Probate & Trust Administration

Texas probate begins with filing an application in the county where the deceased lived. The court validates the will, appoints and qualifies the executor, and issues letters testamentary. The executor then administers the estate: notifying creditors, paying debts, and distributing assets to beneficiaries. Most Texas estates qualify for independent administration, which limits ongoing court involvement.

The probate application is filed in the county probate court within four years of the date of death for testate estates (with a will). The court sets a hearing date, typically two to four weeks out. At the hearing, the executor is sworn in and the will is admitted to probate. Letters testamentary are issued, giving the executor authority to act on behalf of the estate. The executor then publishes a creditor notice, manages estate assets, pays valid claims, and distributes the remainder. An attorney prepares the required filings, attends the hearing, and guides the executor through the administration.

A straightforward Texas probate administration, from filing to final distribution, typically takes four to twelve months. Simple estates with clear beneficiaries, no significant creditor claims, and cooperative heirs close faster. Estates with real property in multiple counties, disputed claims, or litigation take longer.

The initial probate hearing is typically scheduled two to four weeks after filing. The creditor notice publication period runs for two months. After that period, the executor can begin distributing assets. Estates with complex assets, real property that must be sold, or tax issues requiring estate returns take additional time. An attorney who is familiar with the applicable county court can give a realistic timeline estimate for a specific estate at the outset.

A Texas executor is the person appointed by the probate court to administer a deceased person's estate. The executor's duties include locating assets, notifying creditors, paying valid debts and taxes, filing required court documents, and distributing the remaining estate to beneficiaries according to the will.

The executor is a fiduciary: they must act in the interest of the estate and its beneficiaries, not in their own interest. Under Texas independent administration, the executor has broad authority to manage and sell estate assets without returning to court for each transaction. That authority comes with personal liability if the executor mismanages assets, pays invalid creditor claims, or distributes assets before debts are resolved. Most executors are not attorneys and benefit from legal guidance through the administration to avoid mistakes that create personal exposure.

Yes. Texas offers several tools for transferring assets at death outside of probate: beneficiary designations on financial accounts and life insurance, Lady Bird deeds and transfer-on-death deeds for real property, payable-on-death accounts, and revocable living trusts. Assets that pass through these mechanisms do not go through the probate court.

Whether probate avoidance is the right goal depends on the family's circumstances. Texas independent administration is relatively straightforward compared to many states, so the cost of probate here is lower than in places with mandatory supervised administration. For families with property in multiple states, a revocable trust avoids ancillary probate in each state. For families with simple assets and a well-drafted will, a combination of beneficiary designations and a Lady Bird deed for real property often achieves the same result at lower upfront cost.

An executor benefits from an attorney when the estate has real property, business interests, significant debt, potential creditor disputes, out-of-state assets, or when beneficiaries disagree. Even in a simple estate, an attorney ensures filings meet court deadlines and the executor avoids personal liability.

Executors who try to administer an estate without legal guidance most commonly run into problems with creditor notice requirements, real property transfer documents, and estate tax filings. Missteps at those stages can delay the administration, create liability for the executor, or result in assets being distributed before valid debts are paid. An attorney's involvement is not required by Texas law, but the cost of competent legal guidance is typically small relative to the estate and the risk of doing it wrong.