Texas Probate and Intestate Succession: What Happens Without a Will (2026)

Texas has no single statewide probate court; depending on the county, a case is heard in a Statutory Probate Court, a County Court at Law, or a Constitutional County Court. Most Texas estates use independent administration, a distinctly low-supervision process that sets Texas apart from most other states.

Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.

How Probate Works in Texas

Texas probate does not run through one dedicated statewide court. Texas Estates Code Chapter 32 assigns jurisdiction based on the county: the state's most populous counties, including Harris, Dallas, and Travis, have dedicated Statutory Probate Courts (often numbered, such as Probate Court No. 1); counties without one but with a County Court at Law generally hear probate there; and counties with neither route probate through the Constitutional County Court. Regardless of which of these three court types actually hears a given case, Texans generically call the proceeding probate court.

The defining feature of Texas probate, and the biggest way it diverges from most other states, is independent administration. Under Estates Code Chapter 401 through 405, an independent executor or independent administrator manages the estate largely free of ongoing court supervision. Once appointed, that person can generally sell estate assets, pay valid debts, and make distributions to beneficiaries or heirs without seeking court approval for each step. Estates Code § 402.002 states that rule directly: unless the Estates Code specifically provides otherwise, any action a court-supervised representative could take, with or without a court order, may be taken by an independent executor without one. Section 402.001 is the other half of the same rule, keeping further action in the probate court to the situations the code specifically and explicitly provides for. That is a sharp contrast with the fully court-supervised probate many other states default to, where a personal representative typically needs judicial sign-off before selling a house or closing out a claim.

Independent administration can arise in two ways. First, a testator can name an independent executor directly in a valid will, which is the most common route and one reason so many Texas wills specifically use that language. Second, and this is the detail that surprises people who assume independent administration requires a will, an intestate estate can also proceed independently if all of the decedent's heirs, after a formal court proceeding to determine heirship, unanimously agree in writing to designate an independent administrator. The court then enters the order granting independent administration unless it finds that doing so would not be in the best interest of the estate, so unanimous agreement is necessary but not automatically decisive. Estates Code § 401.003. That unanimous-agreement mechanism means even a Texan who died without a will can often avoid the heavier, fully supervised process, as long as the heirs are not in conflict.

The alternative is dependent administration, which is fully court-supervised: the administrator needs court approval for most significant actions, including selling estate property, paying claims, and making distributions. Texas courts require dependent administration when a will does not authorize independent administration and the heirs cannot unanimously agree to designate an independent administrator, when the estate is contested, or when there are minor heirs or other circumstances that call for closer court oversight. Because dependent administration requires a court order for nearly every meaningful step, it generally takes longer and costs more in legal and court fees than independent administration.

Once a personal representative is appointed, notice to creditors follows a defined timeline. Within one month of receiving Letters Testamentary, the representative must publish a general notice in a newspaper requiring every person who has a claim against the estate to present it. Estates Code § 308.051. Known secured creditors must also be notified individually within two months. Estates Code § 308.053. Notice aimed specifically at an unsecured creditor is optional rather than required: an independent executor may send one at any time before the administration closes, and that notice bars the claim unless the creditor presents it within 121 days of receiving it. Estates Code §§ 308.054, 403.051. A secured creditor must elect how its claim will be treated by the later of six months after Letters are granted or four months after it receives the § 308.053 notice, so the deadline can run past the six-month mark. Estates Code § 403.052. Texas does not impose as rigid a claims-bar deadline as some Uniform Probate Code states use, but these notice windows still shape how quickly an independent administration can move toward closing.

Intestate Succession in Texas: Who Inherits Without a Will

When a Texan dies without a valid will, Texas Estates Code Chapter 201 decides who inherits, and because Texas is a community property state, the answer depends on whether property is classified as community or separate.

Community property. Under Estates Code § 201.003, if all of the decedent's surviving descendants are also descendants of the surviving spouse, or if the decedent has no surviving descendants at all, the surviving spouse inherits the decedent's one-half interest in the community estate outright. Combined with the half the spouse already owned as a matter of community property law during the marriage, the surviving spouse ends up owning the entire community estate. The outcome changes if the decedent has a surviving descendant who is not also a descendant of the surviving spouse, for example a child from a prior relationship. In that case, the decedent's one-half community interest passes to that descendant, and any other descendants, rather than to the spouse. The surviving spouse keeps only the half of the community property that was already legally theirs, and does not inherit any additional share of the decedent's half.

Separate property. Under Estates Code § 201.002, if the decedent has surviving descendants, the surviving spouse takes one-third of the decedent's separate personal property outright, with the descendants taking the remaining two-thirds. For separate real property, the spouse receives a life estate in one-third of it, meaning the right to use or receive income from that share for the spouse's lifetime, while the descendants hold the remaining two-thirds outright plus the remainder interest in the spouse's life-estate share. If the decedent has no surviving descendants, the surviving spouse takes all of the separate personal property and one-half of the separate real property outright, with the other half of the real property passing to the decedent's surviving parents or siblings under the no-spouse rules below, unless there is no surviving parent, sibling, or sibling's descendant at all, in which case the spouse takes the entire estate.

