Estate planning
What probate is and when it's needed
Updated June 11, 2026
Probate is the court process that settles a person's affairs after death. It confirms that a will is valid, or determines who the heirs are when there's no will. It gives someone legal authority to act for the estate, makes sure debts are handled, and transfers property to the people entitled to it. In Travis County, probate cases are heard by a statutory probate court.
If someone close to you has just died
There's usually no need to start probate in the first days after a death. Many families begin by securing the home, vehicles, and valuables, locating the original will if there is one, collecting mail, and ordering several certified copies of the death certificate. Families are generally cautioned not to distribute belongings or pay the person's debts from their own money until they understand how the estate will be handled. When you're ready, our intake coordinator can arrange a conversation with an attorney.
Property that usually passes without probate
- Life insurance and retirement accounts with a living beneficiary
- Payable-on-death bank accounts and transfer-on-death brokerage accounts
- Accounts and property held with a right of survivorship
- Assets held in a revocable living trust
- Real estate covered by a recorded transfer on death deed
If everything passed this way, probate may not be needed at all.
Deadlines worth knowing
- Whoever has the original will must deliver it to the county clerk after learning of the death.
- A will generally must be offered for probate within four years after the death. After that, the options become much more limited.
- Once a case begins, Texas law sets further deadlines for notices to beneficiaries and creditors and for filing an inventory.
The main options in Texas
Independent administration
This is the most common path when there's a will. After the court appoints the executor, the executor settles the estate with limited court supervision. Heirs can often agree to independent administration even when there's no will. See Independent administration in Texas.
Dependent administration
In a dependent administration, the court must approve many of the representative's actions. It takes more time and costs more, and it's used when independent administration isn't available or appropriate.
Muniment of title
Muniment of title is a streamlined Texas procedure. The court admits the will, and its order serves as the record that transfers property to the beneficiaries, without appointing an executor. It's generally available only when the estate has no unpaid debts other than debts secured by real estate, and in certain other limited situations.
Small estate affidavit
When there's no will and the estate's value is below a statutory limit, not counting the homestead and certain exempt property, the heirs may be able to use a small estate affidavit approved by the court instead of a full administration.
Determination of heirship
When someone dies without a will, the court determines the heirs under Texas law. The court hears testimony from witnesses who knew the family and appoints an attorney ad litem to represent any unknown heirs. An heirship proceeding is often combined with an administration when one is needed.
Affidavit of heirship for real estate
For real estate, title companies sometimes accept a recorded affidavit of heirship instead of a court proceeding. Whether that works depends on the property, the family, and the title company.
What probate costs with us
| Proceeding | Typical flat fee |
|---|---|
| Small estate affidavit | $1,500–$2,500 |
| Muniment of title | $2,500–$3,500 |
| Independent administration with a will, uncontested | $4,500–$7,500 |
| Determination of heirship and administration without a will | $6,000–$10,000, plus the attorney ad litem's fee |
Court costs are billed separately. See our estate-planning fee schedule and how long things take.
What we don't handle
We don't handle contested probate, such as will contests or disputes among heirs. If a dispute arises, we'll help you find litigation counsel.
This is general information, not legal advice.