Probate is the legal process of recognizing a will (if there is one), identifying heirs, collecting assets, paying debts, and distributing property after someone passes away. It ensures assets are transferred according to law or the decedent’s wishes.

Texas offers several probate procedures, including:

Independent Administration (most common)

Dependent Administration (court-supervised)

Muniment of Title (for estates with a valid will and no debts)

Small Estate Affidavit (for estates valued under $75,000 without a will)

Heirship Proceedings (when there is no will)

Independent administration allows the executor to settle the estate without ongoing court supervision, which saves time and legal costs. It requires either a will that waives bond and supervision, or agreement from all heirs.

This simplified probate method is available when the decedent had a valid will, no unpaid debts (except secured debts like a mortgage), and no need for a formal administration. It transfers title to real estate without appointing an executor.

If someone dies without a will and their estate is worth less than $75,000 (not including homestead or exempt property), the heirs may use a small estate affidavit to distribute assets without full probate.

If there is no will, the court may hold a hearing to legally determine the heirs. This is often used with Dependent Administration when heirs can’t agree or when creditors are involved.

A typical independent administration may take 6 to 12 months, depending on the complexity of the estate. More complex or contested cases may take longer, especially if court hearings are required.

No. Assets with designated beneficiaries (like life insurance, retirement accounts, or payable-on-death bank accounts), jointly owned property with right of survivorship, and trust assets typically avoid probate.

If there’s no will, Texas intestacy laws determine who inherits. This usually includes a spouse, children, parents, or siblings—but the process requires court involvement and possibly a determination of heirship.

We guide executors, administrators, and beneficiaries through every step—whether you need a full probate, a Muniment of Title, or help preparing an Affidavit of Heirship. Our goal is to make the process clear, efficient, and stress-free.