The Probate Process in Texas

Probate is the official legal process that validates a will, if one exists, and supervises the distribution of assets to designated beneficiaries. This summary of the process is for information only and leaves out many of the details. Please consult a probate attorney for specifics. My role as a real estate agent is to help you find resources that are needed for your specific situation and help you prepare any real estate for sale.

Step 1: File the Probate Application

In Texas, the probate process usually occurs in the county where the deceased person resided. There are 18 probate courts in 10 counties in Texas. It is important to start the probate process in the correct jurisdiction. A probate filed in the incorrect court will likely be thrown out.

Step 2: Post the Probate Application

After filing the probate application, there is a waiting period of approximately two weeks, at which time a hearing is scheduled. The posting of the probate application takes place during the waiting period. A notice is posted at the courthouse informing the public that a probate application has been filed. This notice is just to let anyone who may have concerns or objections about the will or the administration of the estate.

Step 3: Will Validation by Texas Probate Judge  

After the waiting period, a Texas probate judge presides over a hearing to legally recognize the decedent’s death and verify the validity of the will or absence thereof. Without a will, the judge applies intestate succession laws to determine asset distribution. The judge then appoints an executor or personal representative to oversee the probate process.

Step 4: Catalog the Estate Assets

The executor must then catalog all assets owned by the estate and report to the county clerk within 90 days after the appointment.

Step 5: Identify the Estate Beneficiaries

If the decedent had a valid will, the executor notifies the beneficiaries. The probate court determines heirship in the absence of a will.

 Step 6: Notify Appropriate Creditors

 When someone passes away, there are often outstanding debts that must be addressed and resolved as part of the probate process. It is the responsibility of the estate’s executor to notify the appropriate creditors of the decedent’s death.  

Step 7: Resolve Will Disputes

The estate cannot be finalized if potential beneficiaries contest the will or file related grievances.  A probate court judge must hear any disputes. Contesting a will must be done within two years after the original probate, and a legal representative is necessary to direct and guide you through the dispute process.

Step 8: Distribute Estate Assets

Once debts are settled, the remaining assets are distributed to the beneficiaries. The executor, appointed to administer the estate, oversees this process.