Texas Probate Process: Steps, Deadlines and Court Costs

By Rozsa Gyene, California estate planning attorney, State Bar of California #208356. Published September 28, 2026. Last reviewed September 28, 2026.

This guide walks through the ordinary path for an estate with a will, then the shortcuts Texas allows for small or simple estates. Each step names the section of the Estates Code it comes from, so you can read the rule yourself. It is general information about the process, not advice about any particular estate.

Which court hears a Texas probate case

Probate must be filed in a court with original probate jurisdiction (Estates Code Section 32.001). Which court that is depends on the county. In a county that has a statutory probate court, that court has exclusive jurisdiction of all probate proceedings, contested or not (Section 32.005). In a county without one, the county court hears probate, sharing that jurisdiction with a county court at law where one exists (Section 32.002). Harris County, for example, has statutory probate courts, and the Harris County Clerk's Probate Courts department serves as their clerk; see the Houston page for that court's address, hours and fees.

Venue is the county where the decedent lived, if they had a domicile or fixed place of residence in Texas (Section 33.001). The whole administration, from the first application to the final distribution, is treated as one proceeding (Section 32.001).

The four year deadline

A will may not be admitted to probate after the fourth anniversary of the testator's death unless the applicant proves they were not in default in failing to present it sooner (Section 256.003). Even then, letters testamentary cannot issue unless the application itself was filed within the four years. The same four year limit applies to an application for letters of administration when there is no will (Section 301.002), with narrow exceptions for recovering property owed to the estate. An application filed late also requires notice to each of the testator's heirs (Section 258.051).

Step 1: the application

The executor named in the will, or another interested person, files an application with the clerk (Section 256.051). The application may ask both to probate the will and to appoint the executor. Section 256.052 lists what it must state, including the applicant's and testator's names and domiciles, the last three digits of their driver's license and Social Security numbers, the date and place of death, the facts that give the court venue, a general description of the property and its probable value, the date of the will, the executor's name and address, the names of the subscribing witnesses, any children born or adopted after the will was signed, any divorce after the will was made, and that the executor is not disqualified. The original will is filed with the application and stays in the clerk's custody (Section 256.053).

When there is no will, the application for letters of administration must also name each heir and allege why an administration is necessary (Section 301.052), and the applicant must prove that necessity at the hearing (Section 301.153).

Step 2: posted citation

On filing, the clerk issues a citation to everyone interested in the estate. It is served by posting and states that the application was filed, the testator's and applicant's names, when the court will act, and that any interested person may appear to contest (Section 258.001). A citation served by posting must be posted for at least 10 days before the return day (Section 51.053), and the court may not act on the application until service is complete (Section 258.003).

Step 3: the hearing and the proof

At the hearing the applicant proves that the testator is dead, that four years have not passed, that the court has jurisdiction and venue, that citation was served, and that the person seeking letters is entitled to them (Section 256.151). The applicant also proves the will was not revoked (Section 256.152). If the will is self-proved under Chapter 251, no further proof of its signing is needed. If it is not, a subscribing witness testifies or signs an affidavit in open court (Section 256.153), or for a handwritten will, two witnesses to the handwriting (Section 256.154). Testimony at the hearing is put in writing, sworn, and filed (Section 256.157).

If the court is satisfied, it enters an order admitting the will to probate (Section 256.201). Anyone who wants to contest the will after that generally has two years from the date it was admitted (Section 256.204).

Step 4: oath, bond and letters

The person appointed must take the oath before the 21st day after the order granting letters (Section 305.003), and give bond within the same period when bond is required (Section 305.004). In an independent administration, bond is required unless the will waives it or the court waives it with the agreement of all the distributees (Section 401.005). Once qualified, the representative receives letters testamentary or of administration, the document banks and title companies rely on.

Step 5: notices to beneficiaries and creditors

• Beneficiaries. Not later than the 60th day after the order admitting the will, the representative sends each beneficiary named in the will a notice by a qualified delivery method that the will was admitted, with a copy of the will and order or a summary of the gift (Sections 308.002 and 308.003). Beneficiaries who already appeared, who receive gifts worth $2,000 or less, or who received their gift within 60 days, need not be notified. By the 90th day the representative files an affidavit or attorney's certificate about these notices (Section 308.004).
• Creditors. Within one month after receiving letters, the representative publishes a notice to creditors in a newspaper of general circulation in the county (Section 308.051). Within two months, each known secured creditor gets notice by a qualified delivery method (Section 308.053). The representative may also send unsecured creditors a notice that bars any claim not presented within 120 days of receipt (Section 308.054).

Step 6: the inventory

Before the 91st day after qualifying, unless the court grants more time, the representative files a verified inventory of all Texas real property and all personal property wherever located, with each item's fair market value on the date of death and a statement of which property is community and which is separate (Section 309.051). A list of claims owed to the estate is attached (Section 309.052). When there are no unpaid debts other than secured debts, taxes and administration expenses, an independent executor may instead file an affidavit in lieu of inventory within the same 90 days, after giving each beneficiary the inventory privately (Section 309.056). Filing late after being cited can draw a fine of up to $1,000 (Section 309.057).

Step 7: independent or dependent administration

Texas lets a will provide that no other action be had in the probate court beyond probating the will and returning the inventory (Section 401.001). That is independent administration: after the steps above, the executor pays debts, sells or transfers property, and distributes the estate without asking the court's permission for each act. If the will is silent, all of the distributees can agree to independent administration and designate the executor (Section 401.002). In an estate with no will, the heirs can do the same, but only after a court proceeding under Chapter 202 has determined who the heirs are (Section 401.003). A will can also forbid independent administration, and an estate without that agreement is administered under the court's direction as a dependent administration (Section 401.001).

Alternatives that avoid a full administration

Muniment of title

If the estate owes no unpaid debt other than a debt secured by a lien on real estate, or there is otherwise no need for an administration, the court may admit the will to probate as a muniment of title (Section 257.001). No executor is appointed. The order itself is legal authority for banks, transfer agents and buyers to deal with the people named in the will (Section 257.102). The applicant files an affidavit within 180 days stating which terms of the will have been carried out, unless the court waives it (Section 257.103).

Small estate affidavit

When someone dies without a will, the heirs may collect the estate without any personal representative if 30 days have passed since the death, no application for a representative is pending or granted, and the assets other than the homestead and exempt property do not exceed $75,000 (Section 205.001). The affidavit is sworn by two disinterested witnesses and every heir, lists the assets, debts and family history, and takes effect when the judge approves it (Sections 205.002 and 205.003). It can transfer the homestead if that is the only real property, once recorded in the deed records of the county where the home is (Section 205.006), but it does not transfer any other real estate (Section 205.008).

Court costs

Filing fees are set county by county, so check the clerk's fee schedule for the county where you will file. As one example, the Harris County Clerk's fee schedule lists the associated court filing fee for a new estate, whether probate of a will, administration, heirship or a small estate, at $360.00, and $2.00 for each letter testamentary or of administration issued. Attorney's fees, appraiser's fees and publication costs are separate and vary; no official source publishes a typical total, so this guide does not estimate one.

What a living trust changes

Property that was properly transferred into a living trust during life is owned by the trust, not by the person who died, so it is not part of the estate the probate court administers. The successor trustee follows the trust's instructions without an application, citation, hearing or letters. Property left outside the trust still goes through the steps above, which is why a Texas trust package includes a pour-over will and funding instructions. See the Texas living trust page for what the Texas package includes and how it is signed.