Probate in Texas is the court-supervised legal process that validates a deceased person’s will, appoints an executor or administrator, and authorizes the distribution of estate assets to heirs and beneficiaries. Under the Texas Estates Code, most estates that include assets titled solely in the decedent’s name must pass through some form of probate before those assets can legally change hands.
For Houston families, probate proceedings typically take place in one of the four Harris County Probate Courts located at the Harris County Civil Courthouse downtown. The process can range from straightforward to highly complex depending on the size of the estate, whether a valid will exists, and whether any beneficiaries or creditors contest the proceedings. McCulloch & Miller, PLLC has guided Houston families through the Texas probate system for over 35 years, with flat fee pricing options and a founding partner who holds dual credentials as both an attorney and a CPA.
What Is Probate in Texas?
Probate is the legal mechanism through which a Texas court recognizes a person’s death, confirms the validity of their will, and grants authority to a named executor — or, if there is no will, appoints an administrator — to manage and distribute the estate. The process is governed by the Texas Estates Code, and the specific court procedures vary by county.
In Harris County, probate cases are filed in one of four dedicated statutory probate courts. These courts handle only probate, guardianship, and trust matters, which means they move more efficiently than general jurisdiction courts that handle probate in smaller Texas counties. For estates in Fort Bend County (Sugar Land, Missouri City, Richmond) or Montgomery County (The Woodlands), probate is handled through the county courts at law.
A will, by itself, is not legally effective to transfer property in Texas. Under Texas Estates Code § 256.001, a will must be admitted to probate before it can be used to prove title or the right to possession of any assets. This is why the probate process — even for simple estates — cannot be skipped when assets are titled in the decedent’s name alone.
What Are the Steps in the Texas Probate Process?
The Texas probate process generally follows these steps:
- Filing an Application for Probate — The executor named in the will (or an interested person, if there is no will) files an application in the county where the decedent lived. Under Texas Estates Code § 256.052, the application must include the decedent’s name, date and place of death, a general description of estate assets, and their probable value.
- Posting Notice — The court posts a citation for at least ten days, giving interested parties the opportunity to contest the will or the appointment of the executor.
- Proving the Will — At a hearing, the court determines whether the will is valid. If the will was self-proved (signed with a self-proving affidavit), no witness testimony is needed. Otherwise, one of the subscribing witnesses must testify.
- Appointing the Executor or Administrator — Once the will is admitted to probate, the court issues Letters Testamentary to the executor. If there is no will, the court appoints an administrator and issues Letters of Administration.
- Inventorying and Distributing Assets — The executor identifies all estate assets, notifies creditors, pays valid debts and taxes, and distributes the remaining assets to the beneficiaries named in the will or, if intestate, according to Texas’s descent and distribution statutes.
In most Houston estates, the entire process takes approximately six months from filing to final distribution, though contested estates or those with significant creditor claims can take longer.
What Is Independent Administration vs. Dependent Administration?
Independent administration is a streamlined form of probate in Texas that allows the executor to manage and distribute estate assets without seeking prior court approval for most actions. It is the most common and preferred form of probate in Harris County because it reduces cost, time, and court involvement. The will itself typically grants independent administration authority, or all beneficiaries can agree to it.
Dependent administration, by contrast, requires court oversight for nearly every significant action the executor takes — including selling property, paying claims, and making distributions. This form of administration is more expensive and time-consuming, but it provides an additional layer of protection when beneficiaries distrust each other or when the estate involves contested assets.
Choosing the right administration path depends on the estate’s complexity, the relationships between beneficiaries, and whether the will specifies a preference. A Houston probate attorney can evaluate the estate and recommend the most efficient approach under the circumstances.
Can You Avoid Probate in Texas?
Several strategies can reduce or eliminate the assets that must pass through probate in Texas. Assets held in a revocable living trust bypass probate entirely and transfer directly to the named beneficiaries. Payable-on-death (POD) and transfer-on-death (TOD) designations on bank accounts, brokerage accounts, and retirement accounts also pass outside of probate. Joint tenancy with right of survivorship allows real property or financial accounts to transfer automatically to the surviving co-owner.
For smaller estates, Texas law offers two alternatives to formal probate. A small estate affidavit under Texas Estates Code § 205.001 is available when the decedent died without a will and the estate (excluding homestead and exempt property) is valued at $75,000 or less. A muniment of title under Texas Estates Code § 257.001 allows a valid will to be admitted to probate solely to transfer title to property, without the need for full estate administration — provided there are no unpaid debts other than those secured by real property.
McCulloch & Miller, PLLC helps Houston families develop probate avoidance strategies through trust planning and other estate planning tools. Founding partner Thomas McCulloch, who holds both a JD and a CPA, brings a tax-focused analytical perspective to structuring estates that minimize probate exposure while preserving tax efficiency.
Frequently Asked Questions
How long do you have to file probate in Texas?
Under Texas Estates Code § 256.003, a will must generally be filed for probate within four years of the testator’s death. If the four-year deadline passes, the will may only be admitted as a muniment of title, and only if the applicant can prove they were not “in default” for failing to file on time. Missing this deadline can result in the estate passing under Texas intestacy laws as if no will existed.
How much does probate cost in Houston?
Probate costs in Harris County depend on the size and complexity of the estate. Court filing fees typically range from a few hundred dollars. Attorney fees vary — some Houston probate firms, including McCulloch & Miller, offer flat fee arrangements that give families cost certainty. Additional costs may include appraisal fees, publication fees for creditor notices, and any bond premiums required by the court.
Do I need a lawyer for probate in Texas?
Texas law does not strictly require an attorney for probate. However, the process involves filing legal documents, interpreting the Texas Estates Code, satisfying court procedural requirements, and managing creditor claims — tasks that carry significant legal risk if done incorrectly. The vast majority of Texas probate courts expect represented parties, and errors in the application or administration can result in personal liability for the executor.
Talk to a Houston Probate Attorney
Probate does not have to be overwhelming. McCulloch & Miller, PLLC represents families throughout Houston, Harris County, Fort Bend County, and the greater Houston metro area in all types of probate matters — from straightforward independent administration to complex contested estates. With over 35 years of experience and flat fee pricing options, the firm provides families with both the expertise and the cost transparency they need during a difficult time. Founding partner Thomas McCulloch’s dual credentials as an attorney and a CPA provide clients with an analytical advantage that most probate firms cannot match.
Call (713) 333-8900 or request a consultation online to discuss your probate matter. Flat fees available.
This article is for informational purposes only and does not constitute legal advice. Every situation is different — consult with a qualified attorney to discuss your specific circumstances.