Executive Summary

• Texas probate can be relatively quick and inexpensive compared with probate in many other states when the will is properly prepared and executed.
• A properly drafted will should generally allow the estate to use independent administration, which minimizes ongoing court supervision.
• Per Texas Estates Code Chapter 401.001 the typical probate process is as follows:
  1. File an application with the probate court asking that the will be admitted to probate.
  2. Post required notice after filing the application.
  3. Attend a short court hearing, typically lasting only about 5–10 minutes. The judge admits the will and appoints the executor.
  4. The executor receives Letters Testamentary, which establish the executor’s authority to act for the estate with banks, financial institutions, the DMV, utilities, etc.
  5. Notify creditors and give them an opportunity to file claims against the estate.
  6. Notify the beneficiaries named in the will.
  7. Prepare and file an inventory of the estate’s assets with the court.
  8. Pay the estate’s debts and expenses.
  9. Distribute the remaining assets to the beneficiaries according to the will.

How do I probate a will in Texas with independent administration? Well, probating a will in Texas usually takes less time and money than probating a will in other states as long as the will is properly written and executed (signed and notarized). This is all the more reason to use a good estate planning attorney when getting your will made. I certainly would not use random forms you can buy on the internet. Missing even just a simple word or two can make a huge difference, and these forms often are missing much more than that. And I promise you that I’m not just saying this because I’m an estate planning attorney.

Photo by Melinda Gimpel on Unsplash

But assuming the will is written and signed appropriately, then the court should allow what is called an independent administration per Texas Estates Code § 401.001. This type of administration is what makes probate in Texas faster and less expensive than probate administrations in other states. Below is a general description of the steps that need to be taken.

1. File the application to admit the will with the probate court.

2. Post notice of the probate administration after the application is filed.

3. After a certain waiting period attend a short court hearing that typically only takes like 5-10 minutes. At this hearing the judge will legally recognize the will and appoint an executor for independent administration. Assuming things go well this will be the only time that the executor will need to go to court during the entire probate process.

4. Right after the hearing the executor will get what are called letters testamentary from the county clerk. These documents serve as proof to third parties (financial institutions, the DMV, utility companies, etc.) that the executor has the authority to make decisions on behalf of the estate.

5. Officially notify creditors to give them the opportunity to file claims against the estate.

6. Officially notify all the beneficiaries named in the will.

7. Put together an inventory of the estate that is filed with the court.

8. Pay off any debts owed by the estate.

9. After the debts and expenses of the estate are paid off, the remaining assets are distributed to the beneficiaries per the terms of the will.

There are of course nuances to these steps that I did not spell out in detail, and various complications can arise depending on the facts of the particular case. But this is a general roadmap to follow for probating a will in Texas with independent administration.

If you have any questions, please ask me in the comments section below or contact me directly.