How Probate Works After a Death in Texas

Texas probate has a genuinely distinctive feature that often makes it faster and less burdensome than the process in many other states.

What is independent administration?

The single most important thing to understand about Texas probate is independent administration - an option allowing an estate to be handled with minimal ongoing court supervision. This is available when a will specifically authorizes it, or in some situations when all heirs agree even without a will specifying it. Independent administration is generally faster and less expensive than the more heavily court-supervised probate process common in many other states, which is part of why it’s worth discussing with an attorney when writing a will in Texas specifically.

After the court appoints the executor and the oath is filed, the clerk issues letters testamentary; see our general guide on letters testamentary.

Where is probate filed in Texas?

Probate is filed in the probate court (or, in counties without a dedicated probate court, the relevant county court) in the county where the deceased lived at the time of death.

Do all Texas estates need to go through probate?

No. Some smaller estates qualify for a simpler alternative - see our companion piece on the Texas small estate affidavit. Some assets also pass outside probate entirely regardless of estate size, including those with named beneficiaries (like retirement accounts and life insurance) and jointly owned property.

Do I need an attorney for Texas probate?

Not always - simpler, uncontested estates, especially those using independent administration, are sometimes handled without one. That said, many families still choose to work with a probate attorney given the legal complexity involved, and the State Bar of Texas can help with attorney referrals if needed. See our general guide on executor responsibilities for what the role actually involves day to day.

How long does probate take in Texas?

This varies considerably depending on the estate’s complexity, whether independent administration applies, and whether there are disputes - independent administration is generally faster than full court-supervised probate, but a specific timeline is best discussed with a probate attorney.

What should I do next?

If there’s a will, check whether it specifically authorizes independent administration - that’s the detail most likely to make this process faster. Then confirm which county court handles probate where the deceased lived, and get a rough sense of whether the estate might qualify for the small estate affidavit instead of full probate. From there, a probate attorney (or the State Bar of Texas’s referral service, if you don’t already have one) can tell you what’s actually needed for this specific estate.

Add this to your Final Day Plan: note whether your own will authorizes independent administration, and where you’d want probate filed - it’s a detail your executor will need, and one most people never think to write down.

Texas law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a Texas-licensed attorney for guidance specific to your situation.