Note: This article explains the steps to handle a parent’s estate under Texas law. It does not provide legal advice. Consult a licensed Texas attorney about your situation.
Detailed answer — How to handle your mother’s estate in Texas (step-by-step)
The basic process of handling a deceased parent’s estate in Texas is: locate important documents, determine whether probate is required, open an estate (or use a small‑estate process if eligible), gather and secure assets, notify creditors and heirs, pay taxes and debts, and distribute remaining property. Below is a practical, step‑by‑step explanation you can follow.
1. Confirm death and gather documents
- Obtain the official death certificate from the funeral home or vital records office.
- Search for a will, trust documents, beneficiary designations (life insurance, retirement accounts), deeds, titles, bank and investment statements, and recent bills.
- Locate contact information for doctors, financial institutions, and any attorneys who helped your mother.
2. Determine whether probate is required
Not every estate must go through probate. Whether probate is needed depends on how assets were titled and whether transfer‑on‑death beneficiaries or payable‑on‑death designations exist.
- If most assets pass to named beneficiaries (in a trust, by beneficiary designation, or jointly owned with right of survivorship), you may avoid probate.
- If the deceased owned assets only in their name (bank accounts, real estate, vehicles) with no beneficiary or joint owner, probate is usually required to transfer those assets to heirs.
3. Consider a simplified/small estate procedure
Texas provides simplified procedures for certain small estates. If the estate’s nonexempt personal property falls below the statutory limit or if the decedent’s sole property is exempt or passes by affidavit, you may be able to collect assets without full probate.
See Texas law on small‑estate procedures for details: Tex. Estates Code, Ch. 205.
4. Decide who will administer the estate
- If there is a will, it normally names an executor or independent executor. The executor should file the will with the probate court to be appointed as personal representative.
- If there is no will (intestate), an interested person—usually a close family member—can ask the court to appoint an administrator (personal representative).
- Texas law allows an independent administration in many cases, which reduces court supervision if the will nominates it or heirs agree. See Tex. Estates Code, Ch. 401 (Independent Administration).
5. Open probate (when required)
- File an application with the county probate court where the decedent lived. The filing should include the death certificate and the original will (if any).
- The court issues letters testamentary or letters of administration appointing the personal representative.
- The personal representative receives authority to act for the estate—collect assets, pay bills, and distribute property according to the will or Texas intestacy law.
6. Notify heirs, beneficiaries, and creditors
- Provide formal notice to heirs and beneficiaries named in the will.
- Publish notice to unknown creditors if required by the court or procedure you used (this varies between full probate and independent administrations).
- Collect and review claims from creditors; valid debts must be paid from estate assets before distribution.
7. Inventory, secure, and value estate assets
The personal representative must identify all estate property—bank and investment accounts, real estate, personal items, business interests, and retirement accounts. Appraisals may be necessary for real property, valuable personal property, or closely held business interests.
8. Pay debts, taxes, and administration expenses
- Use estate funds to pay funeral expenses, taxes, administrative costs, and valid creditor claims in the order required by Texas law.
- File the decedent’s final income tax return, and if applicable, an estate tax return. Most estates in Texas do not owe Texas estate tax (Texas has no state inheritance tax), but federal estate tax rules may apply in rare, large estates.
9. Distribute remaining assets
After paying valid claims and expenses, the personal representative distributes the remaining assets according to the will. If there is no will, assets are distributed under Texas intestacy rules.
10. Close the estate
Once assets are distributed and final accounting provided to the court (if the administration requires it), request that the court close the estate and discharge the personal representative’s duties.
Key Texas statutes and resources
- Independent administration rules: Tex. Estates Code, Ch. 401
- Small estate procedures: Tex. Estates Code, Ch. 205
- Probate forms and local court information: check the county probate court website where the decedent resided and the Texas Judicial Branch: txcourts.gov
When to hire an attorney
Consider hiring a Texas probate attorney if any of the following apply:
- The estate is complex (real estate, business interests, many creditors, out‑of‑state assets).
- There is a contested will, disputes among heirs, or suspected undue influence.
- You need help interpreting the will, deciding whether to pursue independent administration, or preparing court filings and accountings.
Helpful hints
- Keep a checklist and a folder with scanned copies of all important documents.
- Contact financial institutions early—many will freeze accounts until they see court letters or proper affidavits.
- Look for transfer‑on‑death or payable‑on‑death designations on bank, retirement, and investment accounts; those avoid probate for those assets.
- If the estate seems small, ask the bank whether they accept an affidavit in lieu of probate under Texas law before filing a full probate administration.
- Be transparent with family members about your actions and the timetable; clear communication reduces disputes.
- Keep detailed records of every transaction made on behalf of the estate—this protects the personal representative from later claims.
Disclaimer: This article is educational only and is not legal advice. Laws change and every case is unique. Consult a licensed Texas attorney to get advice tailored to your circumstances.