The short answer
Texas probate is one of the simpler systems in the country, because most estates can use independent administration: the court appoints the executor, and after that the executor handles the estate with little court supervision. If the estate has no debts except a mortgage, a will can often be probated as a muniment of title, which skips administration altogether. Estates without a will have their own shortcuts.
Texas courts generally expect you to have a lawyer for probate. The State Law Library and TexasLawHelp both say almost every probate case needs one. The exception is the small estate affidavit.
The five main paths
| Path | Use it when | Court involvement |
|---|---|---|
| Independent administration | There's a will (that doesn't forbid it), or the heirs agree | Appointment hearing, then little supervision |
| Muniment of title | There's a will and no unpaid debts except those secured by real estate | One hearing; no executor is appointed |
| Small estate affidavit | No will; estate (excluding the homestead and exempt property) is $75,000 or less | Judge approves the affidavit |
| Affidavit of heirship | No will (or a will that wasn't probated in time) and the family needs to show who owns real estate | None; recorded in the deed records |
| Dependent administration | The family disagrees, the estate owes a lot, or independent administration isn't available | Court approves most steps |
Independent administration
This is the default for most Texas estates with a will. The executor applies to the county court, attends a short hearing, and receives letters testamentary. After that, the executor can sell property, pay debts and distribute without asking the court for permission at each step, unless the will forbids it. Without a will, the heirs can agree to independent administration.
Deadlines once you're appointed:
- Within 1 month: publish a notice to creditors in a local newspaper.
- Within 2 months: send notice to known secured creditors, such as the mortgage lender, by certified mail.
- Within 90 days: file an inventory and appraisement. An independent executor can instead file an affidavit in lieu of inventory if the only unpaid debts are secured debts, taxes and administration costs, and the beneficiaries have received a copy of the inventory. That keeps the list of assets out of the public record.
Since September 1, 2025 (HB 3421), the inventory also has to say whether the decedent was married and whether each asset is separate or community property.
Muniment of title
A muniment of title is the cheapest way to probate a will in Texas. The judge admits the will, and the court order itself becomes the document that transfers ownership. You record it in the deed records to put the house in the beneficiary's name. No executor is appointed, and there's no inventory or creditor notice.
It's available only if the estate has no unpaid debts other than debts secured by real estate, such as a mortgage, or if the court finds administration isn't needed. It's also the only option left if you probate a will after the 4-year deadline.
The 4-year rule
A will generally can't be probated more than four years after the death unless the person applying wasn't at fault for the delay (Estates Code 256.003). Even then, the court won't appoint an executor; the will can only be admitted as a muniment of title, and you have to notify the heirs. If the heirs sold the house in good faith after four years without knowing about the will, the buyer keeps it.
This is how many Texas families end up with heirs' property: a parent dies, the family never probates the will, and years later nobody can sell the house or get clear title. If you have a parent's will, file it, even if there's nothing else to do.
Small estate affidavit
If there's no will, at least 30 days have passed, nobody has asked to be appointed administrator, and the estate (not counting the homestead and exempt property) is worth $75,000 or less, the heirs can file a small estate affidavit. The judge has to approve it. If the homestead is the only real estate, the approved affidavit can transfer it once it's recorded in the county deed records. It can't transfer other land. Details are in our small estate affidavit guide.
Affidavit of heirship
When there's no will and no probate case, families often record an affidavit of heirship in the county deed records. It's signed by someone who knew the family (TexasLawHelp says it also needs two disinterested witnesses), and it lists the family history and who inherited. No court approves it, and it doesn't bind heirs who were left out or creditors. Whether a title company will insure a sale based on one is up to the title company. After five years in the records, it becomes prima facie evidence of who the heirs are.
When the family history is complicated or disputed, a court determination of heirship gives a judgment instead.
How much Texas probate costs and how long it takes
Court filing fees are usually a few hundred dollars, around $300 to $400 in many counties. Check your county clerk's fee schedule. Attorney fees vary widely. A straightforward muniment of title often costs a couple of thousand dollars in total, while an independent administration commonly runs from a few thousand to $10,000 or more. These are estimates from Texas firms' published fees, not official figures. An uncontested independent administration usually takes six months to a year. See how much probate costs for comparisons with other states.
The house during Texas probate
- The surviving spouse can stay. Under the Texas Constitution and Estates Code 102.005, the homestead can't be partitioned among the heirs while the surviving spouse chooses to live there, even if the children inherit it.
- Property taxes keep coming. The executor pays them from estate funds. The deceased owner's homestead exemption and over-65 ceiling end. See property taxes on an inherited house.
- Heirs who live in the house can claim the homestead exemption even before the title is cleared, as "heir property" owners. File Form 50-114 with an affidavit of ownership, the death certificate and a utility bill. Other heirs who live there have to sign affidavits too. See the Texas homestead exemption.
Who inherits without a will in Texas depends on whether the property was community or separate, and whether the children are also the surviving spouse's. See who inherits if there's no will.
Quick answers
Is probate required in Texas?
Not always. A house passed by transfer on death deed (Texas allows them), joint ownership with survivorship, or a living trust avoids it. Otherwise, some court process is usually needed to transfer real estate, even if it's just a muniment of title or a small estate affidavit.
Is there a deadline to probate a will in Texas?
Four years from the date of death. After that, a will can usually only be admitted as a muniment of title, and only if the applicant wasn't at fault for the delay.
Can I do probate in Texas without a lawyer?
Generally only for a small estate affidavit. Courts expect executors and administrators to be represented.
Sources
Texas Estates Code chapters 202, 203, 205, 256, 257, 258, 308, 309, 355 and 401 and section 102.005 (read via texas.public.law); HB 3421 (89th Legislature, 2025) enrolled text; Texas Comptroller property tax exemption guidance; the Texas State Law Library probate guide and TexasLawHelp's "Handling an Estate." Fee and timeline ranges are estimates from published Texas law firm and county information. This is general information, not legal advice.