What Happens During the Probate Process?
When someone passes away in Texas, their estate often goes through a legal procedure called probate. This process involves validating the will, paying debts and taxes, and distributing remaining assets to heirs or beneficiaries. While probate is a routine procedure, it follows specific steps under Texas law.
At Russell Manning Law PLLC, I understand how probate unfolds and how it can help families prepare and reduce potential delays. Below is a clear breakdown of what happens during the probate process in Texas.
Filing the Application for Probate
The process typically begins when an interested party—usually a family member or someone named in the will—files an application for probate in the probate court of the county where the deceased lived.
If the decedent had a will, the application asks the court to admit the will to probate and appoint the executor named in the document. If there’s no will, the court will consider appointing an administrator to handle the estate.
In either case, the person seeking appointment must file the necessary paperwork and comply with Texas Estates Code requirements.
Once the application is filed, there’s a mandatory waiting period before the court can act. Texas law requires a notice to be posted at the courthouse to give interested parties a chance to contest the will or the application.
Attending the Probate Hearing
After the notice period, the probate court holds a hearing. At this hearing, the judge determines whether the will is valid and whether the person applying to manage the estate is eligible.
If the will is self-proving—meaning it was signed in front of witnesses and includes the proper affidavits—it can often be admitted without needing testimony from the witnesses. If not, the court may require additional evidence or testimony.
Once the court admits the will (or confirms there isn’t one), it formally appoints the executor or administrator and issues Letters Testamentary or Letters of Administration. These legal documents give the personal representative the authority to act on behalf of the estate.
Gathering and Valuing Estate Assets
Once the court appoints the personal representative, they must identify and collect all assets that belong to the estate. This includes both real property and personal property. Some common examples include:
Bank accounts
Real estate holdings
Investment accounts
Vehicles and personal property
Business interests
Not all property goes through probate. Assets with named beneficiaries, such as life insurance or retirement accounts, typically pass outside of the estate. Jointly held property with rights of survivorship usually transfers directly to the surviving co-owner.
After gathering the assets, the representative needs to determine their value. This may involve obtaining appraisals or using current market data. Texas law requires filing an inventory, appraisement, and list of claims with the court unless an affidavit in lieu of inventory is allowed.
Notifying Creditors and Paying Debts
The personal representative must notify known creditors of the probate proceeding. Texas law also requires publishing a general notice to potential creditors in a local newspaper.
Creditors then have a specific window of time to file claims against the estate. The representative must review these claims and decide which ones are valid. Valid debts must be paid from the estate before any distributions to heirs.
Some typical debts that may arise include:
Medical bills
Funeral expenses
Credit card balances
Mortgage payments
Income taxes or property taxes
Failure to handle these obligations properly can result in legal and financial consequences for the estate and possibly the representative.
Filing and Paying Taxes
Tax matters are another part of the probate process. The personal representative must file any final income tax returns for the deceased and pay any federal or state taxes owed.
Texas doesn’t have a state estate tax, but larger estates may still be subject to the federal estate tax. It’s the representative’s responsibility to determine whether this applies and to handle any filings or payments needed.
If the estate earns income during the probate period—for example, through interest or dividends—then an estate income tax return (IRS Form 1041) may also be required.
Resolving Disputes and Will Contests
Occasionally, someone may challenge the will or object to how the estate is being managed. Disputes can arise between beneficiaries, creditors, or even third parties who believe they have a claim to the estate.
Some common issues include:
Allegations of undue influence or fraud
Disputes about property ownership
Claims from omitted heirs
Concerns about the executor’s actions
If a will contest or other litigation occurs, the probate process can take significantly longer. The court will resolve these issues before allowing the estate to close.
Most disputes are resolved through court proceedings, though mediation is sometimes used to reach a settlement. The personal representative must continue performing their duties while the dispute is ongoing.
Distributing the Remaining Assets
Once all debts, taxes, and disputes are resolved, the personal representative can distribute what’s left of the estate. If there’s a valid will, the representative follows its instructions. If there’s no will, the estate is distributed according to Texas intestacy laws.
