A Simple Guide to Probate in Texas
If you’ve recently lost a loved one, you may have heard the term “probate” and wondered what it means. Probate is the legal process of settling a person’s estate after they pass away. While it may sound complicated, the Texas probate process is designed to make transferring property as smooth as possible—especially if the person had a valid will.
As experienced probate attorneys in Texas, we often guide families through this process. Here’s a straightforward explanation of how probate works in Texas.
What Is Probate in Texas?
Probate is the court-supervised process of:
Proving that a will is valid (if there is one)
Identifying and collecting the deceased person’s assets
Paying debts, taxes, and expenses
Distributing the remaining property to heirs or beneficiaries
Not all estates require probate, but many do—especially when real estate or significant assets are involved.
Types of Probate in Texas
Texas offers several probate options, depending on the size and complexity of the estate:
Independent Administration – The most common and efficient form of probate in Texas. It allows the executor (named in the will) to handle most tasks without heavy court supervision.
Dependent Administration – Used when family disputes or creditor issues exist. It requires more court involvement.
Muniment of Title – A simplified process that transfers property when there is a valid will and no debts (other than a mortgage).
Small Estate Affidavit – Available when the estate is valued under $75,000 and there is no will.
How Long Does Probate Take in Texas?
The Texas probate timeline depends on the estate, but many cases can be completed within six to nine months. Complex estates with disputes may take longer.
Do You Need a Probate Attorney in Texas?
While it is possible to navigate probate without an attorney, most Texas courts require executors to be represented by a licensed lawyer. A Texas probate attorney helps:
Ensure all legal requirements are met
Speed up the process
Prevent costly mistakes and disputes
Simplify Probate With Experienced Guidance
Probate doesn’t have to be overwhelming. With the right help, the process can be smooth and efficient, giving families peace of mind during a difficult time.
At Allen Bryson Lamar, PLLC, our experienced Texas probate lawyers help clients across the state handle probate with clarity and compassion.
Contact us today to schedule a consultation with a probate attorney in Texas and take the first step toward settling your loved one’s estate with confidence.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.