What is Probate in Texas?

Probate involves a court procedure to legally process and distribute an individual’s estate after they have died.  An estate without a Will is known as an intestate estate.  An estate with a valid, legal will is known as a testate estate.  If a Will only covers part of the estate, leaving the rest to pass under Texas intestacy laws—this is called partial intestacy.

Probate Timeline at a Glance

1. File Petition: Start the probate process with the court.
2. Determine Heirs or Probate the Will: Identify heirs or probate the Will.
3. Court Appointment: Executor or administrator is officially appointed in probate hearing.
4. Notify Creditors: Publish notice to creditors within 30 days of appointment. 
5. Gather & Inventory Assets: Open an estate account.  Locate, secure, and value estate property.
6. File Inventory within 90 days: Prepare and file an estate inventory with the court.
7. Manage Estate & Keep Records: Pay valid debts, pay expenses, and maintain documentation.
8. Communicate with Heirs: Keep beneficiaries informed.
9. Distribute Assets: Transfer property or sell and distribute proceeds to heirs or beneficiaries.
10. Final Accounting: Prepare and file an accounting for the court and beneficiaries or heirs.

Probate With and Without a Will

• If there is a Will: An application to probate the Will must be filed, and the original Will must be delivered to the court within three days of filing. The court will review the application and examine the Will to ensure it is valid. If accepted, the court will appoint the Executor named in the Will (or another qualified person if necessary).
• If there is no Will: The estate must go through a judicial Determination of Heirship to establish who the legal heirs are before the court can appoint an Administrator to handle the estate.

The term “probate” itself comes from the Latin word probare, meaning “to prove.” In essence, the probate procedure must prove the Will’s validity before it is admitted to probate.

What Does Probate Administration Involve?

Once an Executor or Administrator is appointed, they have the legal authority—and responsibility—to manage the estate. Probate administration may include:

• Identifying, securing, and managing estate assets
• Preparing and filing an inventory with the court
• Paying valid debts of the estate
• Filing or defending lawsuits on behalf of the estate
• Managing or selling estate property if necessary
• Distributing funds and property to beneficiaries or heirs
• Maintaining accurate financial records and providing an accounting

Until the court appoints an Executor or Administrator, no one has legal authority to take or distribute estate property. Family members should not remove, sell, or use a decedent’s property until it has been formally included in the probate process.

Executor vs. Administrator: What’s the Difference?

Both Executors and Administrators handle estate administration, but their appointment depends on the circumstances:

• Executor: Named in a valid Will and formally appointed by the court. They administer the estate according to the terms of the Will.
• Administrator: Appointed by the court when there is no Will (intestate estate) or when the person named in the Will cannot serve or declines to serve.

While the titles differ, their responsibilities are essentially the same: managing the estate and ensuring the law is followed.

Final Thoughts

Probate in Texas can range from straightforward to complex, depending on the size of the estate, whether there is a valid Will, and whether disputes arise among heirs or creditors. Because probate involves both legal and financial responsibilities, most people benefit from working with an experienced probate attorney to ensure the process is handled correctly and efficiently.

If you need guidance with the probate process in Texas, call (210) 588-9881 to schedule a free consultation with the Law Office of Laura Vale, PLLC.