Executor Checklist for Texas: Complete 2026 Probate Guide

Your father passed away two weeks ago in Fort Worth. He owned a house, a truck, a retirement account, and a small savings account — nothing extravagant, but enough that you can't just ignore the paperwork. You're named executor in his will, and now you're searching for what to file and where to file it. The good news: Texas probate is genuinely simpler than most states. The challenge is knowing which path to take.

This is your step-by-step Texas executor checklist — every form, every deadline, every fee, specific to how Texas probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the Texas details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within Texas. Always consult with a licensed attorney authorized to practice law in Texas before making legal or financial decisions about an estate.

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Quick Reference: Texas Probate Court Contact

Texas Probate Courts Website: txcourts.gov/probate Phone: (512) 463-1625 (Office of Court Administration) Filing Fee: $300 -- $400 Small Estate Threshold: $75,000 Creditor Period: Varies (secured creditors have 6 months after letters; general publication required) Community Property State: Yes

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Your Texas Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you file anything with the court, there are steps that need to happen right away. These protect the estate, protect you, and set the foundation for everything that follows.

Order death certificates. You'll need more than you think. Order 10-15 certified copies from the county clerk or funeral home. Banks, insurance companies, brokerage firms, and the Texas Department of Motor Vehicles will each want their own certified copy. In Texas, certified copies typically cost $20-25 each — inexpensive compared to the delays caused by running out.

Secure the property. If the deceased owned a home, make sure it's locked, the utilities are on, and the mail is being collected. Check that homeowner's insurance is current — policies can lapse after a death, and Texas weather (hail, storms, flooding) doesn't wait for probate. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Texas, you must file the will within four years of death or it's presumed revoked — so while there isn't an immediate emergency, don't let this slide. Without the original will, you may end up in intestate proceedings.

Notify immediate family. Let beneficiaries and close family members know that you've been named executor and that you'll be managing the estate. You don't need to share financial details yet — just that you're handling things and will keep them updated. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need all of this for the inventory and for filing taxes. The more organized you are now, the smoother every subsequent step becomes.

Step 2: Determine If Full Probate Is Required

Texas offers several paths through probate — more than most states. Before you file anything, figure out which one fits the estate.

Small estate affidavit (Texas Estates Code Chapter 205). If the deceased died without a will and the estate's total value (excluding homestead and exempt property) is $75,000 or less, the heirs may be able to use a small estate affidavit instead of going through probate. There's a 30-day waiting period after death before this can be filed. This is only available for intestate estates — if there's a will, you'll use one of the options below.

Muniment of title. This is uniquely Texan and extremely useful. If the deceased left a valid will, there are no unpaid debts (other than debts secured by real property), and the estate doesn't need active administration, you can probate the will as a "muniment of title." The court admits the will, and the will itself becomes the document that transfers property — no executor appointment, no administration, no ongoing court oversight. It's the fastest and cheapest probate option in Texas. You typically don't even need an attorney, though one is helpful.

Independent administration. This is the most common path for Texas estates with a will. Unlike most states, where the court supervises every major decision, Texas independent administration lets the executor manage the estate with minimal court involvement. If the will names an independent executor (most Texas wills do), you file the application, attend one hearing, get your Letters Testamentary, and then handle everything — paying debts, selling property, distributing assets — without going back to court. This is why Texas is widely considered one of the easiest states for probate.

Dependent administration. This is the exception, not the rule. Dependent administration involves ongoing court supervision and is typically only used when the will doesn't authorize independent administration, there's no will, or a beneficiary requests it due to concerns about the executor. It's slower and more expensive.

If the estate has any complexity at all — real estate, debts, multiple beneficiaries — independent administration is likely your best path.

Step 3: File the Application for Probate

This is the step that officially starts the probate process in Texas.

