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Texas Probate Checklist: 9 Essential Steps for Estate Management

SimplyTrustSimplyTrust Editorial···3 min read

Texas law firm releases comprehensive 9-step probate checklist highlighting critical deadlines, costs, and administrative requirements for estate management.

What Happened

The Kazi Law Firm released a comprehensive Texas probate checklist designed to guide executors, administrators, and family members through the estate administration process in 2024-2025. The checklist outlines nine essential steps from the immediate aftermath of death through closing the estate, emphasizing the importance of meeting statutory deadlines under the Texas Estates Code.

The guide addresses the complexity of Texas probate procedures, which vary by county and depend on factors such as whether a valid will exists, the estate’s size, and potential family disputes. The firm highlights that Texas probate courts validate wills, appoint executors or administrators, and supervise estate administration from start to finish, with proceedings filed in the county where the decedent resided at death.

The checklist covers critical milestones including securing property, locating essential documents, filing probate applications, notifying heirs and creditors, attending probate hearings, inventorying assets, paying debts and taxes, distributing assets, and formally closing the estate. The guide emphasizes that missing key deadlines, such as the 90-day inventory requirement, can create significant complications for families already dealing with grief.

What It Means

Texas families managing probate face substantial financial and administrative burdens that make organized planning essential. The state requires executors to complete an inventory and appraisal of all estate assets within 6 months of appointment, a tight deadline that can overwhelm unprepared families. Court filing fees alone cost $360Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)Verified Oct 17, 2026, while attorney fees typically range from 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate value for reasonable compensationTex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source.

The checklist’s emphasis on immediate property security reflects a critical vulnerability period. Families must secure homes, change locks, and safeguard valuables while simultaneously locating essential documents and obtaining multiple certified death certificates. This dual pressure of grief management and urgent administrative tasks explains why many Texas estates benefit from professional guidance, particularly given that executors may need to post a bond, though this requirement can be waived if specified in the will.

Texas’s distinction between independent and dependent administration significantly impacts both timeline and costs. Independent administration, common when authorized by will, requires minimal court supervision and typically concludes within 6 months to 12 months. However, dependent administration requires court approval for most actions, extending timelines and increasing legal expenses. For smaller estates, alternatives like the small estate affidavit process for estates under $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source can bypass full probate after a 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source waiting period.

Context from SimplyTrust

The complexity outlined in this Texas probate checklist demonstrates why many families choose to avoid probate entirely through proper estate planning. A properly funded revocable living trust transfers assets directly to beneficiaries without court involvement, eliminating the 90-day inventory deadline, creditor publication requirements, and ongoing court supervision that characterize Texas probate proceedings.

For families currently facing probate, understanding the true costs involved becomes crucial for financial planning. SimplyTrust’s probate cost calculator provides Texas-specific estimates including attorney fees, court costs, and executor compensation, helping families budget for the process described in this checklist. The executor checklist tool can also help personal representatives stay organized and meet critical deadlines throughout the administration process.

Source: Texas Probate Checklist for Estate Management

Texas Estate Law GuideProbate costs, will requirements, trust rules, and intestate succession.

Forms for Settling an Estate

Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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Petition for Probate and Letters

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Notice to Creditors

Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.

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Renunciation of Executor

Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.

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Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.

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Small Estate Affidavit

Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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Estate Closing

Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.

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IRS Form 1310

Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.

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