Frequently Asked Questions About Probate in Texas
How long does probate take in Texas?
Most Texas probate cases using independent administration are resolved within six to twelve months, depending on the complexity of the estate and whether any disputes arise. Small estate affidavit procedures can be completed in a matter of weeks. A consultation will give you a realistic estimate based on your specific situation.What happens if there is no will?
When someone dies without a will in Texas, the estate passes according to the state's intestacy laws, which specify the order of inheritance based on family relationships. An heirship proceeding is required to formally identify the legal heirs before the estate can be administered and assets distributed.Can I avoid probate in Texas?
In some cases, yes. If the estate qualifies for a small estate affidavit — generally estates under $75,000 excluding the homestead — full probate can be avoided. Muniment of title is another option for estates where real property is the primary asset and there are no outstanding debts. Proper estate planning, including the use of beneficiary designations and certain trust structures, can also reduce or eliminate the need for probate.What is the difference between an executor and an administrator?
An executor is the person named in a will to manage and settle the estate. An administrator is appointed by the court when there is no will, or when the named executor is unable or unwilling to serve. Both roles carry similar responsibilities — gathering assets, paying valid debts, and distributing what remains to the rightful heirs or beneficiaries.What is a small estate affidavit in Texas?
A small estate affidavit is a simplified legal procedure available in Texas for estates with a total value of $75,000 or less, not counting the homestead or exempt property. It allows heirs to collect and transfer assets without opening a full probate case in court. Not every estate qualifies, and the affidavit must meet specific legal requirements to be valid — an attorney can confirm whether this option applies to your situation.
Probate Attorney Serving Corpus Christi and All of Texas
I represent families in probate and estate administration matters throughout Texas, with a primary focus on Corpus Christi and Nueces County. Whether your family needs full probate, a small estate affidavit, a muniment of title proceeding, or guidance on what to do when there is no will, I will identify the right path and handle the process from start to finish. You do not have to figure this out alone.

