Texas

Probate in Texas

Texas has a relatively straightforward probate process compared to states like California. Texas probate is handled by county courts — specifically, the county court at law or district court with probate jurisdiction. Many Texas counties have dedicated statutory probate courts in urban areas (Harris, Dallas, Tarrant, Travis, Bexar).

One of Texas's most useful features is its independent administration process. If the will authorizes independent administration (or all beneficiaries agree), the executor can manage and distribute the estate without ongoing court supervision. This significantly reduces costs and delays compared to dependent administration, which requires court approval at each step.

Texas probate typically takes 6–12 months under independent administration — shorter than the national average and far shorter than California's process. Court filing fees are generally low, and Texas does not use a statutory percentage fee schedule for executor compensation (reasonable compensation is the standard).

Simplified estate procedures

Texas offers several alternatives to full probate:

Small estate affidavit (Texas Estates Code §205): Available when the gross value of the estate (excluding homestead and exempt property) does not exceed $75,000. All heirs must sign the affidavit, and it must be approved by the court. Unlike some states, Texas requires a judge to approve the affidavit — it is not simply presented to a financial institution without court involvement.

Affidavit of heirship: A sworn statement by two disinterested witnesses identifying the deceased's heirs. It does not transfer title but, once filed with the county deed records for at least 10 years, creates a rebuttable presumption of heirship. Commonly used to clear title to real property without formal probate, particularly for rural land that has passed through multiple generations.

Muniment of title: As described above — the most efficient option when there is a will, no significant debt, and no need for an executor to actively manage the estate.

Death certificates

Certified copies of Texas death certificates are issued by the Texas Department of State Health Services (DSHS) and by local registrar offices. The cost is $20 per certified copy from DSHS; local registrar offices may have slightly different pricing.

Order online through VitalChek, by mail directly to DSHS, or in person at a local vital statistics unit. The funeral home will file the death certificate and typically orders initial copies — request at least 10 certified copies at that time.

Ordering additional copies: Contact DSHS Vital Statistics or your local county clerk. Processing time for mail orders is typically 4–6 weeks; in-person service at local offices is faster.

Estate and inheritance tax

Texas has no state estate tax and no inheritance tax. The federal estate tax applies only to estates above $13.61 million (2024 threshold). Texas is among the most favorable states for estate tax purposes.

Community property state

Texas is a community property state. Property acquired during marriage is generally owned equally by both spouses. At death, the deceased spouse's half of community property is distributed according to the will or Texas intestacy law; the surviving spouse retains their half automatically.

Texas also recognizes a specific type of community property: community property with right of survivorship. If the spouses have signed a written agreement designating property as community property with survivorship rights, it passes automatically to the surviving spouse without probate — similar to joint tenancy.

Notable rules

• Homestead exemption: Texas has one of the most generous homestead protections in the country. The homestead is exempt from most creditor claims during the deceased's life and continues to be protected for the surviving spouse or minor children. This is a constitutional protection, not merely a statutory one.
• Exempt property: Texas also exempts certain personal property from creditor claims — including vehicles, tools of the trade, furniture, and more — up to $50,000 per person or $100,000 for a family. These exemptions reduce the estate available to creditors significantly.
• Creditor claim period: Creditors have four months from the date the executor published notice to creditors (or from the date they received actual notice) to file a claim against the estate.
• Intestate succession: Texas intestacy law is more complex than most states, particularly for community property. If there is no will and the deceased has children who are not also children of the surviving spouse, the surviving spouse does not automatically inherit community property — the children may have a claim. A will is especially important for blended families in Texas.
• Four-year will filing deadline: Texas requires that a will be filed for probate within four years of the date of death, with limited exceptions. Missing this deadline can foreclose the ability to use the will entirely.

Key contacts

• Texas DSHS Vital Statistics (death certificates): dshs.texas.gov/vital-statistics
• Texas courts probate locator: txcourts.gov
• State Bar of Texas lawyer referral: texasbar.com