File an Application for Probate. Unlike many states that use standardized forms, Texas probate courts generally don't use pre-printed petition forms. Your application is drafted as a legal document (or using local court templates) and filed with the county court or statutory probate court in the county where the deceased resided. The application identifies the deceased, the will, the proposed executor, the heirs and beneficiaries, and the type of administration you're requesting.

Pay the filing fee. Texas probate filing fees range from $300 to $400, depending on the county. This is paid when you file the application.

Request independent administration. When filing your application, specify that you're requesting appointment as independent executor. If the will already names you as independent executor, the court will generally grant this without objection. If the will is silent on the type of administration, all beneficiaries can agree to independent administration by signing a written consent.

The hearing gets scheduled. After filing, the court schedules a hearing. Texas law requires that the hearing take place no sooner than 14 days after the application is filed. At the hearing — which is usually brief — the judge verifies the will, confirms your appointment, and issues Letters Testamentary. In Texas, you can often receive your Letters Testamentary the same day as the hearing, which is faster than most states.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

Texas law requires you to notify potential creditors that probate is underway.

Publish a notice to creditors. Within one month of receiving your Letters Testamentary, you must publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is being probated. The notice runs once (not multiple weeks like many other states), which keeps costs lower — typically $100-250. This starts the clock on the creditor claim period.

Send notice to secured creditors. Within two months of receiving Letters Testamentary, you must mail notice to any secured creditors (mortgage holders, car lenders, etc.) you're aware of. Secured creditors then have 6 months from when they receive notice to present their claims.

The creditor claim window. Texas handles creditors differently than most states. There isn't a single, clean creditor window. Secured creditors have 6 months after receiving notice. Unsecured creditors who were properly notified through publication generally need to file claims in a timely manner. The practical effect: you should wait at least 6 months after publication before distributing assets to ensure known creditor claims are resolved. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Notify beneficiaries. Texas law requires that all beneficiaries named in the will receive notice of the probate proceeding. Beneficiaries have specific legal rights, including the right to review the will and to be informed of estate actions.

Step 5: Inventory and Appraise Assets

This is where you account for everything the deceased owned.

File an inventory within 90 days. Texas law requires the executor to file a Sworn Inventory, Appraisement, and List of Claims with the court within 90 days of receiving Letters Testamentary. This document lists every asset in the estate, its fair market value as of the date of death, and any claims owed to the estate.

You can value most assets yourself. Unlike California, Texas does not require a court-appointed probate referee. You can use bank statements, brokerage statements, tax assessments, and other records to determine fair market value. For real estate or business interests, getting a professional appraisal is smart (and lenders may require it) — but it's not a court mandate.

Alternatively, file an affidavit in lieu of inventory. If all beneficiaries agree, you can file an Affidavit in Lieu of Inventory — a private document that you provide to beneficiaries instead of filing a public inventory with the court. This keeps estate details private, which many Texas families prefer. This option is available only in independent administration.

Community property considerations. Texas is a community property state. Assets acquired during the marriage generally belong equally to both spouses. You'll need to carefully identify which assets are community property (which may pass automatically to the surviving spouse) and which are separate property (which passes through the will or intestate succession). Getting this distinction right matters — it affects what's in the probate estate and what isn't. If the estate involves significant community property, consider consulting with an attorney who understands Texas community property law.

Step 6: Pay Debts, Taxes, and Expenses

Once you've inventoried the estate and the creditor notice has been published, it's time to handle financial obligations.

Evaluate creditor claims. Review each claim carefully. You can pay valid claims, negotiate settlements, or reject claims you believe are invalid. Rejected creditors can sue the estate, so document your reasoning.

Texas has no state income tax or state estate tax. This is one of the significant advantages of Texas probate. There is no state income tax, no state estate tax, and no state inheritance tax. You only need to worry about federal estate tax if the estate exceeds the federal exemption — $15 million per person as of 2026 (adjusted annually for inflation). The vast majority of Texas estates owe zero estate tax.

