Texas Guides / Inheritance
Probate in Texas, with a will and without one
Quick answer
Probate is the court process that moves a person's property to their heirs after death. If there's a will, it generally has to be filed within 4 years of the death; if the estate owes no debts, a short process called a muniment of title may be enough. If there's no will, Texas law decides who inherits, and the family can ask a court to declare the heirs. In Bexar and Travis counties, the court filing fee alone runs $360 to $515 in 2026, before any lawyer's fee.
Who this guide is for
- Your parent or spouse died and the house or land is still in their name.
- You found a will and want to know what to do with it and how long you have.
- A relative died without a will and you want to know who inherits under Texas law.
- You have a will made in Mexico and land in Texas.
Not for you if…
- The land is outside Texas: every state has its own probate rules.
- There's already a lawsuit or a fight in court: you need a lawyer today.
- You're looking for the rules of a sucesión in Mexico: each Mexican state has its own code.
When someone dies in Texas, their house or land doesn't move into the children's names on its own. Many families find out years later, when they try to sell and the title company says the property is still in their late father's name. This guide explains Texas probate, with a will and without one, so you know which path may fit.
What probate is
Probate (in Spanish, sucesión or juicio sucesorio) is the court process that confirms who inherits and transfers a deceased person's property. In Texas it is handled by the county court or the statutory probate court in the county where the person lived.
Texas law says that at death, property vests immediately in the people named in the will, or in the heirs if there's no will (§101.001). But to sell or borrow against the land, you need paperwork that proves it. Probate, or one of its alternatives, creates that paperwork.
If there's a will
A valid Texas will must be in writing, signed and witnessed by two credible witnesses age 14 or older (§251.051). A will written entirely in the testator's own handwriting needs no witnesses (§251.052).
Self-proved wills
Many wills end with an affidavit signed by the testator and the witnesses before a notary. That makes the will self-proved, and the court can admit it without any witness testifying (§251.101 and §251.102). If it isn't self-proved, a witness usually has to testify (§256.153).
Independent administration
When debts need paying or several assets need dividing, the court appoints an executor. The most common route in Texas is independent administration: after appointment, the executor acts without a court order for each step (§402.002). The will can call for it, or all the beneficiaries can agree to request it (§401.001 and §401.002).
Muniment of title: when there are no debts
If the estate owes no unpaid debts other than a mortgage or another lien on real estate, the court can admit the will as a muniment of title (§257.001). No executor is appointed. The court's order lets the beneficiary deal with the land as if title were already in their name (§257.102).
In practice, the Texas State Law Library says the order and a copy of the will then need to be recorded with the county clerk where the land is located. The statute also requires the applicant to file a sworn affidavit within 180 days stating which terms of the will have been carried out, though the court can waive or extend it (§257.103).
The 4-year rule
This is the most expensive mistake families make. They keep the will in a drawer and assume that settles it. It doesn't.
- The rule: a will may not be admitted to probate after the fourth anniversary of death (§256.003(a)).
- The exception: it can be, if the person offering it proves they were not in default for failing to file sooner.
- What you lose: after 4 years, letters testamentary can't issue unless the application was filed in time (§256.003(b)). In practice, lawyers often use a muniment of title in these late cases. Ask a lawyer about your situation.
- Notice to heirs: a late applicant must notify the heirs that the property passes to them if the will isn't admitted (§258.051).
- Buyers: someone who buys in good faith from the heirs after 4 years, without knowing about a will, keeps good title (§256.003(c)).
- Wills of people who lived outside Texas: if the will was already probated in another state or country, it can be probated here at any time (§501.001).
My parent died without a will in Texas
With no will, Texas law decides who inherits (Chapter 201). The first question is whether the land was community property or separate property.
- Community property: anything acquired during the marriage. The law presumes it belongs to both spouses (Family Code §3.002 and §3.003).
- Separate property: what a spouse owned before marriage, or received by gift or inheritance (Family Code §3.001).
| Situation | Community land | Separate land of the deceased |
|---|---|---|
| Married, and all the deceased's children are also the surviving spouse's children | All of it stays with the surviving spouse (§201.003) | The spouse gets a life estate in one-third; the children get the rest (§201.002) |
| Married, with children from another relationship | The deceased's half goes to their children; the other half already belonged to the spouse (§201.003) | Same: life estate in one-third for the spouse; the rest to the children (§201.002) |
| Married, no children | All to the spouse (§201.003) | Half to the spouse; half to the deceased's parents and siblings. If there are none, all to the spouse (§201.002) |
| Not married, with children | All to the children, in equal shares (§201.001) | |
| Not married, no children | To the parents; if only one survives, shared with the siblings (§201.001) | |
A court heirship determination
To make the heirs official, you can ask a court for a determination of heirship at any time after the death (§202.0025). The court appoints an attorney ad litem to protect any unknown heirs (§202.009), and the judgment names the heirs and each one's share (§202.201).