No surviving spouse. Under Estates Code § 201.001, an intestate estate with no surviving spouse passes first to the decedent's descendants. If there are none, it passes to both parents equally. If only one parent survives, the estate splits between that parent and the decedent's siblings, or a deceased sibling's descendants. If no parent survives, it passes entirely to siblings and their descendants. Beyond that, Texas law splits the estate equally between the decedent's paternal and maternal grandparents' lines before it would ultimately escheat to the State of Texas, which happens only when no qualifying relative can be found at all.

One way to make sure your property goes to the people you actually choose, rather than following Texas's intestate succession order, is to have a valid will in place. recordinglaw.com's free Texas Last Will and Testament Generator can help you create one, with no account required.

Small Estate and Simplified Probate in Texas

Texas's small estate affidavit, governed by Estates Code Chapter 205, is narrower than it might first appear. It is available only when the decedent died intestate, without a will, and the estate's non-exempt assets total $75,000 or less. That figure excludes the homestead and other exempt property, along with non-probate assets such as life insurance proceeds or retirement accounts with a named beneficiary. Estates Code § 205.001(3); Texas Property Code § 42.002. Leaving the homestead out of the $75,000 count does not put it beyond the affidavit's reach: under Estates Code § 205.006, if the homestead is the only real property in the estate, title to it may be transferred under the same affidavit, recorded in the deed records of the county where the homestead is located. Unlike some states' small estate procedures, the Texas affidavit is not a purely private, out-of-court document. It still has to be filed with, and approved by, the probate court before it can be used to collect and distribute the decedent's remaining assets. For thresholds, waiting periods and forms, see our guide to the Texas small estate affidavit.

A decedent who left a will typically cannot use the small estate affidavit at all. Texas offers a separate simplified procedure, muniment of title, for that situation when the estate is straightforward, though the small estate affidavit itself remains reserved for intestate estates.

Texas has no state estate tax, and its state inheritance tax was repealed effective September 2015. Only the federal estate tax could theoretically reach a Texas estate, and for 2026 that tax applies only above a $15,000,000 per-person exclusion, confirmed on IRS.gov, so it affects only the largest estates.

Do You Need a Probate Attorney?

Independent administration is specifically designed to be workable without heavy ongoing legal involvement once an executor is appointed, which is part of why it is the dominant form of Texas probate. That said, in an intestate estate where heirship has to be formally determined, ask a Texas probate lawyer for a free case evaluation on the heirship proceeding and the appointment (attorney advertising). An attorney also matters more when a will is contested, when heirs cannot agree and dependent administration becomes necessary, when the estate includes a business, or when community and separate property need to be carefully distinguished. For the broader picture of how probate works outside Texas, see Probate by State.

Disclaimer

This article provides general information about probate and intestate succession in Texas as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Texas, particularly for a contested estate, a business interest, a blended family, or an estate large enough to raise a federal estate tax question. Figures, thresholds, and program details change; verify current details directly with the official source before relying on any figure here.

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Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.

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Frequently Asked Questions

What is independent administration in Texas?

Independent administration is Texas's low-supervision probate track, authorized under Estates Code Ch. 401-405, where the executor or administrator manages the estate without seeking court approval for most actions. It can arise from a will naming an independent executor or, in an intestate estate, from a unanimous written agreement of all heirs after a formal heirship determination, which the court approves unless it finds independent administration would not be in the estate's best interest.

What is the difference between independent and dependent administration in Texas?

Independent administration lets the personal representative act without court approval for most steps. Dependent administration is fully court-supervised, requiring judicial sign-off for actions like selling property or paying claims. Texas courts require dependent administration when there is no unanimous heir agreement, no will authorizing independence, or the estate is contested.

Which court handles probate in Texas?

It depends on the county. Populous counties like Harris, Dallas, and Travis have dedicated Statutory Probate Courts. Other counties use a County Court at Law or, absent one, a Constitutional County Court. Texas Estates Code Ch. 32.

Who inherits community property in Texas if there's no will?

Under Estates Code § 201.003, if all the decedent's surviving children are also children of the surviving spouse, the spouse inherits the decedent's half of the community estate outright. If a child is from outside that marriage, the decedent's half instead passes to the children.

What is the Texas small estate affidavit threshold?

$75,000 in non-exempt assets, available only when the decedent died without a will. The affidavit must be filed with and approved by the probate court. Estates Code Ch. 205.

Does Texas have an inheritance tax or estate tax?

No. Texas has no state estate tax, and its state inheritance tax was repealed effective September 2015.

Does having a will avoid probate in Texas?

No. A will typically still needs to be admitted to probate. What a will does is let you name an independent executor and choose your own beneficiaries, rather than relying on Texas's intestate succession statute and the heir-agreement process independent administration otherwise requires.