Losing a loved one is never easy, and grief is the first and most important part of the process. However, handling that loved one’s estate to honor their wishes is usually not far behind. This process, called probate, can feel overwhelming, but understanding how it works can make it easier to manage.
At Massingill, we make the probate process clear and efficient for families. We’ve helped Texans handle all kinds of estates and know how to protect what matters most. In this post, we’ll discuss how to probate a will in Texas and the steps involved.
Submitting a Will to Probate
To begin the probate process after someone dies, an executor, authorized administrator, or interested party must file the will and a probate application in the probate court. You generally have four years after the death to file.
Testing the Will’s Validity
Once the court receives the application, it schedules a hearing with a judge who reviews the will to confirm its validity and that all interested parties received proper notice. Texas’s law requires that a valid will be:
- Written by someone of sound mind who is at least 18,
- Signed by the person making the will (the “testator”), and
- Witnessed by two credible people who are 14 or older.
If the will meets the above standards, the court can accept it for probate, meaning it can legally guide the handling of the estate.
Review of the Probate Application
The court will also review the probate application during the initial hearing. This application contains information about the deceased and their family, including:
- The applicant’s name, domicile, and identification information;
- The testator’s name, age, identification information, date and facts of death, and domicile;
- A statement about the property the testator owned;
- Contact information for the executor or administrator;
- The names of all witnesses to the will;
- Information about whether the testator divorced before writing their will;
- The names of the testator’s surviving children;
- Information about whether the will gives any property to a charity or the government; and
- Information about whether the executor or administrator is qualified to accept letters testamentary.
If the court finds the will valid and the probate application completed correctly, it will enter the will into probate and allow the personal representative to take over.
Duties and Powers of the Executor
The executor (or personal representative) is key in managing the estate. If the will names someone, the court usually honors that choice unless the person is legally disqualified.
Once the court approves the executor’s appointment, usually within 21 days of the will’s submission to probate, it issues letters testamentary. These official papers give the executor authority to act and perform certain duties over the estate.
Providing Notice to Beneficiaries and Creditors
One of the executor’s most important responsibilities is giving formal notice that the estate is in probate. Texas law requires notice to beneficiaries named in the will and creditors who may be owed money within 60 days after the will has been admitted to probate.
For beneficiaries, the notice must include the executor’s contact information and a copy of the will or information about gifts to the beneficiary and where the will was admitted.
The notice to creditors is slightly different. There are several types, and they include:
- Notice by publication (within one month). A general notice is published in a local newspaper, informing unknown creditors that the estate is in probate.
- Personal notice to secured creditors (within two months). Secured creditors must receive direct, written notice of probate.
- Optional notice to unsecured creditors (before administration closes). The executor can choose to send notice to unsecured creditors to limit how long they have to make claims.
These steps put a time limit on claims and help ensure that all legitimate debts are identified and paid before property is distributed to beneficiaries.
Inventory and Appraisement of Assets
Within about 90 days of appointment, the personal representative must file an inventory, appraisement, and list of claims with the court. This document lists everything the testator owned, their fair market values, and the testator’s marital status at the time of their death. This step ensures transparency and helps the court and beneficiaries understand the available assets.
Paying Claims and Distributing Assets
Before distributing assets, the personal representative must pay the valid debts and expenses of the estate. This includes:
- Funeral costs,
- Medical bills,
- Taxes, and
- Any other verified claims.
After they settle debts, the executor distributes the remaining assets according to the will.
Closing the Administration
Once the executor pays the estate’s debts and distributes its property, they must file a final accounting and can request to close the estate. The court reviews the records and, once satisfied, formally discharges the representative from duty. At this point, the probate process is complete, and the estate is officially closed.
How Long to Probate a Will in Texas?
The length of probate varies widely, ranging from a handful of months to several years. Its length can depend on the complexity of the estate and whether there is conflict between beneficiaries or creditors.
Interested parties can challenge the validity of a will, and they have two years from the opening of probate to do it. Some common reasons for a challenge include allegations that the testator lacked capacity or was unduly influenced to the wrong will was submitted or not correctly signed.
Will contests and challenges alone can turn a straightforward case into a lengthy legal matter.
How Much Does It Cost to Probate a Will in Texas?
Costs depend on the size and complexity of the estate. The basic filing fee for probate in Travis County is $360, and you might have to pay hundreds or thousands more to compensate a personal representative, a probate attorney, or an appraiser. We can help you get the results you need in probate court without unnecessary expenses.
Work Through It with Massingill
At Massingill, our respected team focuses on communication, efficiency, and care to help ensure your loved one’s wishes are honored and your legal responsibilities are met in probate. If you’re wondering how to probate a will in Texas or where to start, we’re here to help you find peace of mind through the process. Contact us online or call us today to schedule a confidential consultation.
Resources:
- Who may execute will, Tex. Est. Code § 251.001 (2017), link.
- Written, signed, and attested, Tex. Est. Code § 251.051 (2017), link.
- Eligible applicants for probate of will, Tex. Est. Code § 256.051 (2019), link.
- Required notice to certain beneficiaries after probate of will, Contents of notice, Tex. Est. Code §§ 308.002-308.003 (2023, 2014), link.
- Required notice regarding presentment of claims in general, Tex. Est. Code § 308.051 (2023), link.
- Required notice to secured creditor, Tex. Est. Code § 308.054 (2023), link.
- Permissive notice to unsecured creditor, Tex. Est. Code § 308.054 (2023), link.
- Granting of letters testamentary, Tex. Est. Code § 306.001 (2023), link.
- Period for contest, Tex. Est. Code § 256.204 (2014), link.
- General apportionment of estate tax; exceptions, Tex. Est. Code § 124.005 (2014), link.
- Verified account required, Contents of account, Tex. Est. Code §§ 362.003-362.004 (2014, 2014), link.
- Settling and closing administration of estate, Tex. Est. Code § 362.001 (2014), link.
Taylor County Clerk Probate Filing Fees & Procedures (Mar. 29, 2023), link.
Joshua Massingill
Joshua Massingill is an attorney practicing in Austin, Texas. He serves on the Texas State Bar’s Law Practice Management Committee, the Leander Educational Excellence Foundation (LEEF) Board of Directors, and the Success-Werx Board of Advisors. He mentors young entrepreneurs in Leander ISD’s INCubatorEDU program and is active in his church.
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