Detailed Answer — what notices to send and why

Probate in Texas begins when someone files an application to probate a will or to open an estate administration. Texas law protects the right of interested persons to know about the proceeding so they can appear, object, or protect their rights. The common types of notices you will encounter are:

1. Citation or personal/mailed notice to heirs and beneficiaries:

   The county clerk or the applicant must cause each known heir, devisee (a person named in the will), and other “interested persons” to be served with a citation or otherwise given notice of the application and any scheduled hearing. The notice normally includes a copy of the application or petition (or tells the recipient where to view it), the time and place of the hearing, and information about how to contest the application.

2. Notice to known creditors:

   If you are opening an administration (as opposed to a simple probate that disposes of all property without administration), you must notify known creditors so they may present claims against the estate. Texas practice usually requires mailing written notice to known creditors and publishing a notice to unknown creditors. This protects the estate from stale claims and gives the court a record of reasonable notice steps.

3. Notice by publication (when addresses are unknown):

   If you cannot find an heir or beneficiary after reasonable search, the court permits notice by publication in the county newspaper. Publication is a backup method and should be used only when you cannot obtain personal service or a reliable mailing address.

4. Post‑appointment notices or required filings:

   After letters are issued (administrator or executor appointed), you may need to publish a notice to creditors (if the estate requires it), send inventories, and file proof that you provided required notices. The court keeps records of who was given notice during the case.

How notice is typically delivered

• Personal service / hand delivery (return receipt not needed but the server should provide proof).
• Certified or registered mail with return receipt — commonly used to prove mailed service to heirs and known parties.
• Regular first-class mail with an affidavit of mailing — acceptable in some situations but provides less proof than certified mail.
• Publication in a qualified newspaper when an address cannot be found.

What the notice should say

At minimum, notices to heirs or interested persons should identify the estate (decedent’s name), the court and cause number, the name of the applicant, the relief requested (probate of will, appointment of administrator), the date/time/location of any hearing, and the recipient’s right to appear or contest. Notices to creditors should explain the deadline and address for presenting claims.

Proof of service

Texas courts require you to file proof that each person received notice. Proof may be a signed return receipt (for certified mail), an affidavit of service (for personal service), or an affidavit of publication. Keep careful records and file the proof promptly so the court can proceed.

Relevant Texas law and where to look

Texas law governing probate notice and administration procedures is in the Texas Estates Code and related rules. For the code generally, see the Texas Estates Code index:

Texas Estates Code (official statutes)

Key topics (such as probate of wills, appointment of personal representatives, notice to interested persons, and creditor claims) are covered in various chapters of the Estates Code and the court’s probate rules. The county clerk’s office and local probate court can explain local filing steps and forms.

Common problems and practical consequences

• If a known heir does not receive proper notice, orders entered without proper notice can sometimes be set aside later. That may require reopening the case and re‑notifying heirs.
• Using publication prematurely (when an address actually exists) can be insufficient service and lead to contested proceedings.
• Failure to notify known creditors can affect how the estate handles claims and may expose the personal representative to liability for improper distributions.

Bottom line: To notify all heirs when you open probate in Texas, compile a complete list of heirs and interested persons, provide each with formal citation or mailed notice (or serve personally), publish notice only when addresses are unknown, notify known creditors, and file proof of service with the court. Consult the Estates Code and your county court clerk for exact local practices and deadlines.

Disclaimer: This information is educational only and does not create an attorney–client relationship. It is not legal advice. For advice tailored to your situation consult a licensed Texas probate attorney or the county probate court.

Helpful Hints — practical steps to make sure heirs get notice

• Start by preparing a family tree and a list of all likely heirs and beneficiaries (spouse, children, parents, siblings, grandchildren, and anyone named in a will).
• Check public records: deeds, birth/marriage records, and prior wills to locate addresses.
• Use certified mail with return receipt for important notices; it creates strong proof of delivery.
• When an address can’t be found, document your search efforts before asking the court to allow notice by publication.
• Always file affidavits or receipts proving service as soon as possible after mailing or delivery.
• Contact the county probate clerk before filing — some counties provide local forms and will explain how the clerk issues citation and posts hearings.
• Consider hiring a probate attorney if heirs are many, unknown, or likely to dispute the estate — mistakes in notice can be costly and time-consuming to fix.
• Keep copies of every notice, mailing receipt, and proof of publication in the estate file.

For statutory text and more on creditor claims and required notices, consult the Texas Estates Code available at the official Texas statutes site: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.HTM.