Texas Probate Requirements
Texas probate requirements: small estate threshold $75,000 (excluding homestead), creditor notice 6 months from publication, Probate Court or County Court. Updated guidance for executors.
Key probate facts for Texas
| Small estate threshold | $75,000 (excluding homestead) |
|---|---|
| Will filing deadline | No specific deadline |
| Probate petition deadline | 4 years from death |
| Creditor notice period | 6 months from publication |
| Inventory deadline | 90 days after appointment |
| Executor residency | No residency requirement |
| Bond required | Yes, unless waived |
| Executor compensation | 5% on cash distributions |
| Estate / inheritance tax | No |
| Community property | Yes |
| Homestead protection | Unlimited on up to 10 acres urban or 200 acres rural |
| Vehicle transfer | Affidavit for estates under threshold |
| Probate court | Probate Court or County Court |
Notes: Community property state with unique independent administration option
Sources
- Texas Courts — Probate
- Texas Estates Code
- IRS — Estate & Gift Tax
- Social Security Administration — Survivors Benefits
- USA.gov — What to Do After Someone Dies
- American Bar Association — Real Property, Trust & Estate Law
This summary is for general informational purposes and is not legal advice. Probate procedures change; verify with the Probate Court or County Court or a licensed Texas attorney.