File the decedent's final federal income tax return. The deceased's final federal income tax return is due by April 15 of the year following death (or the normal extension deadline). Since Texas has no state income tax, there's no state return to file. If the estate generates income during administration (rental income, investment dividends, interest), you'll also need to file a federal estate income tax return (Form 1041).

Pay valid debts and estate expenses. After evaluating claims, pay valid creditor claims, ongoing expenses (utilities, insurance, property taxes on estate property), and probate costs (attorney fees, court costs) from estate funds. Keep meticulous records — beneficiaries can demand a full accounting. For more on how executor compensation works, see our detailed guide.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch — and in Texas, this step is considerably simpler than most states.

Independent administration: no court approval needed for distribution. If you're serving as independent executor (which you should be — see Step 3), you do not need to petition the court for permission to distribute assets. Once debts are paid, taxes are filed, and the creditor period has passed, you distribute assets according to the will. This is one of the biggest advantages of Texas independent administration.

Get signed receipts from beneficiaries. After distributing assets, get a signed receipt and release from each beneficiary confirming what they received. This protects you from future claims.

Close the estate. In Texas independent administration, there's no required closing report filed with the court. The estate is effectively closed when all assets have been distributed, all debts have been paid, and all tax obligations have been met. You can file a closing report voluntarily, or beneficiaries can request a formal accounting — but it's not mandatory. Keep your records for at least four years in case questions arise.

Dependent administration: court approval required. If the estate is under dependent administration, you'll need court approval before distributing assets and must file a final accounting with the court.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Texas-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Texas-specific rules that can significantly affect how you manage the estate.

Muniment of title (Estates Code 257.001). If the will is valid, there are no unpaid unsecured debts, and the estate doesn't need administration, you can probate the will as a muniment of title. The court admits the will, and it becomes the legal document transferring property. No executor is appointed, no letters are issued, and no ongoing administration is required. This is unique to Texas and can resolve simple estates in a matter of weeks. You must file a muniment of title application within four years of death.

Independent administration is the default. Texas law strongly favors independent administration. If the will names an independent executor, the court will appoint them without requiring a bond (unless the will says otherwise). Even if the will doesn't specify independent administration, all beneficiaries can consent to it. This means the executor handles the estate with virtually no court oversight — a dramatic difference from states like California or New York.

Homestead protections (Texas Constitution, Article XVI). Texas has some of the strongest homestead protections in the country. The family homestead is generally exempt from creditors' claims (other than the mortgage, property taxes, and home equity loans). If the deceased is survived by a spouse or minor children, they have a right to occupy the homestead regardless of what the will says. Even if the will leaves the home to someone else, the surviving spouse has a life estate in the homestead. This can create complications if the will and the homestead rights conflict.

Four-year filing deadline. In Texas, a will must be offered for probate within four years of the decedent's death. If you miss this deadline, the will is presumed revoked, and the estate will be distributed under Texas intestacy laws. This is more generous than some states but it's an absolute deadline — don't let it pass.

No mandatory bond for independent executors named in the will. If the will names you as independent executor, you're generally exempt from posting a bond unless the will specifically requires one. This saves the estate the cost of a surety bond, which can be significant on larger estates.

Executor compensation. Texas does not set executor compensation by statute the way California does. Instead, the executor is entitled to a "reasonable" fee — typically around 5% of the gross estate based on common practice, though this is negotiable and subject to court review in dependent administration. Many family executors choose to waive compensation entirely.

What HeirPortal Does for Texas Executors

When you set up an estate in HeirPortal, Texas-specific deadlines and requirements populate automatically — the 90-day inventory deadline, the creditor notice publication requirement, secured creditor notification windows, and key filing dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening with Dad's estate?" and more time spent actually moving things forward. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Texas?

