Disclaimer: This article is for general informational purposes and is not legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
In Texas, the person who manages a deceased person’s estate is called the personal representative. If the decedent left a valid will, the representative is called a “executor” or “independent executor.” If there is no will, the person is called an “administrator.” The process and timeline to qualify and apply are governed by the Texas Estates Code.
- Confirm Eligibility. You must be 18 or older, mentally competent, and not have a felony conviction involving fraud. If the decedent named you as executor in a will, you have priority. Otherwise, priority under Texas Estates Code §301.051 favors spouses, then children, then other heirs. (Tex. Est. Code §301.051).
- Prepare the Application. File an Application for Probate of Will and for Issuance of Letters Testamentary (testate) or an Application for Letters of Administration (intestate). File in the county court at law or statutory probate court where the decedent resided. Include: death certificate, original will (if any), your contact information, and any required filing fee. (Tex. Est. Code §401.001).
- Post Notice and Set Hearing. After filing, the court clerk sets a hearing date—typically at least 20 days after the application date. You must provide notice to all heirs and beneficiaries at least 10 days before hearing. Notice ensures interested parties can contest. (Tex. Est. Code §202.001).
- Attend the Probate Hearing. At the hearing, the judge reviews your application, confirms notice, and resolves any contests. If no valid objections arise, the judge signs an order admitting the will (if any) and appointing you as personal representative.
- Qualify and Receive Letters. After the order, you sign an oath and, if required, post a bond. The clerk then issues Letters Testamentary or Letters of Administration, which formally grant you authority to act. (Tex. Est. Code §306.001).
- Timeline Overview. For an uncontested estate, the average timeframe from filing to issuance of letters is 4 to 6 weeks. Complex or contested estates can take several months. Small estates (total assets under $75,000) qualify for an Affidavit of Heirship process, which can streamline or bypass formal probate. (Tex. Est. Code §205.001).
Helpful Hints
- Review the decedent’s will (if any) immediately. Identifying a nominated executor speeds up the application.
- Gather and file the death certificate at the same time you file your probate application.
- Track all deadlines—especially notice periods—to avoid delays or objections.
- Consider hiring a probate attorney if the estate is contested or includes complex assets.
- Maintain detailed records of communications, notices, and court filings to support your qualification.
- Explore the Affidavit of Heirship for small estates to reduce costs and shorten the timeline.