Texas Probate and Estate Settlement Guide (2026)

Texas probate usually starts with finding the will, identifying the executor or administrator, and asking whether the estate needs a court process. In Texas, probate courts typically require an attorney to file and appear, so many families use counsel for court work while organizing assets, paperwork, and transfers separately.

This guide gathers the Texas deadlines, official resources, county fee examples, unclaimed property links, and asset search steps from the original Sunset resource. It is informational, not legal advice, and Texas families should talk with a Texas-licensed attorney about case-specific questions.

First steps after a death in Texas

If you are handling a Texas estate, start with the basics before paying bills, closing accounts, or distributing property.

• Locate the will and note the date of death. Texas generally requires a will to be filed for probate within four years of death, with limited exceptions. TexasLawHelp discusses Probate Court Basics and notes Texas Estates Code §256.003.
• Identify the prospective personal representative. This may be the executor named in the will or an administrator appointed by the court.
• Understand what Letters do. Letters Testamentary or Letters of Administration give the personal representative authority to access accounts and handle title work. TexasLawHelp explains the definitions and timelines.
• Ask what type of administration applies. Texas commonly uses independent administration when allowed, but some estates require dependent administration.
• Get an EIN for the estate and open an estate bank account. Estate money should be kept separate from personal money.
• Notify beneficiaries and creditors as required. TexasLawHelp's Estate Administration materials discuss creditor notices, including notice to secured creditors within two months and publishing notice to creditors.

For a broader week-by-week view of early executor tasks, Sunset also has an executor checklist for the first 30 days.

Do Texas probate courts require an attorney?

Texas courts and legal aid sources indicate that almost all probate matters require an attorney for filings and hearings. That means an executor or family member may not be able to appear alone in many Texas probate cases.

This attorney requirement does not mean every task must wait for a lawyer. Families can still gather documents, make an asset list, look for debts, collect account statements, search for unclaimed property, and prepare information the attorney will need. Sunset can help with this administrative side of the estate settlement, while an attorney handles filings, hearings, and legal advice.

If you are not sure whether probate is required, read Sunset's plain-English guide to when probate is required before you start calling every institution.

Independent administration vs. dependent administration in Texas

Texas probate often turns on the type of administration the court allows.

Independent administration usually involves limited court supervision. It is common in Texas when permitted. The original resource notes that an inventory or affidavit is due within about 90 days, and points families to TexasLawHelp's Independent Administration materials.

Dependent administration is court-supervised. It can require court approval for many actions and may take more time and money. TexasLawHelp's Estate Administration resources explain the process.

The difference matters because it affects how much court oversight the personal representative faces. It can also affect how quickly bills are paid, assets are sold or transferred, and distributions are made.

Official Texas probate resources

The best place to confirm Texas probate rules is an official or public legal information source. The original Sunset resource cited these Texas probate and court resources:

• Texas Judicial Branch Self-Help resources and referrals
• Texas Judicial Branch Self-Help for courts
• TexasCourtHelp.org, including videos, forms guidance, and law library information
• TexasLawHelp, including Probate Basics and Estate Administration
• Texas Legislature Online for the Texas Estates Code

For estates involving Texas property and a will probated in another state, the original resource points to Texas Estates Code Chapter 501, which covers ancillary probate for out-of-state wills affecting Texas property.

Texas county filing fee examples

Probate filing fees vary by county and can change. Always confirm with the county clerk or probate court before filing.

County (Texas)	Base filing fee noted	Source
Harris County (Houston)	$360 for new probate matters, such as probate of will, administration, heirship, and small estate	Harris County Clerk, Probate fee schedule
Dallas County	$360 base fee for new probate applications; $2 per letter; small estate filing prerequisites noted	Dallas County Clerk, Probate Know Before You Come and Fees and Payments

These are examples, not a statewide fee schedule. A county may charge additional fees based on the filing, letters, citations, copies, recordings, or other court needs.

Finding Texas assets and unclaimed property

One of the hardest parts of settling an estate is knowing what exists. Families often find a few obvious accounts, then later discover an old bank account, a workplace benefit, a life insurance policy, mineral interest, or unclaimed property.

For Texas unclaimed property, use ClaimItTexas.gov from the Texas Comptroller. The original resource notes that recent 2024 to 2025 state releases from the Comptroller emphasize billions returned and more than $9B still held statewide.

Also check national state links through NAUPA at unclaimed.org. NAUPA links to every state and includes dormancy period information. The original resource also points families to MissingMoney.com through Comptroller guidance.

Unclaimed property searches are helpful, but they are not the same as a full asset search. They usually show property already turned over to a state. They may not show active bank accounts, investment accounts, retirement accounts, life insurance policies, vehicles, business interests, property records, or debts.

Sunset searches 2,300+ financial institutions to help families find accounts and assets. Searches can include banks, investments, retirement, life insurance, property and real estate, vehicles, business interests, credit cards, and debt discovery.

For more on finding assets after a death, see Sunset's guide to finding all assets of a deceased person.

How the NAIC Life Insurance Policy Locator works

The NAIC Life Insurance Policy Locator is often misunderstood. You do not search a database and you do not get a results page.

Here is what happens. You submit a request with the decedent's information. NAIC forwards that death information to participating insurance carriers. This is a notification to carriers, not a database search you can view.

Each carrier checks its own records. If a carrier finds a matching policy, the carrier contacts the listed beneficiary directly, using the address the carrier has on file for that beneficiary.