Texas probate is among the fastest in the country. Muniment of title proceedings can be completed in 4-6 weeks. Independent administration typically takes 6-12 months from filing to final distribution. Simple estates with cooperative families and no real estate to sell can sometimes close in 4-6 months. Complex estates — those involving business interests, contested wills, or tax complications — can take 1-2 years. The built-in delays (14-day hearing wait, creditor notice period) mean even simple probates take a minimum of 3-4 months.

Do I need a lawyer for probate in Texas?

It depends on the path you choose. For muniment of title, Texas allows pro se (self-representation) and many people handle it without an attorney. For full probate (independent or dependent administration), Texas courts generally expect attorneys to handle court filings and appearances, though you're not technically prohibited from representing yourself. Given that Texas probate is relatively straightforward and attorney fees are negotiable (unlike California's statutory fees), most executors find that hiring a probate attorney is worth the cost. Many Texas attorneys handle simple probates for $1,500-$5,000.

What is muniment of title in Texas?

Muniment of title is a simplified probate procedure unique to Texas. It allows you to probate a will without appointing an executor or going through formal administration. The court admits the will, and the will itself serves as the legal document transferring property. Requirements: the will must be valid, there must be no unpaid unsecured debts (mortgages are OK), and the application must be filed within four years of death. It's the fastest and cheapest way to transfer property in Texas — most proceedings conclude in a single hearing.

How much does probate cost in Texas?

The major costs break down as follows:

• Court filing fee: $300 -- $400 (varies by county)
• Attorney fees: $1,500 -- $5,000 for simple estates; negotiable for complex ones
• Newspaper publication: $100 -- $250 (one-time notice)
• Certified death certificates: $200 -- $375 (for 10-15 copies)
• Appraisal fees: Varies if real estate appraisal is needed (not court-mandated)

Total costs for a simple Texas probate are typically $2,500-$6,000 — significantly less than California or New York. Muniment of title is even cheaper, often $1,500-$3,000 total.

What is the small estate threshold in Texas?

The Texas small estate affidavit is available for estates valued at $75,000 or less (excluding homestead and exempt property), but only when the deceased died without a will. There's a 30-day waiting period after death before the affidavit can be filed. If there is a will, the small estate affidavit is not available — but muniment of title often serves as an even simpler alternative.

Can I avoid probate in Texas?

Yes, several strategies can help minimize or avoid probate in Texas:

• Muniment of title: Not technically "avoiding" probate, but dramatically simpler than full administration
• Living trust: Assets held in a revocable living trust pass outside of probate
• Community property survivorship agreement: Married couples can sign an agreement that passes community property automatically to the survivor
• Joint ownership with right of survivorship: Property passes automatically to the surviving owner
• Beneficiary designations: Life insurance, retirement accounts, and payable-on-death accounts bypass probate
• Transfer-on-death deeds: Texas allows TOD deeds for real property, transferring ownership automatically at death
• Small estate affidavit: Intestate estates under $75,000 can use a simplified affidavit

What happens if the executor lives outside Texas?

Texas allows out-of-state executors to serve, but there may be additional requirements. A non-resident executor might be required to appoint a resident agent for service of process in Texas. Some courts may also require a bond from a non-resident executor even if the will waives it. If you're managing an estate from out of state, consider hiring a local Texas probate attorney to handle court appearances and filings on your behalf.

What is independent administration in Texas?

Independent administration allows the executor to manage the estate with minimal court supervision. After the initial court hearing and appointment, you can pay debts, sell property, invest funds, and distribute assets without getting court approval for each action. There are no required interim accountings, and no closing report is mandatory. This is the standard approach in Texas and is available whenever the will names an independent executor — or when all beneficiaries consent. It dramatically reduces the time, cost, and complexity of probate compared to dependent (court-supervised) administration.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Texas probate is simpler than most states — and that's not an accident. The state's laws are deliberately designed to keep courts out of routine estate administration. Muniment of title and independent administration give you tools that executors in other states would envy. Take it one step at a time, use the right procedure for your situation, and you'll get through this.