Texas Probate FAQs

An uncontested independent administration typically takes between four and twelve months from filing to completion, depending on the estate’s complexity, the cooperation of the heirs, and the types of assets involved. A muniment of title proceeding can be much faster. Contested matters can take significantly longer.

Independent administration is a Texas procedure in which the executor or administrator handles the estate with limited court supervision, making it faster, cheaper, and less burdensome than the alternative. It is available when the will provides for it or when all heirs agree. Most well-drafted Texas wills include the necessary language; if yours does not, that is one of the easiest improvements to make.

Sometimes. A muniment of title can transfer property under a will without appointing a personal representative when the estate’s only assets requiring transfer are real property and there are no unpaid debts other than secured debts like a mortgage. A small estate affidavit is available in limited circumstances for modest estates where the person died without a will. An affidavit of heirship can help establish who owns real property when there was no will. We help determine which, if any, streamlined option fits.

A small estate affidavit is a sworn document that lets heirs collect a modest estate’s assets without full probate. It is available only in specific circumstances: the person died without a will, the qualifying estate value falls under the statutory limit (excluding the homestead and exempt property), the assets exceed the debts, a waiting period after death has passed, and all heirs, plus disinterested witnesses, sign. It can transfer personal property and, in limited cases, a homestead, but it cannot transfer other real estate or be used when a will exists. Because the eligibility rules are technical and the values must be precise, it is worth confirming that it actually fits before relying on it.

The person has died intestate, and the Texas Estates Code determines who inherits based on family relationships. A determination of heirship proceeding may be required to formally establish the legal heirs. This is generally more complicated, slower, and more expensive than probating a valid will, one of the strongest arguments for having a will in place.

Often yes, but it depends on what the deceased owned and how it was titled. Bank accounts and other assets with valid beneficiary or transfer-on-death designations may pass without probate, and assets held in trust pass under the trust terms. Assets in the deceased’s name alone, without beneficiary designations, generally require probate or an alternative procedure. We can assess exactly what your situation requires.

Yes to both. In Texas a will can be contested on grounds such as lack of testamentary capacity, undue influence, fraud, duress, or improper execution, and these contests generally must be brought within two years of the date the will is admitted to probate, with narrow exceptions, for example for fraud discovered later, or for someone who was a minor or incapacitated. A ‘no-contest’ or in terrorem clause can threaten a challenger’s inheritance, but Texas law does not enforce it against a contest brought in good faith and with just cause. With our litigation background, we handle will contests on both sides of these disputes.