Texas intestacy laws give priority to spouses, children, parents, and siblings. The exact distribution depends on the deceased’s family structure at the time of death.
It’s important for the representative to document all distributions and obtain receipts from the beneficiaries. This helps protect against future claims that the estate was mishandled.
Closing the Estate
The final step in probate is closing the estate. The personal representative may need to file a final accounting with the court, showing all transactions involving estate assets, income, debts, and distributions.
If the court finds everything is in order, it will issue an order closing the estate and releasing the personal representative from further duties. At that point, the probate process is complete.
The time required to complete probate varies. Some estates are finalized within six months, while others may take over a year, especially if disputes or complications arise.
Alternatives to Formal Probate
Texas offers a few alternatives to formal probate for smaller or simpler estates. These options can help reduce the cost and time involved in the process.
Some of the more common alternatives include:
Small estate affidavit: Available when the total value of the estate (excluding homestead and exempt property) is $75,000 or less and there’s no will.
Muniment of title: Allows a will to be probated without appointing an executor, typically when there are no debts other than a mortgage.
Affidavit of heirship: Used to establish ownership of real property when the decedent didn’t leave a will and formal probate isn’t required.
These options aren’t available for every situation. A court will decide whether they apply based on the facts of the case.
Choosing a Personal Representative
The personal representative—whether an executor or administrator—plays a key role in the probate process. They must act in the best interests of the estate and comply with their legal obligations.
Texas law sets basic qualifications for serving in this role. For example, the person must be at least 18 years old, mentally competent, and not a convicted felon.
Being named in a will doesn’t automatically mean the court will appoint that person. If they’re unwilling or unable to serve, or if other issues exist, the court may appoint someone else.
Probate and Property Title Transfers
Probate often plays a critical role in clearing title to property, especially real estate. A court order admitting a will to probate and issuing Letters Testamentary helps show that the executor has the legal authority to transfer title.
Heirs or beneficiaries may need certified copies of probate documents to update deeds, vehicle titles, or financial accounts. Without proper documentation, transferring ownership can be delayed or denied.
Title companies and financial institutions usually require probate paperwork before completing a transfer. That’s one reason timely action in probate is important.
Probate and Family Concerns
In addition to legal steps, probate often involves emotional considerations. Disputes among relatives, grieving family members, or confusion about a will’s meaning can complicate matters.
Texas law provides procedures for resolving disagreements, but not every issue is legal in nature. Family communication can make a difference, especially when expectations don’t match reality.
Executors and administrators should try to keep beneficiaries informed. Providing regular updates, accurate timelines, and documentation can help avoid misunderstandings and reduce friction.
Working with a Probate Attorney
While some people attempt probate without legal help, Texas law and court procedures can be difficult to follow without guidance. Filing mistakes, missed deadlines, or incorrect distributions can create legal problems or delay the estate’s closure.
Probate attorneys assist with filing applications, attending court hearings, preparing inventories, communicating with creditors, and handling tax issues. Their involvement can also reduce disputes and help personal representatives meet their responsibilities under Texas law.
The probate process in Texas involves a series of structured steps, from filing the initial application to closing the estate. Whether someone leaves a will or not, the goal is the same: settling their affairs and transferring their assets to the right parties under the law.
By understanding each part of the process, those involved can move through probate more efficiently and with fewer obstacles. While probate doesn’t always proceed quickly, a clear approach and proper handling of legal duties help bring resolution to a difficult period.
Call Russell Manning Law PLLC Today
Families and personal representatives in Texas who are preparing for probate benefit from knowing their responsibilities, the court’s expectations, and the importance of following proper procedures at each stage. I serve Corpus Christi, South Texas, the Coastal Bend area, Kleberg County, Nueces County, Live Oak County, Jim Wells County, Aransas County, and Victoria County . Call Russell Manning Law PLLC today to get started.