Probate in one paragraph
Probate is the court process that confirms a will is valid and gives someone the legal authority to settle the estate. That person, the executor, gathers what the person owned, pays their final bills, and passes the rest to the people named in the will. In Texas, probate is usually simpler and cheaper than its reputation.
The first few weeks
- Order several certified copies of the death certificate.
- Find the original will. Check desks, safes and safe deposit boxes.
- Secure the home and vehicles, and keep insurance in force.
- Don’t pay debts from your own money, and don’t give away property yet.
- Start a list of bank accounts, retirement plans, life insurance and bills.
Nothing has to be filed with the court in the first week. Take the time you need.
The steps, in order
- 1
File the application
The executor, through a lawyer, files the original will and an application with the court in the county where the person lived. For Williamson County, that’s in Georgetown.
- 2
Wait out the notice period
The court clerk posts a public notice. The hearing can be held once the notice has been up for at least 10 days. In practice, most hearings happen 3 to 5 weeks after filing.
- 3
Go to a short hearing
The executor answers a few questions in front of the judge, usually in 10 to 15 minutes. If the will is “self-proved” (it has a notarized page signed by the witnesses), the witnesses don’t need to come.
- 4
Receive letters testamentary
After the executor takes an oath, the clerk issues letters testamentary. This is the document banks and other companies ask for before they will deal with the executor.
- 5
Send notices
The executor publishes a notice to creditors in a local newspaper within a month, notifies the beneficiaries within 60 days of the will being admitted, and files proof of those notices within 90 days.
- 6
File the inventory
Within 90 days, the executor lists what the person owned and what it was worth, and files it with the court. In some estates a sworn statement can be filed instead.
- 7
Pay bills, then distribute
The executor pays valid debts and taxes, then transfers what’s left to the beneficiaries. When that’s done, the estate can be closed.
How long it takes
A simple estate usually takes 6 to 12 months from filing to the final distribution. Selling a house, running a business or a family disagreement can add months. One deadline matters early: a will should generally be filed for probate within four years of the death.
Simpler options in Texas
- Muniment of title. If the only debts are secured by a lien on real estate, such as a mortgage, the court can accept the will as a transfer document without appointing an executor. It’s often the quickest and least expensive route.
- Small estate affidavit. If there’s no will and the estate (not counting the homestead and certain exempt property) is worth $75,000 or less, the heirs may be able to use a sworn affidavit instead of a full probate.
- Accounts with a named beneficiary. Life insurance, retirement accounts and “payable on death” bank accounts usually go straight to the named person, outside probate.
- Transfer on death deed. A home with a recorded transfer on death deed passes to the named person without probate.
What it costs
Court costs and the newspaper notice are usually a few hundred dollars, paid from the estate. Legal fees vary. Many Texas probate lawyers, including us, offer flat fees for simple estates. Ask for the total before you start.
What if there’s no will?
Texas law decides who inherits, based on family relationships. The court usually has to formally decide who the heirs are, which takes longer and includes a court-appointed lawyer who looks out for any heirs nobody knows about.