Estate settlement · TX

Probate in Texas.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Texas estate attorney for the specifics of your situation.

Small estate threshold

Estates under $75,000

Texas has multiple small-estate paths. The Small Estate Affidavit (Estates Code §205) works when the estate (excluding homestead and exempt property) is $75,000 or less, there's no will, and the family meets specific conditions. Wait 30 days after death.

Typical timeline

6–12 months for full probate

Texas offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.

Texas requires an attorney for full probate. Plan for $1,500–$5,000+ in legal fees on top of court costs.

Notable quirks

What makes Texas different.

Texas is a community-property state.
Texas REQUIRES an attorney for full probate — most states don't.
Texas offers 'independent administration,' which is faster and less court-supervised than dependent administration. Most wills include the magic words 'independent executor' to enable this.
If there's no will, the heirs can agree to independent administration, but it requires unanimous consent.
Muniment of Title — a Texas-specific procedure that lets a will be probated as evidence of title transfer without full administration. Useful when the only assets are real estate.

Community property state

Texasis a community-property state. In general, property acquired during marriage is owned half by each spouse — meaning the surviving spouse already owns half, and only the deceased’s half passes through the estate. This significantly affects what gets probated and what passes automatically to the spouse.

Key forms

What the executor will file.

Application for Probate of Will and Issuance of Letters Testamentary
Opens probate when there's a will.
Application for Letters of Administration
Opens probate when there's no will.
Small Estate Affidavit (Estates Code §205)
For estates ≤$75,000 (excluding homestead). No will required.

Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the Texas courts and bar association — the source of truth for current forms, fees, and procedures.

Other states

We have probate guides for the 10 most populous states. Pick another:

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Texas estate attorney.

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