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Texas Probate Checklist for First-Time Executors
How Texas probate works for a new executor: the route check, Estates Code deadlines, creditor and beneficiary notices, and the role of a lawyer.
Read guideBeing named executor in Texas means deadlines that start running from the date of death, letters to write and every amount to account for. This kit gives you the Texas rules in one place, each linked to its official source, and the files to do the work.
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US_Texas_User_Guide.docxUser guide: your role, route check, legal deadlines, step-by-step order of work, taxes and fees, official forms and a final checklist for Texas.
US_Texas_Executor_Workbook_TRACKER.xlsxExecutor workbook: deadlines calculated from the dates you enter, assets, debts, estate account with running balance, distributions, contacts and letters, fees and taxes.
US_Texas_Financial_Letters_TEMPLATE.docxFive letters: bank or credit union, life insurer, retirement plan or pension, creditor, investment account.
US_Texas_Services_Agencies_Letters_TEMPLATE.docxSix letters: utilities, credit reporting agency, landlord, employer, subscriptions, government organizations.
US_Texas_Beneficiary_Letters_TEMPLATE.docxThree letters to beneficiaries (first letter, progress update, distribution) and a receipt form.
Not every estate in Texas needs the full court process. These are the routes the guide explains:
| Route | When it may apply |
|---|---|
| Small estate affidavit (no will) | The person died without a will, at least 30 days have passed since death, no application to appoint a personal representative is pending or granted, and the estate assets, not counting the homestead and exempt property, are worth $75,000 or less on the date of the affidavit, and those assets exceed the estate's known debts (not counting debts secured by the homestead or exempt property). |
| Probate of will as muniment of title | There is a will and the court is satisfied that the estate owes no unpaid debt other than debts secured by liens on real estate, or that for another reason no administration is needed. |
| Independent administration | The will provides for it, or all of the distributees agree to it (with or without a will), and the will does not forbid it. |
| Dependent administration | An administration is needed but independent administration is not available, for example the will forbids it or the distributees do not all agree. |
| Determination of heirship | A person died without a will owning property in Texas and there has been no administration in Texas, or a will or administration left Texas property undisposed of. |
Check the current threshold on the official source before relying on a simplified route.
You receive a private download link by email as soon as your payment is confirmed. The link works 5 times within 30 days. Files: one Word user guide, one Excel workbook (works in Microsoft Excel 2016 or later, LibreOffice and Google Sheets), and three Word letter templates. Each file is licensed to you for your personal use; your name or email and order number appear in the footer.
In practice, yes for most Texas probate. Texas probate courts treat an executor or administrator as acting for others (the estate and beneficiaries), so filing an application for letters testamentary, letters of administration or a determination of heirship without a lawyer is treated as the unauthorized practice of law (courts cite In re Guetersloh, 326 S.W.3d 737 and Steele v. McDonald, 202 S.W.3d 926). The guide's section on professional help lists situations where speaking to an attorney is wise.
Small estate affidavit (no will): The person died without a will, at least 30 days have passed since death, no application to appoint a personal representative is pending or granted, and the estate assets, not counting the homestead and exempt property, are worth $75,000 or less on the date of the affidavit, and those assets exceed the estate's known debts (not counting debts secured by the homestead or exempt property). The heirs (distributees) sign an affidavit, sworn also by two disinterested witnesses, listing assets, debts and family history. The route check in the guide compares every route, with its legal basis and official source.
The workbook calculates every statutory deadline in the guide from the dates you enter, including: Earliest date to file a small estate affidavit (waiting period, not a deadline) (30 days from the date of death); Apply to admit the will to probate (4 years from the date of death); Take and file the oath (and file any required bond) to qualify as personal representative (20 days from the appointment or grant); Publish notice to creditors in a newspaper (1 month from the appointment or grant). Federal deadlines are included too.
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How Texas probate works for a new executor: the route check, Estates Code deadlines, creditor and beneficiary notices, and the role of a lawyer.
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