Probate in Texas

What it means in Texas:
Probate in Texas is the court-supervised process for administering a deceased person’s estate when assets are not transferred outside of probate.

Key points:

• Governed by the Texas Estates Code
• Overseen by county probate courts
• The process varies based on estate size and complexity

Texas-specific considerations:

• Independent Administration
  • Texas strongly favors independent estate administration, reducing court involvement
• Small Estate Procedures
• Simplified probate options may be available for qualifying estates
• Community property rules affect estate administration and spousal rights
• Certain assets pass outside probate, including:
  • Property transferred by TOD deed
  • Jointly owned property with survivorship rights
  • Assets with named beneficiaries
• Executors and administrators owe fiduciary duties under Texas law
• Community Property
• Non-Probate Assets
• Executor Duties

Whom it applies to:

• Executors and personal representatives
• Heirs and beneficiaries
• Families settling an estate in Texas