Texas Probate
Attorney.
Lone Star Counsel represents Texas families, executors, and beneficiaries through the probate court — from a straightforward independent administration or a muniment of title, to a contested administration, an heirship determination, or an ancillary proceeding involving out-of-state property. The right path is often the least court-supervised path that fits the estate. The purpose is to transfer the estate lawfully, resolve creditors and taxes, and complete the administration with as little cost, delay, and conflict as the circumstances allow.
What Probate Is.
Probate is the court-supervised process of transferring a deceased Texan's property to the beneficiaries under a will or to the heirs under intestacy law. A properly designed estate plan can reduce, streamline, or in some cases avoid probate entirely — but when probate is required, the goal is to complete it in the least court-supervised, least expensive, least contested form that the specific estate can support.
The right probate is the one that fits the estate — not the one that is fashionable, and not the one that a form-driven approach would generate by default.
- Filing the application and admitting the will (if any) to probate.
- Qualifying the personal representative and issuing letters testamentary or of administration.
- Inventory, appraisement, and list of claims — or the affidavit in lieu, where applicable.
- Notice to creditors and beneficiaries; resolution of claims, debts, and taxes.
- Sale, retitling, and distribution of real property, brokerage, retirement, and business interests.
- Coordination with any trust, buy-sell, and business-succession documents.
- Contested proceedings — will contests, capacity challenges, and executor disputes — when needed.
- Final accounting and closing of the administration.
Types of Texas Probate Administration.
Texas offers multiple probate forms with materially different levels of court supervision, cost, and speed. Selecting the right form for the specific estate is often the difference between a well-run administration and an unnecessarily expensive one.
Independent Administration
The most common and least court-supervised form of Texas probate. Available when the will authorizes it, or when all distributees agree, and the estate is not encumbered by unusual circumstances. The independent executor administers the estate without ongoing court oversight after the initial inventory or affidavit is filed.
Dependent Administration
Court-supervised administration used when independent administration is not available or not appropriate. Every sale, distribution, and material action is subject to court approval. More expensive and slower; sometimes the correct choice for contested estates or when the personal representative cannot obtain bond and letters otherwise.
Muniment of Title
A streamlined Texas probate proceeding that is available in defined circumstances when the estate has a valid will and no unpaid debts (other than debts secured by real property). The will is admitted to probate as a muniment of title without appointing a personal representative — often the fastest and least expensive path when it fits.
Small Estate Affidavit
A statutory affidavit procedure available for small estates that meet strict statutory criteria — total value below the threshold, no will, and defined creditor and heirship conditions. Not appropriate for real property except the homestead. Fact-specific eligibility.
Heirship Determination
A judicial proceeding to determine the heirs of a person who died without a will (intestate) or when the will does not dispose of all assets. Frequently required to clear title to Texas real estate or to open a bank account of the deceased.
Ancillary Probate
The Texas administration of a non-resident decedent's Texas property, coordinated with the primary probate proceeding in the state of the decedent's domicile. Common when Texas real estate is owned by an out-of-state estate.
When Probate Is (and Isn't) Needed.
Whether probate is required depends on how the specific assets are titled, what non-probate transfer instruments (beneficiary designations, transfer-on-death registrations, funded trusts) are in place, and whether the estate meets defined statutory exceptions — not on the size of the estate alone.
Probate is generally required
When Texas real estate, brokerage accounts, or bank accounts are titled solely in the decedent's individual name without a beneficiary designation or transfer-on-death registration. Title cannot cleanly pass to heirs or beneficiaries without a probate proceeding.
Probate is generally not required
For assets that pass by beneficiary designation (life insurance, retirement accounts, transfer-on-death accounts), assets titled to a properly funded revocable trust, jointly owned real estate with a right of survivorship, or homestead in specific circumstances defined by statute.
Small estate exception
When the total probate estate is modest and defined statutory conditions are met, a small estate affidavit may substitute for a full probate proceeding.
Real-estate-only exception
When there is a valid will, no unpaid debts (other than a debt secured by real property), and the primary need is to clear title, a muniment-of-title proceeding may be the right instrument.
Contested estates
Family disputes, creditor claims, will contests, or ambiguity in the will can push an estate that would otherwise qualify for independent administration into dependent administration — more supervised, more expensive, but sometimes necessary.
Out-of-state decedent, Texas property
An estate opened in another state generally requires ancillary probate in Texas to reach Texas assets. Coordinated with domicile counsel.
Answers before the courthouse.
The most common questions we receive from Texas families and executors, answered directly. General information only — not legal advice on your specific matter.
The Right Path. The First Time.
Probate is not a single procedure. It is a menu of six court-supervised paths, only some of which will fit any specific estate. Selecting the right path at the outset — and preparing the filings and inventory carefully — is what turns a probate into a routine matter rather than a protracted one.