2026 Guide to the Probate Process in Texas

The probate process in Texas refers to the legal steps of settling a deceased person’s estate. It includes everything from determining the validity of a will, identifying assets, paying debts, and distributing property. The process can quickly get complicated depending on whether you must follow dependent or independent administration. Probate is intimidating, especially if you are unfamiliar with the process. That is where we come in.

At Henington Lewis Law Firm PLLC, we help Texas families navigate probate. Led by Samantha Lewis, a Texas attorney with nearly a decade of experience in estate law and formal training in estate planning from Baylor Law, our firm is rooted in a belief that probate does not have to be overwhelming. We bring a strategic and empathetic approach to every case, informed by personal experience with probate and a professional mission to simplify what others often overcomplicate.

What Is Probate?

Probate is the process of settling a deceased person’s (decedent’s) estate, managing the payment of debts, and distributing assets. Any assets the decedent owned at the time of death that cannot transfer ownership outside of probate must go through the process. So, if the decedent used a will to direct where property should go or did not leave a will or a way for property to transfer, the estate must go through probate, which also affects how long you have to transfer property after death in Texas.

It is common for individuals to own assets that avoid the need for probate. Non-probate assets, like trusts or life insurance, usually do not require probate to transfer ownership to heirs. If you’re unsure about specific accounts, such as do 401ks and retirement accounts go through probate, speaking with a probate attorney can help clarify.

Who Is Involved in the Probate Process in Texas?

Typically, the probate process involves:

• The estate’s personal representative. The executor or administrator is the personal representative who manages the estate. The will names an executor, while the court appoints an administrator when the decedent did not leave a valid will.
• The probate court. The judge who oversees the probate process.
• Interested parties. Individuals who are entitled to receive property, including beneficiaries named in a will, heirs who inherit under state law when no valid will exists, and creditors to whom the decedent owed debts. In some estates, this includes surviving spouses — and it’s not uncommon for families to ask does a surviving spouse need probate in Texas.

The executor or administrator carries out the processes that move probate forward. Because the process can be complex, the personal representative often hires a lawyer to assist. Interested parties may also hire attorneys if they have concerns about the process.

How to Start the Probate Process in Texas: Will vs. No Will

Starting the probate process differs depending on whether the person left a valid will. If the decedent left a will that named an executor, that person generally brings the will to the probate court and files a probate application, a formal request to open the probate estate.

If the decedent did not leave a will, the named executor is unable or unwilling to serve, or you cannot find a will, an interested person can file the probate application. Either way, filing occurs in the county where the deceased person lived.

If the person died intestate, meaning without a valid will, the court declares the estate intestate and appoints an administrator to distribute assets based on Texas intestacy laws, which prioritize:

• Spouse,
• Children,
• Parents, and
• Siblings.

Probate without a will may take extra time, as the court must determine heirs and decide how to distribute assets with few instructions.

Steps in the Texas Probate Process

If the decedent had a will, the court determines whether it is valid and can allow interested parties to object to it. After that, the steps in the Texas probate process include:

• The named executor or another interested party requests court appointment;
• The court determines whether to appoint the applicant; and
• If the court finds the applicant suitable, it officially appoints them and grants them powers to manage the estate.

Once officially appointed, the representative must:

• Notify creditors and other interested parties about probate,
• Inventory and appraise assets,
• Pay estate debts and taxes, and
• Distribute remaining assets.

When the representative completes all tasks, they ask the court to close the estate.

Dependent vs. Independent Administration

Texas law allows two types of estate administration, independent and dependent. The type affects the level of court oversight and how quickly the process tends to move.

Independent administration allows the representative to manage the estate without getting court approval at every step. By contrast, dependent administration requires the representative to regularly seek court approval, including for paying bills and distributing assets.

You may use independent administration if the will authorizes it or the heirs jointly agree. The court may require dependent administration if heirs disagree or a conflict appears likely.