Probate Overview

What is probate? Probate is the legal process that transfers title of property from the estate of the person who has died, known as the "decedent", to his or her beneficiaries. Probate is often sought when the decedent owned real property or financial accounts and the financial institution has requested Letters Testamentary.

Who can initiate probate proceedings? The application may be made by the executor named in the will or by any heir, devisee, spouse, creditor, or any other persons having a property right in, or claim against, the estate.

How does one probate an estate in Texas? There are nine ways to probate an estate in Texas. The single biggest factor in deciding which type of probate to pursue is whether the decedent left a will. To learn more about the process, costs of probate, time limits, duties of an executor, letters testamentary, etc., please select on one of the following options:

• Probate with a Will
• Probate without a Will

What kind of probate do I need? Let our Probate Navigator suggest a probate that is right for you.

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Other Helpful Information

• Probate Court Information
• Guide for the Texas Executor

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