Being named executor of someone’s estate is rarely a job anyone has done before. The papers arrive, the family looks at you for answers, and the legal vocabulary alone can feel like a foreign language. Our hope here is to walk you through the path one stage at a time. Think of this as a Texas probate process guide you can come back to as questions come up. Probate timelines in Texas can stretch from six months on the simpler end to well over a year for contested estates, and knowing what each stage involves makes the entire process feel less like an emergency and more like a checklist. Whether you are working with a probate court attorney in Austin or simply trying to understand what comes next, the same basic stages apply across the state. You can find more information on our Houston probate page.
Filing the Application for Probate
The first step is filing an application for probate in the county where the decedent lived. The Texas State Law Library’s before-probate resource is a helpful starting point for understanding what that filing looks like. Texas law generally requires the application to be filed within four years of the decedent’s death, though late filings are sometimes accepted under specific circumstances. The application is filed alongside the original will (if one exists), a death certificate, and any supporting paperwork the court may require.
The court then schedules a hearing to admit the will to probate and appoint an executor. At that hearing, the court verifies the will’s validity, confirms the executor’s qualifications, and issues letters testamentary that give the executor formal authority to act on behalf of the estate. Banks, title companies, and government agencies all rely on those letters as proof of authority before releasing funds or transferring property.
Independent vs Dependent Administration
The biggest decision in any Texas probate is whether the estate will be administered independently or dependently. Independent administration is the simpler, faster, and far less expensive path. Once the court appoints an independent executor, that person can collect assets, pay debts, and distribute property to beneficiaries with minimal court involvement. Most Texas wills request independent administration explicitly, because the alternative is significantly more cumbersome.
Dependent administration, by contrast, requires court approval for nearly every transaction the executor wants to take. Selling a property, paying a creditor, distributing an asset, each step needs a filing and a sign-off. The Texas State Law Library’s formal-administration page details the differences. For larger estates or contested ones, retaining an estate probate lawyer in Houston early in the process is often the difference between a six-month timeline and a multi-year ordeal.
Inventory, Appraisement, and Notice to Creditors
Within 90 days of qualification (in dependent administrations), the executor must file an inventory of estate assets with the court along with appraised values. Independent administrations require either an inventory or an Affidavit in Lieu, depending on the will and beneficiary preferences. The executor must also notify known creditors, publish a general notice to unknown creditors, and document each notification carefully. Cornell Law’s definition of an executor is a useful reference for the scope of these duties. Mistakes at this stage, including missed deadlines, wrong valuations, and incomplete creditor notice, can create personal liability for the executor down the road, which is one of the strongest arguments for working with counsel rather than trying to handle the process alone.
Distributing Assets and Closing the Estate
Once debts are paid in priority order and any tax filings are complete, the executor distributes the remaining assets according to the will’s instructions. Independent administrations close with a relatively simple final report and distribution. Dependent administrations require a final accounting filed with the court, a hearing to approve it, and an order discharging the executor before the estate is officially closed. Either way, the closing stage is where careful early paperwork pays off; clean records make the closing simple, while sloppy ones can drag the case on for months past when it should have been done.
Walking Through Probate With Confidence
Probate is rarely as complicated as it first appears, but the timeline and the paperwork reward executors who get help early rather than late. Most issues we see started with a small misstep in the first month that snowballed by the third. As a firm with an experienced probate disputes lawyer in Austin, we help executors avoid the foreseeable problems and resolve the unforeseeable ones efficiently. As a trust litigation attorney in Austin, we also handle the contested cases that can arise when beneficiaries disagree about asset distribution or the validity of the will itself.
Mike Massey Law’s flat-fee pricing on probate work means executors are not billed by the hour for routine questions, and direct attorney access means you talk to the lawyer handling your case rather than a rotating cast of staff. You can read more about our approach on our Austin estate planning hub or learn about our team on our About Us page. When you are ready for help with a probate matter, book a free consultation with us.
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For personalized legal guidance, please contact a licensed attorney in your jurisdiction.
