Detailed answer — step‑by‑step process under Texas law

Below is a practical, court‑oriented roadmap for proving an estate has no remaining assets or debts and obtaining a formal court order closing your spouse’s estate in Texas. This explains the typical steps people follow in probate practice. It does not replace legal advice.

1) Gather documents and identify what passed outside probate

Begin by collecting the death certificate, the original will (if any), account statements, titles to vehicles and real estate, insurance and retirement beneficiary designations, deeds, mortgage statements, and any bills or creditor communications. Common non‑probate transfers that usually avoid probate include:

• Assets held jointly with right of survivorship (joint bank accounts, joint real property).
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) designations on bank or brokerage accounts.
• Life insurance and retirement accounts with named beneficiaries.

If all assets passed outside probate (for example, all bank accounts had beneficiaries or were joint), the decedent’s probate estate may have no assets for the court to administer.

2) Decide whether a probate administration is necessary

If no assets are subject to probate, you may not need a full administration. But if title companies, government agencies, or certain institutions require a court order (or if a creditor or heir requests formal court action), you can open a limited or formal probate case and then obtain a court order that the estate has no assets and may be closed. The path you take depends on the facts (was there a will, who are the heirs, are there outstanding known creditors?).

3) Open a probate case (if required) and request letters

If you do open probate, the usual filings are:

• Application for Probate of Will and for Letters Testamentary (if there is a will), or
• Application for Letters of Administration (if there is no will), or
• In some counties, a petition for Determination of Heirship or a short form petition where the main relief sought is appointment of an administrator/independent executor so the court can issue a closing order.

Texas law recognizes different administration types, including independent administration. Independent administration can simplify administration and accounting in many estates. See the Texas Estates Code chapter on independent administration for the statutory framework: Texas Estates Code, Chapter 401 (Independent Administration).

4) Give required notices (creditors and interested parties)

After an executor or administrator is appointed, Texas procedure generally requires notice to heirs, beneficiaries, and sometimes publication or direct notice to known creditors. Even if you expect there are no debts, you should comply with notice requirements so the court and potential creditors have the opportunity to appear. Failing to give required notice can reopen the estate later if a creditor appears.

5) Prove to the court that the estate has no assets and no unpaid debts

The formal way to close an estate where there are no assets or debts is to file closing papers with the probate court. Typical items include:

• Final accounting or report stating receipts and disbursements (this can be very short if there were no assets).
• An affidavit by the personal representative (executor/administrator) that all estate assets have been distributed or passed outside probate and that all known debts and expenses have been paid.
• A proposed order (decree) asking the court to enter a final decree closing the estate and discharging the personal representative.

If the estate truly has no assets and no liabilities, the court will typically accept an affidavit and enter an order discharging the personal representative and closing the estate. The court’s authority for administration and closing procedures is in the Texas Estates Code and local probate rules; see general probate information from the Texas courts: Texas Judicial Branch – Probate.

6) Obtain the closing order and keep certified copies

When the judge signs a final decree or order closing the estate, obtain certified copies from the court clerk. These certified closing orders are often needed to update records (e.g., to remove the estate as a lienholder, transfer title, or prove finality to banks or government agencies).

7) Practical follow‑up steps

• Provide certified copies of the closing order to any institution that requires it (banks, DMV, title companies).
• Keep detailed records of notices and filings for several years in case a creditor later appears.
• If a claim later arises, contact the court or an attorney promptly because the court can reopen an estate in some circumstances.

Short hypothetical example

Example: Mary’s spouse dies leaving a small car titled solely in his name worth $3,000 and a checking account that names Mary as POD. Mary collects the POD funds and transfers the car to herself as permitted by the title rules. No other assets or known creditors exist. Mary confirms that no probate assets remain and files an affidavit with the county probate court stating the estate has no assets subject to probate and asks the court for a closing order. The court reviews the documents, confirms notice requirements were met, signs a final decree closing the estate, and issues certified copies Mary can keep with estate records.

When you should get help from a probate attorney

Consider hiring a probate attorney if any of the following apply:

• There is a will but its validity is disputed.
• Real property is titled only in the decedent’s name or there are mortgages/liens that must be cleared.
• Known creditors exist or the estate’s finances are complex (business interests, tax issues, large retirement plans).
• You need to prepare and file court pleadings and want to limit your personal exposure to claims.

Helpful hints

• Order multiple certified copies of the death certificate early — institutions commonly require them.
• Make a careful inventory: check safe deposit boxes, digital accounts, small safety deposit items, and mail for outstanding bills.
• Confirm beneficiary designations on life insurance and retirement accounts — they usually control over wills.
• Maintain a written timeline and file stub of every step you take (who you notified, when, and what documents were filed with the court).
• If you are the surviving spouse and the only heir, courts often issue simple closing decrees when there are truly no assets; still follow notice rules to avoid reopening later.
• Contact the county probate clerk’s office to learn local filing requirements and any local forms — procedures vary by county.
• If unsure whether an asset is probatable, ask the institution in writing how the asset will be handled or consult counsel before spending estate funds.
• Keep a conservatively long record retention schedule — keep probate records and tax returns at least several years after closing.