Detailed Answer
When a decedent’s estate has not yet been probated in Texas, an interested person must open a new probate proceeding. Generally, you follow one of three paths depending on the estate’s size and whether the decedent left a will:
- Assess the appropriate procedure:
- Small Estate Affidavit if total personal property is ≤ $75,000 (excluding homestead and exempt property) (Estates Code § 205.002).
- Muniment of Title when there is a valid will and debts are limited (Estates Code § 256.001).
- Full Administration if the estate exceeds small estate limits or significant debts exist (Estates Code § 401.002).
- Confirm venue: File in the probate court of the county where the decedent was domiciled (Estates Code § 32.002).
- File the application or affidavit:
- For full administration: submit an Application for Letters of Administration.
- For will probate: submit an Application for Probate of Will and Issuance of Letters Testamentary.
- For small estates: file an Affidavit of Heirship signed by two disinterested adult witnesses.
- Submit required documents:
- Certified death certificate.
- Original will (if probating).
- Oath of personal representative.
- Bond, if required by the court.
- Filing fee.
- Provide notice: Notify heirs and beneficiaries according to Estates Code requirements and publish notice to creditors when required.
- Appointment and letters: Attend the probate hearing (if scheduled). The court issues Letters of Administration or Letters Testamentary, or approves the small estate affidavit.
- Administer the estate: Inventory assets, pay valid debts, file inventories and accountings (for full administrations), then distribute remaining assets to heirs or devisees under Texas law.
Helpful Hints
- Gather all asset and liability information before you file.
- Review the Texas Estates Code on the official legislature website.
- Check local probate court rules and fee schedules.
- Verify small estate thresholds before using an affidavit.
- Maintain detailed records of notices, inventories, and distributions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for guidance on opening a probate proceeding.