Navigating Probate After the Death of a Loved One in Texas

When someone you care about passes away, the emotional toll is heavy. Along with grieving and supporting other family members, you’re often left with the added burden of legal and financial responsibilities. One of the first and most important legal steps that may need to be taken is probate—a court-supervised process that handles the transfer of a deceased person’s assets and ensures any outstanding debts are paid.

In Texas, probate may be required regardless of whether the deceased left behind a valid will. But the steps you’ll take—and the complexity involved—can vary greatly depending on what kind of estate planning was done beforehand. This guide will walk you through the basics of probate, explain your rights and responsibilities, and offer practical advice for navigating the process with clarity and confidence.

What Is Probate and When Is It Required in Texas?

Probate is the legal process by which a deceased person’s estate is settled. It involves identifying and gathering assets, paying debts and taxes, and distributing what’s left to the rightful heirs or beneficiaries. Probate typically applies to property and assets that are:

• Solely in the deceased’s name (not jointly owned)

   

• Do not have a named beneficiary (like a life insurance policy or retirement account)

   

• Not placed in a living trust

   

Texas law requires probate in situations where assets can’t legally transfer to someone else without court involvement. Whether there is a will or not, probate ensures that assets are distributed in an orderly, lawful manner and that the rights of creditors, heirs, and beneficiaries are protected.

If the deceased had a will, the court will verify that the will is valid and then appoint the executor named in the will to manage the estate. If there is no will, the estate is handled under what’s called intestate succession, and the court appoints an administrator—often a close family member—to carry out the process.

Starting the Probate Process in Texas

The probate process begins by filing an Application for Probate with the county probate court where the deceased lived. Along with the application, you’ll need a certified death certificate and information about the deceased person’s residence, family members, and known assets.

Once the application is filed, the court typically schedules a short hearing to formally recognize the death, verify the will (if there is one), and appoint the executor or administrator. From there, that person has the legal authority to access bank accounts, pay bills, manage real estate, and handle other tasks required to settle the estate.

If you’re appointed as the executor or administrator, your duties may include:

• Identifying and collecting all of the deceased’s assets

   

• Notifying creditors and paying off any debts

   

• Managing ongoing expenses (like mortgages or property taxes)

   

• Filing final tax returns

   

• Distributing property according to the will or intestate succession laws

   

While these tasks may sound straightforward, they can quickly become complicated—especially if there are disagreements among heirs, large debts, or missing paperwork. That’s why many people choose to work with a probate attorney, even in cases that seem relatively simple.

What If You Want to Contest a Will in Texas?

Sometimes, family members or beneficiaries may question the validity of a will. If you believe that a will doesn’t reflect your loved one’s true wishes—or that it was signed under pressure or while they lacked the mental capacity to make legal decisions—you may have grounds to contest the will.

Common reasons for contesting a will in Texas include:

• The will was not signed in accordance with Texas legal requirements

   

• The deceased lacked mental capacity at the time of signing

   

• The will was the result of undue influence or coercion

   

• A more recent and valid version of the will exists

   

To challenge a will, you’ll need to present evidence—such as medical records, witness statements, or a copy of another version of the will—to the probate court. If the court finds your claims valid, it may reject the contested will and use a previous version, or the estate may be distributed under intestate rules.

Because contesting a will can be complex and emotionally charged, it’s a good idea to speak with a probate attorney before taking any formal legal steps.

How Long Does Probate Take in Texas?

One of the most common questions we hear at DeFord Law Firm is, “How long does probate take?” The answer depends on several factors—including whether the deceased had a will, the complexity of their estate, and whether any disputes arise.

Generally:

• With a will: The probate process takes about six months in most Texas counties.

   

• Without a will: Probate can take up to a year or more, especially if court supervision is required or if the heirs disagree.

   

This timeline may also be extended if real estate must be sold, debts are contested, or legal challenges arise.

Can You Avoid Probate Without a Trust in Texas?

Many people assume that setting up a trust is the only way to avoid probate. While trusts are a powerful estate planning tool, there are several other ways to avoid probate for certain assets.

Here are a few probate-avoidance strategies available in Texas:

1. Transfer on Death Deed (TOD):
   This is a special legal document that allows your real estate (like your home) to transfer directly to a named beneficiary upon your death. No probate is required—the new owner simply files an affidavit and your death certificate with the county.

    

    

2. Payable on Death (POD) or Transfer on Death (TOD) Accounts:
   These allow you to name a beneficiary who will automatically receive the funds in your account when you pass away. Common examples include bank accounts, investment accounts, and retirement plans.

    

    

3. Joint Ownership with Right of Survivorship:
   Assets that are co-owned with another person—such as a spouse—can pass directly to that person without going through probate.

    

    

These tools are useful for keeping your estate out of court, but they should be used carefully and as part of a broader estate plan. Working with an attorney can help ensure these documents are correctly prepared and legally enforceable.

Executor Duties and Real Estate in Probate

If you’re named as executor in a will, one of your most important responsibilities is to manage real estate. That often includes selling a home or rental property so the proceeds can be divided among heirs.

If a will exists and gives you this authority, you can typically sell real estate without getting court approval. But without a will, the process becomes more complicated. The court may require you to petition for permission to sell the property, which takes time and increases costs.

Failing to follow these rules can result in legal complications or delays in closing the estate. If you’re unsure about what’s allowed, seek legal advice before making decisions about property sales.

What Happens to a Mortgage During Probate?

A common misconception is that mortgage payments stop after someone dies. In reality, the mortgage must continue to be paid—even while probate is pending.

If payments are missed, the lender can begin foreclosure proceedings, which puts the estate at risk of losing the property. The executor or administrator must ensure that mortgage payments, property insurance, and taxes are kept current until the estate is settled or the property is sold.

This is another reason why timely probate action—and sometimes short-term financial planning—is critical.

Get the Support You Need With Probate

Whether you’re facing the probate process for the first time or you’re dealing with a complicated estate that involves multiple assets and family members, you don’t have to go through it alone. Probate law in Texas is filled with technical requirements, deadlines, and legal terminology—but help is available.

At DeFord Law Firm, we guide families in The Woodlands and surrounding Texas communities through every step of the probate process. We take the time to answer your questions, protect your loved one’s legacy, and help you find a clear path forward.