies the estate from the Chapter 205 small estate affidavit entirely but opens muniment of title under Chapter 257. Search the decedent's records, safe deposit box, and attorney files before concluding the estate is intestate. | - | Week 1 |
| Use the small estate affidavit if the estate is intestate and qualifies | Where there is no will and estate assets excluding homestead and exempt property are $75,000 or less, prepare the Chapter 205 affidavit after 30 days have passed and no application for a personal representative is pending. It is filed with the county clerk for court approval rather than presented directly to asset holders. | small-estate-affidavit | Day 31 onward |
| File the inventory or affidavit in lieu within 90 days | File a sworn inventory, appraisement, and list of claims within 90 days of qualifying. Where all beneficiaries have been given a copy and the estate has no unpaid debts beyond secured debt, taxes, and administration expenses, file an affidavit in lieu of inventory instead to keep asset values off the public record. | asset-inventory | Within 90 days of qualification |
| Publish creditor notice within one month of letters | Publish general notice to creditors in a newspaper in the county within one month after letters issue, and send direct written notice to secured creditors within two months, per Estates Code Chapter 308. File proof of publication with the court. Consider permissive notice to unsecured creditors to start the shorter bar period running. | - | Within 1 month of letters |
Frequently Asked Questions
Muniment of title under Estates Code Chapter 257 is a Texas procedure with no close equivalent elsewhere. The court admits the will to probate purely as evidence of title and appoints no personal representative. It is available where the estate owes no unpaid debts other than a lien secured by real property. The order itself transfers title, so banks and title companies accept it. It is the fastest and cheapest route when the estate is essentially a house and some accounts.
An affidavit of heirship under Estates Code Chapter 203 is a sworn statement about the decedent's family history, signed by two disinterested witnesses who knew the family, and recorded in the real property records of the county where the land sits. It is evidence of who the heirs are rather than a court adjudication, and it does not cut off creditors. Title companies commonly accept a properly recorded affidavit for an intestate decedent's real property, which makes it a practical alternative to opening an estate where land is the main asset.
Texas is a community property state, so property acquired during the marriage other than by gift or inheritance is owned half by each spouse. Only the decedent's half enters the estate. Where the couple held community property with right of survivorship, the survivor takes the whole interest outside probate. Separate property, meaning what was owned before marriage or received by gift or inheritance, is fully in the estate.
Most wills waive bond, and where the will waives it and the executor is independent, no bond is required. Where the decedent died without a will or the will is silent, the court will generally require a bond in an amount tied to the value of the personal property, and the premium is an estate expense. An independent administration created by agreement of the distributees can also waive bond.
No. Texas imposes neither an estate tax nor an inheritance tax, so the only death tax exposure is federal, and the federal basic exclusion for deaths in 2026 is $15 million per person. That said, the estate still needs to address the decedent's final income tax return and any income the estate itself earns during administration.
Other Texas guides
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