Texas
Estate law, probate process, and inheritance rules for Texas — in plain language.
$2,000–$5,000 typical, often less with independent administration
Small estate affidavit + muniment of title
Community property state — spouse owns 50% of community assets automatically
Surviving spouse takes 100% of community property if all descendants are of the marriage. Otherwise spouse + descendants split.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 4 years of death
- ⏱Notice to creditors: 4 months publication
- ⏱Inventory: 90 days after appointment (or waived in independent admin)
- ⚠Texas has 'muniment of title' procedure for some estates — fast and cheap
- ⚠Independent administration (vs dependent) skips most court supervision
- ⚠Homestead protections among strongest in US
- →Independent administration named in will saves time and cost
- →Muniment of title for estates with only real property
- →Strong homestead protection for primary residence
- Texas Estates Code
- Texas Family Code (community property)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Texas.
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