What to Expect in Probate Court and How to Probate a Will

Probate court isn’t like the dramatic courtrooms you see on TV. There’s no jury, no dramatic cross-examinations, and usually no shouting matches. Instead, it’s more like a very formal administrative process where a judge makes sure everything follows Texas law and protects everyone’s interests. If you’re unsure about what to expect in probate court, know that the process can still feel intimidating when you’re walking into that courthouse for the first time, clutching a stack of documents and hoping you didn’t forget anything important.

How to Probate a Will in Texas

Here are the steps to probate a will in Texas:

Step 1: Locate the Original Will & Death Certificate

Before you can do anything else, you need the original will—not a copy, not a scan, but the actual document the deceased signed. Texas courts are particular about this because they want to prevent fraud and ensure they’re working with the real thing.

If you can’t find the original will, you might be able to probate a copy, but you’ll need to prove the original existed and explain why it’s missing. This process is more complicated and expensive than probating an original will.

You’ll also need certified copies of the death certificate, typically several of them since various institutions will want their own copies. The funeral home usually handles getting these, but make sure you order enough.

Step 2: Choose the Right Probate Path

Not all probate cases follow the same process. Texas offers several options depending on the estate’s size and complexity. Small estates might qualify for simplified procedures, while larger or more complex estates require full probate administration.

If the will names an executor and meets Texas requirements, you might be able to use independent administration, which gives you more flexibility and requires less court supervision. Dependent administration involves more court oversight and can be more time-consuming and expensive.

Step 3: Hire a Houston Probate Attorney

While Texas law doesn’t require you to hire an attorney for probate, doing so is usually wise unless the estate is very simple. Probate involves legal deadlines, court procedures, and potential liability issues that can be costly to get wrong.

A qualified Houston probate attorney can help you understand which probate process applies to your situation and guide you through the paperwork and court requirements. They can also help you avoid common mistakes that delay the process.

Step 4: File the Application & Supporting Documents

The probate process officially begins when you file an application with the appropriate Texas probate court. This application includes the original will, death certificate, and information about the deceased’s assets and beneficiaries.

You’ll also need to post notice of the probate proceeding, which gives potential creditors and interested parties a chance to object or make claims against the estate. The notice requirements are specific, and failing to follow them properly can cause delays.

Step 5: Prove-Up Hearing, Oath, Bond & Letters Testamentary

The court will schedule a hearing where you’ll need to prove that the will is valid and that you’re qualified to serve as executor. This typically involves testimony from witnesses who can verify the deceased’s signature and mental capacity when the will was signed.

If the court approves your application, you’ll take an oath to faithfully perform your duties as executor. Depending on the circumstances, you might also need to post a bond to protect the estate from potential mismanagement.

Once these requirements are met, the court will issue Letters Testamentary, which give you legal authority to act on behalf of the estate. These letters are essential for accessing bank accounts, selling property, and handling other estate business.

Step 6: Inventory, Creditor Notices, Debt Payment & Distribution

After receiving your Letters Testamentary, you’ll need to prepare and file an estate inventory within 90 days. This comprehensive list of the deceased’s assets and their values serves as the foundation for estate administration.

You’ll also need to notify creditors and give them a chance to make claims against the estate. Texas law sets specific deadlines for creditor claims, and following these procedures properly protects you from personal liability.

Once creditor claims are resolved and any estate taxes are paid, you can distribute assets to beneficiaries according to the will’s terms.

Common Mistakes When Probating a Will

One of the biggest mistakes is failing to communicate with beneficiaries. Even when you’re doing everything correctly, beneficiaries who don’t understand the process can become frustrated and suspicious. Regular updates about the probate timeline and any delays can prevent misunderstandings.

Another common error is mixing estate assets with personal assets. As executor, you have a fiduciary duty to keep estate property separate from your own. Using estate funds for personal expenses or depositing estate income into your personal accounts can create serious legal problems.

Failing to meet court deadlines is also problematic. Texas probate courts have specific requirements for filing inventories, paying debts, and distributing assets. Missing these deadlines can result in removal as executor and personal liability.

Many executors also underestimate the time and complexity involved in probate administration. What seems like a simple estate can become complicated when you start dealing with creditor claims, tax issues, or family disputes.

Working with an experienced Houston will attorney can help you navigate the probate process more efficiently and avoid the common pitfalls that delay estate administration and increase costs. Learn more about our attorneys in Houston, Texas.