How Can an Interested Party Open Probate for a Decedent’s Estate in Texas?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Texas for legal guidance specific to your situation.

Detailed Answer

In Texas, probate is the court-supervised process of validating a will, appointing a personal representative, and distributing the decedent’s assets. An interested party—such as an heir, beneficiary, or creditor—may petition the probate court to open an estate administration. Below are the key steps under the Texas Estates Code.

1. Determine the Type of Probate Administration

• Independent Administration: The most common method where the personal representative handles estate affairs with minimal court supervision. See Texas Estates Code § 401.001 et seq. (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm)
• Dependent Administration: Requires court approval for major decisions throughout the administration. Governed by Texas Estates Code §§ 301.051–301.153 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.301.htm).
• Muniment of Title: Simplified probate for estates with no debts other than funeral and administrative expenses. See Texas Estates Code § 256.001 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm).

2. Prepare and File the Application

An interested party must file a:

• Application for Probate and for Letters Testamentary (if there is a will) or
• Application for Letters of Administration (if there is no will or the will fails to appoint an executor).

File in the statutory probate court of the county where the decedent resided. Include:

• Original will (if one exists) and any codicils.
• Certified copy of the decedent’s death certificate.
• Contact information for all heirs, beneficiaries and known creditors.
• Filing fee (varies by county).

3. Serve Notice

You must notify all interested persons—heirs, beneficiaries named in the will, and certain creditors—of the probate proceeding. Notice requirements vary depending on the type of administration:

• Independent Administration: Notice to heirs only if no will appoints an independent executor. See Texas Estates Code § 202.052 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.202.htm).
• Dependent Administration: Formal notice to all heirs and creditors under Texas Estates Code § 301.052 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.301.htm).

4. Attend the Probate Hearing

The court will schedule a hearing to review the application. The judge will:

• Validate the will, if one exists.
• Confirm the applicant’s status as an interested party.
• Appoint the personal representative (executor or administrator).

5. Receive Letters and Administer the Estate

Once appointed, the personal representative receives Letters Testamentary or Letters of Administration, which grant authority to:

• Collect and inventory assets.
• Pay debts, taxes, and administrative costs.
• Distribute remaining assets to beneficiaries or heirs.

Independent administrations require minimal court oversight, while dependent administrations require periodic reports and additional court approval for major actions.

Helpful Hints

• Verify the decedent’s county of residence to file in the correct court.
• Obtain multiple certified death certificates early; you’ll need them for banks and government agencies.
• Compile a list of known assets: real estate, bank accounts, retirement plans, and personal property.
• Notify creditors promptly to avoid claims after distribution.
• Consider hiring a probate attorney if the estate is complex or if disputes arise.