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.
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.
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
Muniment of Title – a distinctively Texas option, for estates WITH a valid will
STEP 2: INDEPENDENT OR DEPENDENT ADMINISTRATION (for estates that don’t qualify for a shortcut)
Small estate affidavits and muniment of title can close in weeks. Independent administration is faster than dependent administration; both vary with estate complexity.
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).
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.