Texas Probate by County

Texas has statutory probate courts in 10 counties: Harris (Houston, 5 courts), Dallas (3 courts), Tarrant (Fort Worth, 2 courts), Bexar (San Antonio, 2 courts), Travis (Austin, 2 courts), El Paso (2 courts), Denton (2 courts), Galveston (1 court), Collin (1 court, effective 2025), and Hidalgo (1 court, effective 2025). These courts have judges who hear only probate, guardianship, and trust matters. All other counties handle probate through county courts at law, constitutional county courts, or district courts.

Independent administration is a streamlined probate process unique to Texas (and a few other states) that allows the executor to manage the estate without ongoing court supervision. Once appointed by the court, an independent executor can sell property, pay debts, settle claims, and distribute assets without filing additional motions or getting court approval for each action. This is the default when the will names an independent executor, and it significantly reduces the time and cost of probate compared to dependent (court-supervised) administration.

Most straightforward Texas probate cases with independent administration take 6-12 months from filing to final distribution. The initial court hearing to appoint the executor typically occurs within 2-4 weeks of filing. However, the process can take longer in high-volume counties like Harris (Houston) or Dallas, for contested estates, or when there are complex assets like mineral interests or business holdings. Dependent administration cases requiring court supervision at each step generally take 12-18 months or more.

No. Texas has no state estate tax, no state inheritance tax, and no state income tax. Heirs in Texas do not owe any state-level tax on inherited assets. Only the federal estate tax applies, and only for estates exceeding the federal exemption threshold (currently $13.99 million per individual in 2025). This makes Texas one of the most tax-friendly states for inheritance.

Texas law requires that a will be offered for probate within four years of the decedent's death (Texas Estates Code Section 256.003). If this deadline is missed, the will generally cannot be admitted to probate, and the estate is distributed under Texas intestacy laws as if the person died without a will. There are limited exceptions if the person offering the will was not in default — meaning they had a valid reason for the delay — but meeting this deadline is critical.

Texas law does not strictly require an attorney for probate, and executors can technically represent themselves. However, probate involves complex legal filings, strict deadlines, and court appearances that make professional representation strongly advisable. An attorney familiar with your county's specific court procedures — whether that is a statutory probate court, county court at law, or district court — can help avoid costly mistakes and delays. Attorney fees in Texas are typically negotiated (not set by statute as in California) and may be paid from estate funds.

Yes. If you are an heir or beneficiary of an estate currently in probate in any Texas county, you may qualify for an inheritance advance from First Heritage Funding. An inheritance advance is not a loan — there are no monthly payments, no credit check, and no personal liability. You receive a portion of your expected inheritance upfront and repay only when the estate is settled. Call (800) 617-7260 for a free, no-obligation quote.