If you read our last article, “What Is Probate and How to Avoid It?”, you already have a foundation for understanding of how probate works and why some families try to avoid it. If you missed it, you can find the blog here.
In this article, we are walking through what actually happens when probate is necessary. Knowing the steps ahead of time can help reduce confusion, stress, and a lot of second guessing during an already emotional time.
What Is Probate in Texas A Quick Overview
Probate is the legal process used to settle a person’s estate after they pass away. It ensures that assets are identified, debts are handled, and property is distributed to the correct people - to people identified in a will or identified by statute if there is no will.
In Texas, probate is often more efficient than in many other states because of something called independent administration. Even so, there are still specific steps that must be followed.
Think of probate as the court’s way of making sure everything is handled properly and fairly.
💡 While it may not be as dramatic as it looks on television, it does involve detailed paperwork and a structured legal process.
Why Understanding the Process Matters
Quick example: a family walked into an attorney’s office after losing a loved one. They had the will in hand, believed everything was organized, and assumed things would be simple. They thought it would be a quick process. Maybe a few forms, a couple of signatures, and then they could move forward.
Instead, they found themselves asking questions they did not expect. Why can’t we access the bank account yet? What is a probate hearing? Why are we waiting to see if everyone agrees? Weeks turned into months, and what they thought would be straightforward began to feel overwhelming. Not because anything was wrong, but because they did not know what to expect.
With the right guidance, they were able to move through each step with clarity. The executor understood their role, deadlines were met, and the estate was settled without conflict. In the end, the family was able to focus on what mattered most, supporting one another and honoring their loved one’s wishes.
💡 In many real cases, families who do not have this kind of guidance can face prolonged delays, disputes, or even court involvement that could have been avoided.
💡 The truth is, probate often feels hardest when you are navigating it without a clear roadmap.
That is exactly why understanding the key milestones ahead of time can make such a difference.
Key Milestones in the Texas Probate Process
Understanding the major steps can make the process feel much more manageable.
Filing the Application for Probate
The process begins by filing an application with the probate court in the county where your loved one lived.
💡 This officially starts the probate process and puts everything into motion. We suggest getting a lawyer (and the courts often require you to have a lawyer) to help you with this proccess.
ÂPosting Notice and Waiting Period
After filing, the county clerk posts a public notice that will be returned to the clerk on the Monday after the notice has been posted for 10 days. This allows time for anyone to contest the will if needed.
💡 This waiting period is required, even if “everyone” is in agreement.
ÂAppointment of Attorney Ad Litem
If there is no will, an Attorney Ad Litem will be appointed by the court to represent the interests of the “unknown heirs.” This person will be responsible for making sure that all of the heirs were properly identified in the application.
ÂSubmitting Documents and Proposed Court Orders to the Court
In preperation for the probate hearing, the applicant’s Attorney will submit all documents that are going to be used in the probate hearing to the Attorney Ad Litem, if one exists, and to the court for their review. Any changes to those documents will be submitted to the court in advance.
Attending the Probate Hearing
A judge reviews the case to confirm that the will is valid and appoints the executor (person named in the will) or administrator (person not named in the will).
Once approved, the executor or administrator receives Letters Testamentary or Letters of Administration, making them the legal agent of the estate.
💡 Without this step, financial institutions and other parties will not release information or assets.
Identify and Provide Notice of the Estate to All Creditors
After the estate has been admitted to probate, the estate must provide notice to secured creditors and public notice to unsecured creditors. A secured creditor is any creditor that can take a piece of property if you failed to make payments. The most common examples of secured creditors are: mortgage companies and car loan companies.
Identifying and Inventorying Assets
The executor gathers and documents all assets, including bank accounts, real estate, investments, and personal property.
This information is submitted as an Inventory, Appraisement, and List of Claims.
💡 This step creates a clear picture of what is included in the estate.
Paying Debts and Taxes
Before any assets are distributed, the estate must settle outstanding debts such as outstanding child support, property taxes, attorney’s fees, court ordered judgements, secured debt, and potentially unsecured debt such as: medical bills and credit cards.
💡 Yes, bills still need attention, even during probate. That being said, you cannot make payments out of bank accounts that you do not have access to.
Distributing Assets to Beneficiaries
After debts are resolved, the remaining assets are distributed according to the will or Texas law if there is no will.
💡 This is the step most families are waiting for, but it cannot happen until everything else is completed.
Closing the Estate
The final step is wrapping up the estate and completing any required filings with the court.
💡 Once this is done, the probate process is officially complete.
💡 Sometimes estates will be left open and not formally closed. However, that could be a liability concern for the executor or administrator of the estate. It is generally a good idea to formally close the estate.
Common Pain Points Families Experience During Probate
Even with a clear process, probate can present challenges. Being aware of these common pain points and steps ahead of time can help families feel more prepared.
Emotional and Administrative Overload
Families are often managing grief while also handling legal responsibilities and paperwork. This combination can feel overwhelming.
Confusing Legal Language
Probate involves terms and documents that are unfamiliar to most people, which can create uncertainty and hesitation. If you have questions, do not hesitate to ask your attorney.
Delays and Waiting Periods
Court schedules, required notices, and document processing times can slow things down more than families expect. Often some of the most significant delays can be waiting for a hearing date based on court availability.
Family Disagreements
Even in close families, differences in expectations or interpretations can lead to tension during the process.
Executor Responsibilities
Serving as an executor is a meaningful role, but it comes with significant responsibility and accountability.
Unexpected Costs
Probate can include court costs, attorney fees, and other expenses that families may not have planned for. Sometimes probate can cost anywhere form $3,000 to over $15,000. If the case involves litigation, including determining whether a couple is common law married, the cost can soar over $25,000+.
A Final Thought
While probate can feel complex, many estates in Texas move through the process more smoothly than expected with the right support and understanding of each step.
💡 Having a clear plan and guidance can make a significant difference during this time.
Texas Based Probate Resources
For additional information and guidance, these Texas specific resources can be helpful:
Texas Judicial Branch offers probate basics and court procedures
State Bar of Texas provides public legal guidance on estate administration
Texas Law Help includes step-by-step guides and downloadable forms
You Don’t Have to Navigate Probate Alone
👉 Schedule a call or give us a call at (214-758-8681).
What Is Coming Next in This Series
In the next article, we will cover a situation many families face but do not always feel prepared for.
What to do if you have lost a loved one and cannot find their will
This is more common than you might think, and there are clear steps you can take to move forward.
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