When a family member dies, the people left behind often face a court process while they are still grieving. In Texas that process is probate, governed by the Texas Estates Code. It is not always as long or as complicated as people fear, but it does come with deadlines, and knowing them early helps a family avoid problems later.
Under Section 256.001 of the Texas Estates Code, a will is not effective to prove title to, or the right to possession of, any property it disposes of until the will is admitted to probate. In practice, a will on its own generally cannot be used to transfer the house or retitle the car until a court has admitted it.
The Estates Code builds in time limits. Under Section 256.003, a will generally may not be admitted to probate after the fourth anniversary of the testator's death unless the applicant shows they were not in default in failing to present it on time, and letters testamentary may not be issued for a will admitted after that date unless the application was filed on or before the fourth anniversary. Section 301.002 separately requires an application for letters testamentary or of administration to be filed not later than the fourth anniversary of the death, with narrow exceptions. Families who wait too long can lose options they would otherwise have had.
The person who manages the estate is called the personal representative. Section 304.001 lists the order in which the court grants letters testamentary or of administration: first the person named as executor in the will, then a person designated as administrator as the statute allows, then the surviving spouse, the principal devisee, any devisee, the next of kin, a creditor, and others who qualify.
Not every estate needs a fully court-supervised administration. Which path fits depends on the will, the debts and the assets.
In an independent administration, the representative settles the estate with limited court involvement. Section 401.001 lets a person provide for it in a will, so that nothing further happens in the probate court beyond probating and recording the will and returning the required inventory, appraisement and list of claims. Section 401.002 allows all of the distributees, in some cases where the will does not provide for independent administration, to agree to it, unless the will prohibits it; the court still reviews the request.
Where the estate owes no unpaid debt other than debt secured by a lien on real estate, or the court finds for another reason that administration is not necessary, Section 257.001 allows the court to admit the will to probate as a muniment of title. Under Section 257.102, that order is sufficient authority for people holding the estate's assets to pay or transfer them to the beneficiaries named in the will without administration, and the beneficiaries may treat the property as if title were in their names.
When there is no will, Section 202.002 allows a court to conduct a proceeding to declare heirship, including when a person dies intestate owning property in Texas and there has been no administration of the estate. Under Section 202.001, that proceeding determines who the heirs are and their respective shares. The shares themselves follow the intestacy rules in Chapter 201.
Once appointed, a representative has duties with firm deadlines. With some exceptions, Section 308.002 requires the personal representative, including an independent executor or administrator, to give notice to each beneficiary named in the will whose identity and address are known or can be found through reasonable diligence, not later than the 60th day after the order admitting the will to probate. Section 308.051 requires the representative, within one month after receiving letters, to publish a notice to creditors in a newspaper of general circulation in the county where the letters were issued, and to send notice to the comptroller if the decedent remitted or should have remitted taxes the comptroller administers.
Section 309.051 requires the representative, before the 91st day after qualifying unless the court grants a longer period, to file a verified, full and detailed inventory of estate property, appraised at its fair market value on the date of death. If the decedent was married, the inventory must specify which property is separate and which is community. Section 309.056 allows an independent executor to file an affidavit in lieu of the inventory, appraisement and list of claims when all debts other than secured debts, taxes and administration expenses are paid and the beneficiaries have received a verified inventory and appraisement.
Probate can bring old tensions to the surface, and a will contest or a creditor dispute can turn a routine estate into litigation. The Bowen Law Firm, PLLC, a Houston firm whose practice includes probate and civil litigation, says on its probate page that it guides executors through the steps of probate and advises on contested wills and creditor claims. Bringing in a lawyer early can help a representative meet the deadlines above and keep the records the court expects.
Locate the will and any codicils. Order copies of the death certificate. Make a list of accounts, real estate, vehicles, debts and any assets with named beneficiaries. Keep a record of every expense paid on the estate's behalf. And hold off on distributing property until someone has legal authority to do so.
This article is general information, not legal advice. Every family's situation is different; for advice about yours, speak with a licensed Texas attorney.