When the family is simple and everyone agrees, many families use an affidavit of heirship instead, which skips the court. For small estates, see the small estate affidavit guide.
Dependent administration
With debts, disputes or minor heirs, a dependent administration supervised by the court may be needed. It is slower: for example, the administrator can't sell land without a court order (§356.001). With no will, an independent administration is only available after the court has declared who all the heirs are (§401.003).
The options, side by side
| Option | When it fits | Court involvement | Time | Fee in Bexar / Travis (2026) |
|---|---|---|---|---|
| Muniment of title | There's a will, under 4 years, no debts except real estate liens | Yes, one short hearing | Varies; at least the 10-day notice | $415 / $360 |
| Independent administration | Debts or several assets; the family cooperates | Yes at the start, little after | Varies | $415 / $360 |
| Dependent administration | Disputes, minors, or the will requires it | Yes, at every major step | Slowest; varies | $415 / $360 plus fees for each filing |
| Heirship determination (court) | No will, or heirs who can't be found | Yes | Varies | $460 / $360 |
| Affidavit of heirship | No will, simple family, everyone agrees | No; recorded with the county | Becomes evidence in court after 5 years on record (§203.001) | Recording fee |
| Small estate affidavit | No will, up to $75,000 excluding the homestead; can pass only the homestead | Yes, the judge approves it | After 30 days from death (§205.001) | $360 / $360 |
The fees are the court application fees only, from the official Bexar and Travis lists. They don't include the lawyer, citations or published notices. The court can't act until the citation has been posted at the courthouse for at least 10 days (§51.053 and §258.003).
Is a will from Mexico valid in Texas?
It can be. Texas accepts a written will that complies with the law of the country where it was signed, or where the testator lived (§251.053). A will that is self-proved under that country's law needs no further proof of how it was signed (§256.152(b)). But just as in Mexico, the will alone doesn't move the land. There are two cases:
- The person lived in Texas and signed the will in Mexico: it is probated in a Texas court like any other will, and the 4-year rule applies.
- The person lived in Mexico and owned land in Texas: if the will was already probated or established in Mexico, it can be probated in Texas at any time (§501.001). You need copies attested by the official there, with the judge's certificate and the court seal (§501.002(c)). It can also be recorded directly in the county where the land sits, where it then works as a deed (§503.001 and §503.051). It can be contested only on limited grounds (§504.001).
Translation: to record a Spanish-language will in county records, the statute requires a correct English translation, sworn to before an officer authorized to give oaths (§503.002).
Apostille: Mexico and the United States are both parties to the Hague Apostille Convention (HCCH). In practice, courts and title companies generally ask for Mexican documents to be apostilled and translated. That is common practice, not a rule in these chapters. Ask the court what it wants.
Skipping probate: the transfer on death deed
If you own land in Texas and want to spare your family probate, Texas has the transfer on death deed. You name a beneficiary, and when you die the land passes to that person (§114.051).
- Prepare the deed using the legal description from your current deed, not your tax bill. TexasLawHelp has free forms in English and Spanish.
- Sign it yourself before a notary. It can't be signed under a power of attorney (§114.054).
- Record it in the county where the land sits before you die. If it isn't recorded in time, it doesn't work (§114.055). In Bexar and Travis, recording costs $25 for the first page and $4 for each additional page (Bexar, Travis).
You can revoke it at any time by recording a revocation or a new deed (§114.052 and §114.057). Tearing up your copy doesn't cancel it. The beneficiary must outlive you by 120 hours (§114.103). If you already inherited land with your siblings, read heirs' property in Texas.
Costs and timing
| Filing | Bexar County | Travis County | Notes |
|---|---|---|---|
| Application to probate a will (with letters testamentary) | $415 | $360 | Filing fee only. Lawyer not included. |
| Will as a muniment of title | $415 | $360 | Only when there are no debts other than real estate liens. |
| Determination of heirship | $460 | $360 | For estates with no will. |
| Administration plus heirship, combined | $515 | $360 | Travis lists it as one application. |
| Will filed after 4 years, or a lost will | Varies | $360 plus a $525 deposit | In Travis the deposit also applies whenever the court needs an attorney ad litem. |
| Foreign will | $360 | $360 | Travis charges the same to record only or to seek letters. |
| Lawyer's fees | Varies | Varies | Get a written quote. |
| Free legal help | Free if you qualify | Free if you qualify | Free legal help in Texas |
Sources: Bexar County Clerk fee list, effective January 1, 2026 (includes service fees) and Travis County Clerk probate fees. Fees change. Call the county clerk before you file.
The law and official forms
The law
- Texas Estates Code §101.001: at death, property vests immediately in the people named in the will or, with no will, in the heirs, subject to the estate's debts.
- Texas Estates Code §256.003: a will can't be admitted to probate after the fourth anniversary of death unless the applicant shows they were not in default. After 4 years, letters testamentary can't issue unless the application was filed in time.
