There are many layers to losing a loved one. There’s the grief, the exhaustion, and—something that doesn’t get discussed nearly often enough—the logistical difficulty of all the administrative tasks that follow their passing.

This includes the often-frustrating process of dealing with their estate, from social media passwords to determining beneficiaries and what to do with their home. Probate and administering a decedent’s estate can cause significant additional stress, from additional legal fees to the extension of the grieving process.

If your loved one’s estate is in probate, you’ll want to learn about the process to understand what to expect and work with trusted legal counsel to move through the process as quickly and painlessly as possible.

What is probate? 

Probate is a legal process of administering an estate – ie admitting the last will and testament. The process is overseen by the courts to ensure that the estate transfer is carried out in accordance with state laws and (if one is present) an individual’s last will and testament.

How probate plays out heavily depends on the presence of a will and other estate planning measures.

What if there is no will? Heirship Proceedings & Intestate Administration

When someone passes away without a will—known as dying intestate—Texas law determines how their assets are distributed. The court typically appoints a close family member as the estate’s administrator. From there, assets are distributed according to Texas intestacy laws, prioritizing spouses, children, and other next of kin.

This process can become complicated if there are disputes among family members or the estate includes complex assets, such as real estate, businesses, or out-of-state property.

If there is a will or estate plan

If a valid will exists, the process generally becomes more straightforward. The named executor will submit the will to the probate court for authentication. Once validated, they settle debts, manage taxes, and distribute assets according to the decedent’s wishes.

If the estate includes a trust, assets held within the trust can often (but not always) bypass probate entirely.

Which assets are subject to probate?

Not every asset goes through probate. Whether an asset is subject to the process depends on how it was titled and if it was part of an estate planning tool, like a living trust. Non-exhaustive examples of assets that might pass directly to beneficiaries without court involvement include:

• Retirement accounts and life insurance policies with named beneficiaries
• Financial and investment accounts with payable-on-death designations
• Jointly-owned property, where both names are listed on the title or deed
• Jointly-owned business assets

But certain assets almost always require probate, including:

• Real estate solely owned by the deceased
• Bank accounts without beneficiary designations
• Personal property, like jewelry, art, and household items
• Business interests not held in a trust or jointly owned

The best way to know what’s in or out of probate is a thorough estate review by an experienced probate attorney. It’s not always black and white, and this conversation can save you time, money, and stress down the road.

7 steps to handling the probate process in Texas

While every probate case is unique, the process generally follows the same key steps. Knowing what to expect can make these situations—which often feel both ambiguous and overwhelming—more manageable.

1. File the application

The first official step in the Texas probate process is filing an application with the probate court in the county where your loved one lived. This application can be submitted by the executor named in the will, or if there is no will, by a family member who wishes to act as the estate’s administrator.

The application notifies the court of the individual’s passing and requests the court’s approval to begin the probate process.

2. Post public notice

After the application is filed, the county clerk posts a notice at the courthouse for at least 10 to 14 days. This waiting period allows anyone who wishes to contest the will or its administration to come forward.

3. Attend the probate hearing

Roughly 30 to 60 days after the application is filed, the court schedules a probate hearing to validate the will (to ensure authenticity) and appoint an executor/administrator. If the executor has been named in the will, the court officially appoints them at this time. If not, the judge will select an administrator. 

If no will exists, the court also determines the legal heirs based on Texas intestacy laws.

4. Notify beneficiaries

Within 60 days of the will being admitted to probate, the executor must provide written notice to all beneficiaries named in the will. This notice informs heirs about their potential inheritance and the ongoing probate process.

The executor must also file a proof of notice affidavit with the court to confirm that this step was completed. Failure to notify beneficiaries can lead to delays or even legal challenges.

5. Inventory and appraise the estate

Once the executor is officially appointed, the next step is to take a complete inventory of the estate’s assets and debts. This inventory is due within 90 days of the executor’s appointment and should include:

• Key documents: Insurance policies, property titles or deeds, financial statements, and tax returns
• Asset values: Property appraisals, vehicle valuations, and assessments of personal items
• Business interests: Ownership documents, contracts, and valuations
• Outstanding debts: Mortgage statements, loans, and final bills

6. Notify creditors and settle claims

After the inventory is filed, the executor must notify known creditors of the estate. This includes publishing a Notice to Creditors in a local newspaper and directly informing creditors that might have claims against the estate.

Creditors typically have four months from the date of notice publication to submit claims. The executor must review each claim, verify its validity, and determine whether it should be paid from estate funds.

Once creditors are notified, the executor can settle outstanding debts and taxes. If the estate doesn’t have the funds to cover debts, Texas law establishes a priority order for payment. 

7. Distribute assets

Asset distribution can be one of the lengthiest stages of probate, especially if disputes arise among beneficiaries. But it’s also lengthy because it can involve many moving parts.

After debts and taxes are paid, the executor can distribute the remaining assets to beneficiaries according to the will—or, if there is no will, according to Texas intestacy laws. This might involve:

• Transferring property titles and deeds
• Closing financial accounts and transferring funds
• Distributing personal property, such as jewelry, artwork, or household items
• Selling real estate or business interests, if required

If any beneficiaries are minors, the executor may need to establish a testamentary trust to manage the inheritance until they reach adulthood.

Get support from a probate attorney

Probate can feel like an uphill battle—especially when you’re already navigating grief.

If you’re facing probate in Texas, the Law Offices of Shann M. Chaudhry, Esq., can guide you with clarity, compassion, and care. Schedule a consultation to learn how we can help you navigate the probate process.