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Texas Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Probate Court address and local filing details, see that county’s page.

Where Probate Happens

Texas probate is handled by the County Court at Law or Statutory Probate Court in the county where the deceased was domiciled (larger counties have dedicated probate courts; smaller counties use the County Court at Law or even the County Judge). Texas is a community property state, which affects how marital assets are characterized.

Step 1: Does The Estate Qualify For A Simplified Process?

Texas offers two very different simplified paths depending on whether there’s a will.

Small Estate Affidavit (Texas Estates Code Chapter 205) – intestate estates only

  • The decedent must have died WITHOUT a valid will – if there’s a will, this procedure cannot be used at all.
  • Total value of non-exempt estate property, excluding the homestead and other exempt property, must be $75,000 or less (raised from $50,000; confirm this is the current figure).
  • The estate must be solvent – assets must exceed known debts (other than liens on exempt property).
  • At least 30 days must have passed since the death.
  • Every person entitled to inherit under Texas intestacy law must sign the affidavit, along with two disinterested witnesses who knew the deceased and can attest to family facts.
  • Filed with the probate court (filing fee typically $300-$400, varies by county) – no court hearing is required, but a judge must review and approve it.
  • Can convey homestead title to the surviving spouse specifically, even though the homestead’s value itself is excluded from the $75,000 cap – but the affidavit cannot be used for other real estate transfers.
  • Non-probate assets (joint tenancy with survivorship, beneficiary-designated retirement accounts, life insurance, trust property) don’t count toward the $75,000 threshold.

Muniment of Title – a distinctively Texas option, for estates WITH a valid will

  • Available when there’s a valid will and the estate has no unpaid debts other than debts secured by real estate (like a mortgage).
  • Lets the will itself be admitted to probate as a “muniment of title” – a legal instrument that transfers title without appointing an executor or opening full administration.
  • Popular because it’s faster and cheaper than a full independent or dependent administration, while still handling real estate (unlike the small estate affidavit).

STEP 2: INDEPENDENT OR DEPENDENT ADMINISTRATION (for estates that don’t qualify for a shortcut)

  • Independent Administration – the more common, less court-supervised option in Texas, available when the will authorizes it or all heirs agree.
  • Dependent Administration – full court supervision at each step, required when there’s no independent-administration authority and heirs don’t agree, or when the estate is contested.
  • Required when: the decedent owned real property solely in their name (no TOD deed, trust, or joint ownership), non-probate-eligible assets exceed the small estate threshold, there are outstanding debts requiring formal resolution, or there are disputes among heirs.

Timeline

Small estate affidavits and muniment of title can close in weeks. Independent administration is faster than dependent administration; both vary with estate complexity.

Taxes

Texas has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate Court address, phone number, and local filing details, visit that county’s page.