- Texas Estates Code §258.051: anyone offering a will after 4 years must notify the heirs that the property passes to them if the will isn't admitted.
- Texas Estates Code §257.001 and §257.054: a court may admit a will as a muniment of title if the estate owes no unpaid debt other than debt secured by real estate, or administration is otherwise unnecessary.
- Texas Estates Code §257.102: under a muniment of title order, the person entitled to the property can treat it as if title were already in their name.
- Texas Estates Code §251.051, §251.052 and §251.101–§251.102: a will must be written, signed and witnessed by two people age 14 or older, except a will entirely in the testator's handwriting. A self-proved will can be admitted without witness testimony.
- Texas Estates Code §251.053: a written will is valid if it complies with the law of the country where it was signed or where the testator lived.
- Texas Estates Code §401.001–§401.003 and §402.002: allow independent administration, where the executor acts without a court order for each step. With no will, the court must first declare who all the heirs are.
- Texas Estates Code §201.001–§201.003: set who inherits with no will, with or without a surviving spouse, and treat community property and separate property differently.
- Texas Family Code §3.001–§3.003: property acquired during marriage is presumed community property. Property owned before marriage, or received by gift or inheritance, is separate.
- Texas Estates Code §202.0025, §202.009 and §202.201: an heirship proceeding can be brought any time after death. The court appoints an attorney ad litem for unknown heirs, and the judgment names the heirs and their shares.
- Texas Estates Code §356.001: in a court-supervised administration, estate property generally can't be sold without a court order.
- Texas Estates Code §501.001, §501.002 and §502.001: the will of someone who didn't live in Texas can be probated here at any time if it was already probated or established elsewhere, using copies certified by the court there.
- Texas Estates Code §503.001, §503.002 and §503.051: a foreign will already probated can be recorded in county deed records. If it isn't in English, a correct English translation sworn before an officer must be recorded with it. Once recorded, it works as a deed.
- Texas Estates Code §504.001: lists the grounds for contesting a foreign will in Texas.
- Texas Estates Code §114.051–§114.057: a transfer on death deed passes real property to a beneficiary at the owner's death. It is revocable, can't be signed under a power of attorney, and must be recorded before death.
Official forms
- Texas Transfer Toolkit (transfer on death deed, cancellation and affidavit of death): free TexasLawHelp.org forms, in English and Spanish.
- Texas State Law Library probate guide: explains probate and the muniment of title.
- Bexar County probate fee list (2026): official Bexar County Clerk PDF.
When to call a lawyer
- More than 4 years have passed since the death and there's a will.
- The family disagrees, or someone says the will is fake.
- There are debts, a Medicaid claim or a creditor asking to be paid.
- Some heirs can't be found, or minor children inherit.
- The will was made in Mexico or the person lived in Mexico.
- There are children from another relationship and the land was bought during the marriage.
Find free legal help or check a lawyer at texasbar.com.
Frequently asked questions
How much does probate cost in Texas?
It depends on the county and the lawyer. In 2026 the court application costs $415 in Bexar and $360 in Travis, and an heirship determination costs $460 in Bexar and $360 in Travis. Add the lawyer's fee, which varies widely. If you can't afford one, look for free legal aid.
My dad died without a will in Texas. Who gets the house?
It depends on whether he was married and how he acquired the house. If it was bought during the marriage and all his children are also his surviving wife's children, his half passes to her. If he had children from another relationship, his half goes to his children. If the house was his separate property (for example, he owned it before marrying), his wife gets a life estate in one-third and the children get the rest.
Can I do probate without a lawyer?
It's hard. In practice, the Texas State Law Library says that for a muniment of title the beneficiaries will likely need an attorney to file the application. Ask your county probate court what it requires, or look for free legal aid if you can't pay.
What if we find the will more than 4 years later?
Generally it can no longer be probated. The exception is when the person offering it proves they weren't in default. Even then, the court can't issue letters testamentary, and the heirs must be notified. Talk to a lawyer soon.
Is a will from Mexico valid in Texas?
It can be. Texas accepts a written will that complies with the law of the country where it was signed or where the person lived. But the will alone doesn't move the land: it has to be probated in a Texas court or, if it was already probated in Mexico, recorded here with certified copies and a sworn English translation.
How long does probate take?
It varies. The floor is the public notice: the court can't act until the citation has been posted at the courthouse for at least 10 days. A simple muniment of title is usually faster than an administration with debts or disputes.
What is a muniment of title?
A short form of probate. The court admits the will but doesn't appoint an executor. It's used when there are no debts other than a mortgage or another real estate lien. The court order and the will are then recorded in the county where the land sits.
Nuestras Tierras, https://nuestrastierras.org/en/texas/guides/probate/. Updated: 2026-10-23. Legal review: pending. General information, not legal advice.