Texas Probate Checklist for First-Time Executors

Being named executor in Texas often comes with a surprise: a Texas will does not prove who owns anything until a court admits it to probate. This Texas probate checklist explains who does what, how to pick the right route, the deadlines in the Texas Estates Code, and why most executors here work with a lawyer from the start.

Who acts for the estate in Texas

The person named in a will is the executor; with no will, or no executor able to serve, the court appoints an administrator. Both are personal representatives. Cases are heard by the court with probate jurisdiction in the county where the person lived, and papers are filed with the county clerk.

Your authority usually comes from Letters Testamentary or Letters of Administration, and starts once you qualify by filing an oath and any required bond. You then collect the assets, pay valid debts, and distribute what remains under the will or Texas intestacy law.

Route check: which Texas process fits?

The right route depends on whether there is a will, the debts and the estate's size.

• Small estate affidavit (no will): at least 30 days after death, with no application for a personal representative pending or granted, when assets other than the homestead and exempt property are worth $75,000 or less and exceed known debts. Heirs and two disinterested witnesses sign it and the judge must approve it (Tex. Estates Code § 205.001).
• Muniment of title: a will with no unpaid debts other than real estate liens. The court's order admitting the will serves as authority to transfer assets, with no executor appointed (§ 257.001).
• Independent administration: the will provides for it or all distributees agree, and the will does not forbid it. After the inventory, court supervision is limited (§ 401.001).
• Dependent administration: court supervised, used when independent administration is not available.
• Determination of heirship: declares the legal heirs when there is no will, and can be combined with an administration (§ 202.002).

Texas probate checklist of legal deadlines

Many of these run from the order granting letters or admitting the will.

The usual order of the steps

1. Find the original signed will and keep it safe for filing.
2. Gather family history, assets and debts.
3. File the application in the county where the person lived, within four years of death if letters are needed.
4. Qualify by filing the oath and any bond (a will or the court, with the distributees' agreement, may waive the bond).
5. Publish the creditor notice, and within the same month send it to the Texas Comptroller by a qualified delivery method if the deceased paid or should have paid taxes the Comptroller administers. Then notify secured creditors and named beneficiaries.
6. File the inventory. An independent executor may file an affidavit in lieu of inventory if the only unpaid debts are secured debts, taxes and administration expenses and the beneficiaries have received the inventory.
7. Pay valid debts and expenses, then distribute.

Alongside this, get an EIN for the estate and file IRS Form 56 as fiduciary.

Taxes and court costs

Texas does not charge a state inheritance tax or estate tax. Federal filings may still apply: the final Form 1040 for the year of death, Form 1041 if the estate has gross income of $600 or more in a tax year, and Form 706 only for estates over the basic exclusion amount ($15,000,000 for 2026 deaths) or to elect portability for a surviving spouse.

Probate filing fees are set locally: check the current schedule with the county clerk. They are usually advanced by the applicant and paid from the estate.

Do you need a lawyer in Texas?

In practice, usually yes. Texas probate courts treat an executor or administrator as acting for others, so applying for letters or a determination of heirship without a licensed attorney is generally treated as the unauthorized practice of law. Many county courts recognize exceptions: heirs may file a small estate affidavit, and a sole beneficiary may probate a will as a muniment of title when the only debts are secured by real estate liens. Policies vary by county, so check the local probate court's rules.

The Steady Executor Texas kit sets out this process in five files: a user guide to routes, deadlines and steps, an executor workbook that calculates due dates from your dates and tracks assets, debts and distributions, financial letters for banks, insurers, retirement plans and creditors, services and agencies letters for utilities, credit bureaus, employers and government offices, and beneficiary letters with a receipt form for distributions.

Sources

• Tex. Estates Code ch. 205 (Small Estate Affidavit)
• Tex. Estates Code ch. 256 (Probate of Wills Generally)
• Tex. Estates Code ch. 257 (Muniment of Title)
• Tex. Estates Code ch. 308 (Notice to Beneficiaries and Claimants)
• Tex. Estates Code ch. 309 (Inventory, Appraisement, and List of Claims)
• Tex. Estates Code ch. 401 (Independent Administration)
• Travis County Probate Court policy regarding pro se applicants
• IRS Publication 559, Survivors, Executors, and Administrators