Probate in Texas
State-specific overview · Estate & Probate
Texas offers dependent and independent administration, with independent administration requiring no court approval of most executor actions.
How Texas treats Probate
Texas distinguishes between dependent administration (with court oversight) and independent administration (minimal court involvement), with independent administration being the default if the will authorizes it. In independent administration, the executor can sell property, pay debts, and distribute assets without obtaining court approval for each action. Texas also provides a muniment of title procedure for estates with no debts, allowing will validation without full probate. Small estates under $75,000 may qualify for simplified collection procedures.
The general definition of Probate
The court process of validating a will and distributing a deceased person's estate.
When someone dies, probate is the legal process where a court oversees the handling of their will and property. The court confirms the will is valid, identifies heirs and creditors, pays debts and taxes, and distributes what's left to the beneficiaries named in the will. It can take months or years and involves court fees and attorney costs.
Read the full Probate entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.