Probate With a Will

Texas Probate Process: Probating a Will in Texas

If an individual dies with a Will, the Texas probate process will very generally consists of the following steps:

  • File the Application to Probate Will and Issuance of Letters Testamentary with the court.
  • Following a two-week waiting period, a hearing is held to prove the will is valid and contains all the required formalities under Texas law.
    After the will is admitted to probate, the executor takes the oath and the court issues letters testamentary.
  • Within 30 days after appointment, the executor must publish a notice to creditors regarding the appointment as executor. Within 60 days after appointment, the executor must notify secured creditors by certified mail.
  • Within 60 days after probate of the will, the executor must send a statutorily required notice to all beneficiaries under the will.
  • Within 90 days after probate of the will, the executor must file an inventory or, if eligible, an affidavit in lieu of inventory with the court.
  • Accept or reject claims against the estate by creditors within 30 days of receipt of claims
  • Pay taxes due on the estate, if any, and file a final tax return by April 15 of the year following the death of the individual.
  • After claims are paid, disburse remaining assets in the estate to beneficiaries as specified in the Will.

Find answers to frequently asked questions about Texas probate here.