Texas Probate: The Basics

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Managing Editor & Insurance Lawyer

UPDATED: Jun 19, 2018

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Death can take more than an emotional toll: for the family and heirs of a decedent, claiming the property of the estate can seem complex and daunting. Luckily, the Texas probate courts, which handle matters related to the collection and distribution of a deceased person’s assets and estate, are relatively easy to navigate for simple estate claims, and welcome do-it-yourselfers. Here’s what you need to know in Texas to handle a probate by yourself.

Bypassing Texas Probate

Texas probate laws determine the appropriateness of the probate process based on the estate’s size, value, and complexity. Some property can completely bypass the Texas probate system. For example, property that is held in joint tenancy by two or more owners, such as bank accounts, homes, or automobiles, is eligible to bypass Texas probate. In addition, property that is governed by a living trust can bypass Texas probate.

Additional Texas Probate Procedures

Texas County Probate Courts (choose County Probate Court in Court Type pull-down menu)

Texas Probate Code(find Probate Code under Texas Statutes menu)