Probate in Texas: Your Most Common Questions Answered
Navigating probate after the death of a loved one can feel overwhelming, especially in a time of grief. Many families are left asking the same questions: Do we have to go through probate? What if there’s no will? How long will this take?
In Texas, probate is the court-supervised legal process used to recognize a will (if one exists) and appoint an executor or administrator to distribute the decedent’s property, pay debts, and handle remaining affairs. While the process can vary based on the complexity of the estate, understanding the basics can bring clarity and peace of mind.
Here are answers to some of the most frequently asked probate questions in Texas:
1. My loved one died without a will — do I need to probate the estate?
It depends. Probate is only necessary if there are assets that need to be legally transferred, such as real estate, bank accounts, or retirement funds that were solely in the decedent’s name. Without a will, Texas law (specifically, the Texas Estates Code) determines who inherits the estate.
A probate attorney will help you assess the situation, asking questions like:
- Are there significant debts?
- What assets are in the decedent’s name?
- Are any accounts or properties held jointly or with named beneficiaries?
Not every estate requires formal probate. Some small estates may qualify for simplified alternatives, like a Small Estate Affidavit, but it's important to evaluate this with an attorney familiar with Texas probate law.
2. There is a will — do we still need to go through probate?
Yes, typically. Having a will doesn’t automatically bypass probate. The will must be filed with the probate court to become legally effective. This process validates the will and gives the named executor legal authority through “Letters Testamentary.”
The need for probate depends on what assets need to be transferred and whether they’re properly titled or designated to beneficiaries. Probate is likely required if the estate includes real estate, investment accounts, or bank accounts without beneficiary designations.
3. Can I probate the estate myself without hiring a lawyer?
In most Texas counties, no — you’ll need a licensed attorney. Texas courts generally require legal representation for probate proceedings, especially when someone is acting on behalf of the estate (like an executor or administrator). This ensures the process is handled correctly and complies with court procedures and state laws.
4. There’s a bank account with no beneficiary listed. How can I access it?
If the account was solely in the decedent’s name and no beneficiary was designated, the financial institution will typically require Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). These legal documents are issued by the probate court and give the estate’s personal representative authority to manage and access estate assets.
If there is no will, an Heirship Determination may be needed before Letters of Administration can be issued.
5. I’m the executor, but the will is locked in a safe deposit box. What now?
Don’t worry — this is a common issue. A probate attorney can help file a motion with the court requesting access to the safe deposit box. Once approved, a court order will allow the contents of the box to be inventoried, and the original will retrieved for filing with the probate court.
6. How long does probate take in Texas?
The timeline varies depending on the complexity of the estate and whether the probate is contested. On average, a straightforward probate case can take 3 to 6 months. More complex cases, especially those involving real estate, disputes, or heirship issues, can extend to 9–12 months or longer.
7. How much does probate cost?
Costs can vary by county and complexity, but probate in Texas is generally more affordable than many expect. Filing fees, attorney fees, and court costs are typical. Our goal is to make the process smooth and as cost-effective as possible.
Probate can be complex — let us clarify the rest.
Losing someone is never easy, and navigating the next steps shouldn’t add more stress. Whether your loved one died with or without a will, The Ellis Law Firm can guide you through this process with care and clarity. We’re here to answer your questions, explain your options, and help you find the most efficient path forward whenever you’re ready.
