Texas Probate Wills


Probate is the legal process of verifying your will and estate administration. If your will isn’t proved in court it is denied probate and your estate will pass to heirs as if you never wrote a will. In Texas, probate can last multiple months and last much longer before all of the property is distributed.

Texas probate court is where your will is validated and where the personal representative of the estate is appointed.

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Duties of the Estate Administrator consist of:
1. collection of the assets
2. payment of debts and claims against the estate
3. payment of estate taxes
4. determination of heirs if the decedent died without a will; and
5. distribution of the remainder of the estate to those entitled to it

Married couple’s assets that are held as community property avoid probate and are passed to the surviving spouse.

Other assets that can avoid probate are ones that are passed-by-contract or are held in trust. Non-probate property that gets passed-by-contract include assets such as IRAs and life insurance proceeds. Trust assets are transferred under the terms of the trust.

Your Texas Will and Probate work together to ensure that your assets are administered according to Texas Probate Code.

More information can be found here regarding Texas Wills.