Last updated July 18, 2026
Probate is the court process that moves a decedent’s Texas property to the people entitled to it. What makes Texas different is graduation: the Estates Code offers everything from a one-order shortcut with no executor at all to a fully supervised administration — and the facts of the estate, not preference, decide which path is open. This is general information about Texas law, not legal advice.
The court and the county (ss. 32.002, 33.001)
Twelve counties have specialized statutory probate courts; in the rest, the county court (or a county court at law exercising probate jurisdiction) has original jurisdiction, with contested matters assignable under chapter 32. Venue is the county of the decedent’s residence (s. 33.001). Find your court in the county-by-county guide.
The five paths, cheapest sufficient first
Muniment of title (ch. 257)
A valid will + no unpaid non-secured debts + no need for administration → the will is admitted as a title document. One application, one hearing, one order. Texas-unique.
Small estate affidavit (ch. 205)
Intestate, $75,000 or less excluding homestead and exempt property, solvent, 30 days elapsed, no PR application → heirs collect by judge-approved affidavit.
Independent administration (ch. 401)
The workhorse: the will names an independent executor (or all distributees consent), letters issue, and the estate is administered largely free of court supervision — the affidavit in lieu of inventory (s. 309.056) keeps even the asset list private.
Dependent administration
No basis for independence → the court supervises: bond (ch. 305), approvals for transactions, annual accounts. The most protective and the most expensive path.
Heirship without administration (chs. 202-203)
When intestate heirs need title established but nothing needs administering: a judicial determination of heirship, or the recorded affidavit of heirship for the nonjudicial route.
The statutory clocks
- • Four years from death to probate a will — after that, muniment-only with a not-in-default showing (s. 256.003).
- • One month after letters to publish the creditor notice (s. 308.051).
- • Sixty days after admission to notify will beneficiaries (s. 308.002).
- • Ninety days for the inventory or the affidavit in lieu (ss. 309.051, 309.056).
Which path fits this estate?
Our deterministic engine applies the actual statutory tests to your answers — the path, the considered alternatives with the reason each was rejected, the filing roadmap with its statutory hooks, and every deadline computed to the day. Free.
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Start the free Texas probate assessmentGeneral information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.
Frequently asked questions
- Is probate always required in Texas?
- No. Assets with beneficiary designations, survivorship rights, a recorded transfer on death deed, or a funded living trust pass outside probate. When court involvement IS needed, Texas offers graduated paths — muniment of title and the small estate affidavit involve almost no administration at all.
- Which court handles probate in Texas?
- It depends on the county (Tex. Est. Code s. 32.002). Twelve counties have specialized STATUTORY PROBATE COURTS (Gov't Code ch. 25). In counties with a county court at law exercising probate jurisdiction, it shares original jurisdiction with the county court; everywhere else the constitutional county court hears probate, with contested matters assignable or transferable under ch. 32.
- Where is probate filed?
- Venue is in the county where the decedent resided, if the decedent had a Texas domicile or fixed place of residence (s. 33.001(1)); non-resident decedents follow the alternative venue rules. File with the county clerk — see our county-by-county guide for your court.
- What are the five Texas administration paths?
- (1) INDEPENDENT ADMINISTRATION (ch. 401) — the Texas default in practice, largely free of court supervision; (2) MUNIMENT OF TITLE (ch. 257) — the will is admitted as a title document, no executor at all; (3) SMALL ESTATE AFFIDAVIT (ch. 205) — qualifying intestate estates of $75,000 or less; (4) DEPENDENT ADMINISTRATION — full court supervision with bond and approvals; (5) HEIRSHIP WITHOUT ADMINISTRATION (chs. 202-203) — establishing who inherits when no administration is needed.
- What deadlines matter most?
- The FOUR-YEAR limit to probate a will (s. 256.003); the one-month clock to publish notice to creditors after letters issue (s. 308.051); sixty days to notify will beneficiaries after admission (s. 308.002); and ninety days for the inventory — or the affidavit in lieu of inventory in an independent administration (ss. 309.051, 309.056).
General information about Florida law, not legal advice.