NAIC never tells the person who submitted the request whether a match was found. There is no match or no-match answer, no results page, and no confirmation either way.

That means hearing nothing does not mean there was no policy. If the requester is not the listed beneficiary, if the beneficiary address on file is old, or if the beneficiary has moved or died, the notice can go nowhere and the requester may never learn a policy existed.

This is one reason families use Sunset for life insurance discovery. Sunset tells the family where a policy was found and helps them claim it, instead of leaving the family waiting on a notice that may never arrive.

If a policy is found and you need the claim steps, Sunset explains the process in how to claim life insurance after a death.

Retirement benefits and pensions

The original resource also points families to the PBGC searchable database for unclaimed pensions and retirement benefits. PBGC guidance includes tips and other possible routes, including EBSA and plan records.

These searches matter because retirement accounts and pension benefits may not pass through the same process as ordinary bank accounts. Some assets may have beneficiaries. Others may need estate authority or plan paperwork. Save any old W-2s, employer letters, plan statements, union records, or benefit booklets you find.

Multi-state estates and Texas ancillary probate

A Texas estate can become more complex when property crosses state lines. If the person died outside Texas but owned Texas property, or lived in Texas but owned property elsewhere, a second court process may be needed.

For Texas property tied to an out-of-state will, Texas Estates Code Chapter 501 permits ancillary probate when a foreign will affects Texas property and has been probated or established elsewhere. The original resource notes that families should obtain authenticated copies of the foreign probate and will, with required attestations and seals, to file in Texas. It also points to statutory requirements summarized in §501.002.

Real property and mineral interests often drive Texas ancillary filings because county deed records need to reflect the will and executor's authority. For assets outside Texas, use NAUPA's state links and the home-state court process so property is not missed.

Sunset has a separate guide to ancillary probate if you are dealing with property in more than one state.

How Sunset helps Texas families

Sunset is built for post-death estate work. Families stay in control while Sunset helps with asset discovery, probate paperwork, estate accounts, account closure, transfers, and distributions.

For Texas families, that support often fits around the attorney's role. If a Texas court requires a lawyer to file and appear, Sunset can help gather the records and build the paperwork packet so your attorney is not spending as much time on administrative work.

Sunset can help with:

• Asset discovery across banks, investments, insurance, retirement accounts, property, vehicles, business interests, and debts
• State- and county-specific probate packets
• EIN and estate account setup
• FDIC-insured estate accounts, with FDIC insurance up to $3M noted in the original resource
• Account closures, transfers, and distributions
• E-notarization where available
• Referrals to a local probate attorney when counsel is needed

The original resource also notes that the platform is SOC 2 Type II certified and uses strong authentication and fraud controls.

Sunset's family product is funded through our bank partnership. The estate does not pay Sunset, and all assets go to the beneficiaries and heirs.

Sunset's Terms of Use authorize limited agency to assist with discovery and closures after explicit approval. The original resource points families to Sunset's Terms of Use, Privacy Policy, and Electronic Communications Policy. You can also see the Sunset overview.

Sunset has helped 15,000+ families settle estates.

Quick Texas checklist

If you are trying to get organized before speaking with a Texas probate attorney, this is a practical starting list:

• Get certified death certificates.
• Locate the will, codicils, trusts, and any written funeral or estate instructions.
• Make a list of known heirs and beneficiaries.
• Identify the executor named in the will, or the likely administrator if there is no will.
• Check whether the will must be filed within the four-year Texas deadline.
• Gather bank, investment, retirement, insurance, tax, mortgage, deed, vehicle, credit card, and loan records.
• Search ClaimItTexas.gov, NAUPA at unclaimed.org, and MissingMoney.com through Comptroller guidance.
• Use PBGC resources for possible unclaimed pensions.
• Understand that the NAIC locator does not send a match answer to the requester.
• Ask whether the estate may need independent administration, dependent administration, a small estate process, heirship, or ancillary probate.
• Confirm current county filing fees with the county clerk or probate court.
• Open an estate EIN and estate bank account when authority is in place.
• Keep estate money separate from personal money.
• Track notices to creditors and beneficiaries.
• Do not distribute assets until you understand debts, taxes, title issues, and the court process.

FAQ

Do I need a lawyer to file probate in Texas?

In many cases, yes. Texas courts typically require attorney representation for probate filings and hearings. Families can still organize records, find assets, prepare inventories, and gather account information before or while working with counsel.

How long do I have to file a will for probate in Texas?

Texas generally requires filing a will for probate within four years of death, with limited exceptions. TexasLawHelp discusses Probate Court Basics and notes Texas Estates Code §256.003.

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

Independent administration has limited court supervision and is common in Texas when allowed. Dependent administration is court-supervised and usually requires court approval for many actions, which can add time and cost.

How do I find unclaimed property for someone who died in Texas?

Start with ClaimItTexas.gov from the Texas Comptroller. Also check NAUPA at unclaimed.org for links to every state, and MissingMoney.com through Comptroller guidance. These searches are useful, but they may not show every active account or asset.

What if the person lived outside Texas but owned Texas property?

Texas ancillary probate may be needed. Texas Estates Code Chapter 501 permits ancillary probate when a foreign will affects Texas property and has been probated or established elsewhere. The original resource notes that authenticated copies of the foreign probate and will, with required attestations and seals, may be needed for filing in Texas.

Sunset can help Texas families find assets, prepare probate paperwork, set up an FDIC-insured estate account, and organize transfers. If attorney help is needed, Sunset can refer you to a local probate attorney while keeping the estate's administrative work in order.