Probate encompasses far more than just validating a will. In Texas, probate includes the entire legal process of handling someone’s affairs after death. This means validating wills, collecting assets, paying debts, and distributing property to rightful recipients. The process also covers heirship determinations when no will exists, small estate procedures, community property matters, and homestead allowances. Even funeral arrangements can fall under probate responsibilities. Essentially, probate ensures a deceased person’s wishes are honored and their assets are properly managed according to their will or Texas law.

Most straightforward, uncontested probate cases require at least eight months to complete. This timeline includes filing the application, court hearings, notifying creditors, allowing time for claims, and distributing assets. However, complex estates or those involving disputes can extend the process significantly, sometimes lasting years. Cases with minor heirs or contested issues will naturally take longer than routine administrations.

You will almost always need a probate attorney in Texas. While individuals can represent themselves, Texas law requires licensed attorneys to represent third parties like multiple beneficiaries or heirs, which most probate cases involve. Texas probate courts don’t provide legal advice to the public and typically recommend hiring an attorney. The laws are complex and require specialized knowledge to navigate properly. Some simplified alternatives like affidavits of heirship or small estate affidavits might not always require an attorney, but these situations are limited.

Even as the sole beneficiary, probating the will is usually wise. While not always legally required, especially when no disputes exist and assets are non-probate, several situations make probate advisable. If anyone might challenge the will, if the estate needs to file lawsuits or might be sued, or if the estate triggers tax obligations, probate becomes important. When full probate isn’t ideal, alternatives like probating the will as a muniment of title or filing an affidavit of heirship might work better.

Assets fall into two categories: probate and non-probate property. Probate property requires court approval for transfer, faces creditor claims, and distributes according to the will or Texas intestacy laws. This process takes months or years and becomes public record. Non-probate property transfers automatically through contracts or ownership terms, remains largely protected from creditors, goes directly to designated beneficiaries, and typically transfers within weeks privately. Non-probate assets include life insurance with named beneficiaries, pay-on-death or transfer-on-death accounts, and joint accounts with specific survivorship language.

Texas courts follow a specific priority order when appointing personal representatives. The person named as executor in the will comes first, followed by someone designated as administrator through will authorization, then the surviving spouse, principal beneficiary, other beneficiaries, next of kin, creditors, good character county residents, other qualified persons, and finally public probate administrators. Beyond legal priority, the chosen person should be capable and willing to manage estate responsibilities, attend hearings, maintain records, and communicate effectively with beneficiaries.

Probate costs vary based on your case’s complexity. Simple probate cases typically range from $4,000 to $6,000 in legal fees and court costs. This estimate covers only legal and court expenses, not additional costs like storage fees, real estate commissions, taxes, or bank fees. Larger counties with dedicated probate courts often handle cases more efficiently. The estate can usually reimburse whoever pays these costs, assuming sufficient funds exist.