Nobody trains to run an estate. Here is how Texas probate works.
About this book
Someone you love has died, and now the paperwork is yours. You may have a will in a drawer, or no will at all, and you are not sure whether the family even needs to go to court. Navigating Texas Probate walks you through the process in the order it actually happens.
The guide explains when probate is needed and which assets never enter the estate. It covers jurisdiction, venue and the four-year rule in §256.003, who may serve and who is disqualified under §304.001 and §304.003, and how a determination of heirship works under Chapter 202 when there is no will. You will see how the application, citation, prove-up and qualification fit together, and what the inventory and the three creditor notices require.
Later chapters cover the fiduciary duty an executor or administrator owes, five common pitfalls, and how contests, no-contest clauses and settlement are handled. Each topic is tied to the section of the Texas Estates Code that governs it, so you can follow along with the court and the paperwork.
This guide is for Texas executors, administrators, heirs and beneficiaries who want to understand their role before they sign anything or appear in court. It is part of the Texas Estate and Probate Series from STACKED LEGAL. Legal information, not legal advice.
What's inside
- Whether you need probate — §205.001, §257.001, and assets that never enter the estate
- Jurisdiction, venue and the four-year rule — §32.002, §33.001, §256.003
- Who may serve, and who is disqualified — §304.001 and §304.003
- Determination of heirship when there is no will — Chapter 202
- The application, citation, prove-up and qualification — §256.052, §258.001, §305.001
- The inventory and the three creditor notices — §309.051, §308.051, §308.053, §308.054
- Fiduciary duty and the five pitfalls — §351.101 and §361.051
- Contests, no-contest clauses and settlement — §251.051, §254.005, §256.204
Why readers can trust these guides
Every STACKED LEGAL guide is legal education in plain English, cited to Texas law, and dated so you know how current it is.
Cited, so you can check it
Every rule names the section of Texas law it comes from.
Plain English
Written for the person in the situation, not for lawyers.
2026 Edition
States when it was written and the law it relies on.
Legal education, not legal advice. STACKED LEGAL® is a publisher, not a law firm. Buying or reading this book creates no attorney-client relationship and promises no outcome. Laws change; verify current law and talk to a licensed Texas attorney about your situation.