How Do I Settle an Estate in Texas?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
Settling an estate in Texas means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 6 months to 12 months on average, and the creditor claim period of 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment, and Texas requires a formal appraisalTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source.
Texas allows estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less to use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, which avoids full probate administration. In Texas the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death.
Texas sets no fixed claim period: creditors can present claims any time before the estate closes, and a creditor's own deadline starts only if the personal representative sends that creditor the optional written notice. The executor must publish notice in a local newspaperTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source for 1Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source consecutive weeks. Final distribution waits until the period has run.
Texas requires a bond of the personal representative by defaultTex. Est. Code § 305.101Verified Sep 8, 2026View source. The requirement can often be excusedTex. Est. Code § 305.101Verified Sep 8, 2026View source, by a waiver in the will, agreement of the heirs, or court order. A corporate surety's premium runs about 0.5%Tex. Est. Code § 305.101Verified Sep 8, 2026View source of the bonded amount a year. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Texas executor fee calculator covers what the role itself can charge.
In Texas, a simple estate typically settles in 4 months to 6 months, and an average estate in 6 months to 12 months. An estate with a dispute, a tax issue or an unusual asset runs longer.
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Death of a Parent
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Named as Executor
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Learn moreForms 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.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source from receipt of the mailed notice to present claims.
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.
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.
Estate Inventory
In Texas, the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment.
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.
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 Many Death Certificates Do I Need?
In Texas, certified death certificates come from the Texas Department of State Health Services - Vital Statistics SectionTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source; the first copy costs $20Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source, additional copies $3Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source each.
Do I Need Probate?
In Texas, estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Texas has no state income tax, so only the federal final Form 1040 is due for the decedentTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Texas, the estate either qualifies for the simplified procedure for estates under $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Texas levies no estate or inheritance taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Texas imposes no inheritance or estate taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Texas take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxTex. Const. Art. VIII § 24-b, CAPITAL GAINS TAX PROHIBITED (added Nov. 4, 2025) — "the legislature may not impose a tax on the realized or unrealized capital gains of an individual, family, estate, or trust"; and § 24-a, INDIVIDUAL INCOME TAX PROHIBITED (added Nov. 5, 2019)Verified Sep 15, 2026View source.
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Texas Estate Settlement Resources
In-depth guides covering Texas probate, estate administration, and settling an estate.