Do I Need a Lawyer for Probate in Texas?
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.
No. Texas requires an attorney of record to open formal probateTex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Aug 24, 2026View source, so a self-represented person cannot apply for letters on their own. A qualifying small estate is the exception: a small-estate affidavit can still be completed without an attorney.
The Texas court filing fee is $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, and publication of the creditor notice is a separate cost set by the newspaper. Texas requires a bond of the personal representative by defaultTex. Est. Code § 305.101Verified Sep 8, 2026View source, so a bond premium is a cost too unless the will or the heirs waive it. The filing fee is a fraction of what probate costs with counsel: attorney fees are the largest line, and self-filing removes that line while court costs, publication and executor compensation stay the same.
A simple estate in Texas typically takes 4 months to 6 months. The creditor claim period of 4 monthsTex. Est. Code § 355.060; § 403.055 (independent administration); § 355.001Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Self-filed probate takes the same time as attorney-filed probate; the court's calendar, not the filer, sets the pace.
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. 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. It is the simplest probate-related filing to handle without an attorney.
Probate in Texas runs from filing the petition for probate, which requests Letters from the court, through notice to heirs and creditors, the inventory, payment of debts and taxes, to distribution of what remains and the closing of the estate. Each step has its own court requirement and deadline. The Texas estate settlement plan carries every step from filing to final distribution.
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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.
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.
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.
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.
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.
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.
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.
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).
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.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Social Security Survivor Benefits Can I Get?
Which Social Security survivor benefit a spouse, former spouse, child or parent can get, what share it pays, and the lump-sum death payment.
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.