Steps in the Texas Probate Process

Every probate is unique, but there are some common steps in the Texas probate process for most probate administrations. These steps often include:

Check with whether the Texas Medicaid Estate Recovery Program has a claim

File the:

Probate application (for testate and intestate probates)
Heirship application (for intestate probates)
Motion and order to appoint the attorney ad litem (for intestate probates)
Registered agent designation (for out of state representatives)

Clerk issues citation on the application

Provide notice to the Attorney General if a charity is involved

Lodge the will with the clerk (for testate probates)

Secure and file any consents and waivers and/or serve any necessary parties

The court appoints the attorney ad litem (for intestate probates)

Provide information to the attorney ad item (for intestate probates)

File the Attorney Certificate of Service of Citation (for intestate probates)

Schedule the court hearing

Have the court hearing

Make the required court filings

Sign the oath

Post bond (if required)

Hire appraisers (if required)

Order the letters testamentary or letters of administration

Clerk issues the letters testamentary or letters of administration

If there are estate assets, obtain a taxpayer identification number for the estate and set up a checking account for the estate

Identify, secure, and manage the probate assets

Notify the IRS and/or Texas Comptroller of the appointment

File the decedent’s final tax return(s) and/or the estate’s income tax return(s) (or possibly extensions therefore)

Provide the beneficiaries notice of the will (for testate probates)

File affidavit or certificate regarding notice to beneficiaries

Publish notice to creditors

Send creditor letters

Evaluate creditor claims and assets and pay valid claims

File the inventory or affidavit in lieu of inventory

Set aside homestead and exempt property or allowance in lieu of exempt property

Pay family allowance

File estate tax return and pay any tax owed and then apply for discharge with the IRS

Pay and/or reject creditor claims

Make the distributions to the beneficiaries or heirs and obtain releases

If the probate lasts longer than one year, file the annual accounting

Make the required court filings to close the probate

Our Houston Probate Attorneys provide a full range of probate services to our clients, including helping with probate administrations. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.

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Steps in the Texas Probate Process