What is Probate in Texas? A Step-By-Step Guide for Families
Learn what probate is in Texas, how the process works, how long it takes, and when it’s required in Harris and Montgomery Counties.
When a loved one passes away, families are often told they must “go through probate.” But what does that actually mean?
In Texas, probate is the legal process used to:
Validate a will (if one exists)
Appoint someone to manage the estate
Pay debts and taxes
Distribute remaining property to heirs
For many families in Harris and Montgomery Counties, probate is more straightforward than they expect — especially when there is a valid will and no disputes.
Below is a practical overview of how probate works in Texas.
Step 1: Determine Whether Probate Is Necessary
Not all assets go through probate.
Probate is typically required when:
The deceased owned real estate in their individual name
Bank accounts did not have payable-on-death beneficiaries
There are significant assets titled solely in the decedent’s name
Probate may not be necessary if:
All assets had beneficiary designations
Property was held in a trust
Assets were jointly owned with right of survivorship
(We will cover this in more detail in next week’s article.)
Step 2: File an Application With the Proper Court
Probate is filed in the county where the person resided.
For example:
Residents of Houston typically file in Harris County Probate Court
Residents of The Woodlands or Conroe often file in Montgomery County
An Application for Probate is prepared and filed with the court.
Texas law requires that the application remain posted for at least 10 days before a hearing.
Step 3: Attend a Probate Hearing
At the hearing, the court determines:
Whether the will is valid
Whether the applicant is qualified to serve
Whether the estate qualifies for independent administration
If approved, the court issues Letters Testamentary (or Letters of Administration).
These documents allow the executor to act on behalf of the estate.
Step 4: Notify Creditors and Gather Assets
After appointment, the executor must:
Notify certain creditors
Publish required notices
Identify and secure estate assets
Texas allows many estates to proceed as independent administrations, meaning minimal ongoing court supervision.
This makes the process significantly more efficient than in many other states.
Step 5: Pay Debts and Distribute Assets
The executor:
Pays valid debts
Files required inventory or affidavit
Distributes remaining property to heirs
Once complete, the estate can be formally closed (or remain open if appropriate).
How Long Does Probate Take in Texas?
Uncontested probate cases often take:
3–6 months for basic administration
Longer if property must be sold or issues arise
Contested cases can take substantially longer.
How Much Does Probate Cost?
Costs typically include:
Court filing fees
Publication fees
Attorney’s fees
Many uncontested probate matters in Texas can be handled on a flat-fee basis.
(We will discuss probate costs in detail in a future article.)
Final Thoughts
Probate in Texas is often more manageable than families expect — especially when handled efficiently and early.
If you are dealing with a recent loss and need guidance through the probate process in Harris or Montgomery County, speaking with a probate attorney can provide clarity and direction.
