When a loved one dies in Texas, the legal responsibilities can feel just as overwhelming as the grief. Families suddenly face questions about the will, probate, debts, and how to transfer property correctly.
The M Firm helps Texans understand what legal steps are required after a death so that an estate is handled correctly, efficiently, and in line with the decedent’s wishes.
Start by Locating the Will and Estate Plan
The first key legal step is to determine whether your loved one left a will or other estate planning documents. Many Texans keep these in a home safe, filing cabinet, safe deposit box, or at the law office that prepared them. Look for folders or envelopes labeled “Will,” “Estate Plan,” or “Trust,” and note any attorney’s name so you can request a copy if needed.
If no will can be found, the estate can still be handled, but the path changes: Texas intestacy laws will control who inherits, and the court will appoint someone to administer the estate.
Understand What Probate Is (and If It’s Needed)
Probate is the court‑supervised legal process that validates a will, appoints an executor or administrator, and oversees transferring property to those entitled to receive it. In Texas, it is often more streamlined than in many states, but it still follows formal rules, deadlines, and procedures.
Some assets do not pass through probate, such as:
- Property held in a funded trust
- Accounts with designated beneficiaries
- Payable‑on‑death (POD) bank accounts
- Certain jointly owned assets
Assets that often do require probate include:
- Real estate held solely in the decedent’s name
- Financial accounts titled only in the decedent’s name, which usually need probate to clear title or authorize access.
An important timing rule in Texas is that, in most situations, a will must be filed for probate within four years of the date of death. Waiting too long can limit available options and make it more difficult to transfer property later.
Determine Who Has Legal Authority to Act
Family members often assume they can immediately handle accounts or property after a loved one dies, but legal authority is more limited than many expect.
Being named in a will as executor does not automatically give the executor the power to act; a court must usually first appoint the representative. If there is a valid will, the named executor applies to the Texas probate court, and if there is no will, a relative or interested person can seek appointment as administrator.
After a brief hearing, the court may issue Letters Testamentary or Letters of Administration, which prove the representative’s authority. Until then, it is best to avoid moving assets or closing accounts to prevent legal complications or personal liability.
Open the Probate Case and Identify Assets and Debts
Once probate is clearly required, the next step is to apply in the proper county, along with the original will and a certified death certificate. After the waiting period and hearing, the appointed executor or administrator begins administering the estate and identifying what it owns and owes.
The personal representative typically gathers information on:
- Real estate
- Vehicles
- Bank accounts
- Investment accounts
- Business interests
- Personal property
They also collect details on debts and obligations, such as:
- Mortgages
- Credit cards
- Medical bills
- Other outstanding liabilities.
In many Texas estates, the representative must file an inventory and appraisement with the court, or, in some cases, an affidavit instead of an inventory that still shares key information with beneficiaries. Good record‑keeping clarifies assets and debts and helps prevent disputes.
Pay Valid Debts, Then Distribute What Remains
Before heirs or beneficiaries receive property, the estate must first pay legitimate debts and administrative expenses such as funeral costs, last illness bills, taxes, and secured debts like mortgages, generally in a priority order set by Texas law. Once these obligations are handled, the executor or administrator can begin making distributions.
If there is a will, it directs who receives the assets, subject to protections such as homestead rights and specific allowances for a surviving spouse or minor children. If there is no will, Texas intestacy statutes determine who inherits based on factors such as marriage, children, and whether the property is community or separate.
Special Texas Procedures That May Simplify the Process
Texas law offers several options that can make settling an estate less burdensome in the right circumstances. Independent administration, when authorized by the will or agreed to by the heirs, allows an executor to handle most tasks with minimal court supervision, often reducing hearings, paperwork, and costs.
In some estates with a valid will and no unpaid unsecured debts, a “muniment of title” proceeding may allow the court to admit the will without appointing a full administrator, using the order itself to transfer title to real property. For smaller estates without a will, specific small estate procedures and affidavits may be available, depending on the estate’s size, asset structure, and the ability of heirs and beneficiaries to cooperate.
When to Involve a Texas Probate Attorney
Because probate involves court rules, deadlines, creditor rights, and potential tax issues, many executors and family members choose to work with a probate attorney rather than trying to navigate the process alone. Legal guidance is critical when there is a blended family, a closely held business, out‑of‑state property, or tension among heirs.
An experienced Texas probate lawyer can help determine whether probate is needed, select the most efficient type of proceeding, prepare and file the necessary court documents, and advise on handling creditors and distributions. Early advice often prevents costly mistakes, such as distributing assets too soon, mishandling homestead issues, or overlooking key notices.
Get Personalized Help Moving Forward
Handling the legal side of a loved one’s death is about more than paperwork; it means honoring their wishes, protecting their legacy, and making difficult decisions during an emotional time. Understanding the key legal steps helps you move forward with more clarity and peace of mind.
Attorney Marla Mundheim works closely with executors, administrators, and families in Colleyville and the greater Dallas–Fort Worth area to interpret wills, select the appropriate probate path, and fulfill each legal duty with care. From locating and filing the will to addressing creditors and transferring property, The M Firm helps ensure that your loved one’s estate is handled correctly and respectfully.
If you have recently lost a loved one and are unsure what to do next legally, consider contacting The M Firm to discuss your situation and get clear advice on your next steps under Texas law.