Losing someone you love is hard enough without a confusing court process on top of it. At The De Leon Law Firm, attorney Yvette De Leon guides Houston-area families through Texas probate step by step and explains each option in plain English. We proudly serve Houston, Sugar Land, Missouri City, Richmond, Rosenberg, Katy, Fulshear, and Cypress.
What Is Probate?
Probate is the court-supervised process of settling a person’s estate after they die: proving any will, appointing the person who will manage the estate, paying valid debts and taxes, and transferring what is left to the right people. Texas is known for keeping court involvement lighter than most states, and several shortcuts let many families avoid a full administration altogether.
When Is Probate Needed?
Probate is generally needed when the person owned assets in their name alone — a house, land, or a bank account with no payable-on-death designation. It is often not needed for assets that already name a beneficiary or pass by survivorship, such as life insurance, retirement accounts, or property held in a revocable living trust. Deeds like a transfer on death deed or Lady Bird deed can also keep a home out of probate.
Texas Probate Options
- Independent administration — the streamlined, most common Texas probate, with minimal court supervision.
- Dependent administration — closer court oversight, used when there is conflict, debt, or no way to serve independently.
- Muniment of title — a will-only shortcut that transfers property without appointing an executor.
- Small estate affidavit — for modest estates with no will, up to $75,000 excluding the homestead and exempt property.
- Affidavit of heirship — a recorded statement of family history used to clear title to real estate.
- Determination of heirship — a court proceeding that formally identifies heirs when there is no will.
What the Person in Charge Must Do
The executor or administrator gathers the estate’s assets, notifies creditors, pays valid debts and taxes, and distributes what remains. If a family member believes a will is invalid, they may be able to contest it within the deadlines Texas law allows. Wondering about the calendar? See how long Texas probate takes.
When Heirs End Up Owning Property Together
When someone dies without a will, Texas law vests their real estate in their heirs immediately — not as a single unit, but as separate co-owners each holding an undivided fractional share. Three children inherit their mother’s house as three co-owners of all of it. That works until one wants to sell, one wants to move in, and one stops answering the phone.
If co-owners cannot agree, any one of them can file a suit for partition to force the property to be divided or sold. Texas law does not require a joint owner to stay in co-ownership with anyone. There are important exceptions, though — a surviving spouse’s homestead right can block partition entirely, and inherited property gets extra protections that give the other heirs a chance to buy you out first.
More Texas Probate Topics
The process: the probate process step by step, independent vs. dependent administration, inventory & appraisement, and temporary administration.
Wills: holographic (handwritten) wills and self-proving affidavits & proving a will.
The person in charge: who can serve as executor, executor compensation, bond requirements, and removing an executor.
Debts & the family: creditor claims & notice, priority of claims, secured claims, family allowance & exempt property, and the order of no administration.
Special Situations
Do you even need probate? When probate is necessary, assets that skip probate, and which court handles it.
Will problems: handwritten wills, a lost will or copy, probating after four years, administration with will annexed, and no-contest clauses.
Out-of-state & special assets: ancillary probate & foreign wills, digital assets, and disclaiming an inheritance.
Handling & closing: selling a house during probate, suits for partition when heirs disagree, closing the estate, and who controls funeral decisions.
Why Choose The De Leon Law Firm?
- Clear guidance through every step, in plain English
- Trusted locally — see what neighbors say on Google Reviews
- Upfront fees with no surprises
- Practical advice on the fastest lawful path for your family
Frequently Asked Questions
Is probate always required in Texas?
No. Many estates pass through simplified procedures such as a muniment of title, a small estate affidavit, or an affidavit of heirship, and assets with a beneficiary or right of survivorship pass outside probate entirely.
How long do I have to probate a will in Texas?
Generally four years from the date of death. After that, a will usually cannot be admitted unless you prove you were not at fault for the delay, so it is best to act promptly.
Does Texas have an estate or inheritance tax?
No. Texas has no state estate tax and no inheritance tax. Only the federal estate tax may apply, and for 2026 it affects only estates above $15 million per person.
What if the heirs cannot agree on what to do with the house?
Any co-owner can file a suit for partition, which asks a court to either divide the property or order it sold and split the proceeds. There is no statute of limitations on the right to partition. Two exceptions matter most: a surviving spouse who occupies the home as a homestead generally cannot be partitioned out, and inherited property falls under the Uniform Partition of Heirs’ Property Act, which gives the other heirs a right to buy out the heir who wants to sell.
Talk With a Houston Probate Attorney
Facing probate after a loss? We can help you find the simplest lawful path forward. Call 713-955-6182 or contact The De Leon Law Firm to get started.