Forms for Settling an Estate in Texas

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

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Notice to Creditors

In Texas, the notice to creditors is published for 1Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source from receipt of the mailed notice to present claims.

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Renunciation of Executor

In Texas, a person named as executor may decline to serveTex. Estates Code §§ 301.051, 306.001Verified Sep 23, 2026View source before anyone is appointed.

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Affidavit of Heirship

In Texas, heirs put their identity on the land records with an affidavit of heirship recorded with the countyTex. Estates Code ch. 203 (Nonjudicial Evidence of Heirship)Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.

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Estate Closing

In Texas, the personal representative is discharged automatically once the statutory period runsTex. Est. Code §§ 405.007, 405.003, 362.012, 362.013Verified Sep 15, 2026View source, and no final accounting is required.

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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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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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IRS Form 56

Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Tools for Settling an Estate in Texas

Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Much Can an Executor Charge?

Texas pays executors reasonable compensationTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.

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Can I Self-File Probate?

Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.

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How Do I Get Letters Testamentary?

In Texas, the County clerk issues Letters Testamentary or Letters of Administration once the probate court appoints the personal representative; every appointment goes through the court.

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What Are the Creditor Claim Deadlines?

In Texas, the 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source a creditor has to present a claim run only from receipt of the written notice the personal representative mails; without notice, a claim can be presented until the estate closes.

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What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, Texas pays the claims in 8Tex. Est. Code § 355.102Verified Sep 23, 2026View source classes in statutory order, beginning with funeral expenses (up to $15,000) and last illness expenses (up to $15,000).

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How Do I Claim a Deceased Person's Unclaimed Property?

In Texas, a deceased owner's unclaimed property is claimed from the Texas Comptroller of Public Accounts, Unclaimed PropertyTex. Prop. Code Title 6 (Unclaimed Property); claims under Tex. Prop. Code §74.501Verified Aug 24, 2026View source.

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How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

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Hire a Texas Probate Attorney

Browse 135 probate firms in Texas with addresses, contact info, and practice details.

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Texas Estate Settlement Resources

In-depth guides covering Texas probate, estate administration, and settling an estate.