How does probate work in Texas?

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1. Governing Code.   Texas Estates Code (effective 2014, replacing the Probate Code). Texas has not adopted the UPC but has its own modern framework.    2. Court.   Statutory Probate Courts in the 18 largest counties; County Courts at Law or Constitutional County Courts elsewhere, per Tex. Est. Code § 32.001.    3. Petition to Open.   Application for Probate of Will and Issuance of Letters Testamentary filed by named executor or interested party in the county of domicile under Tex. Est. Code § 33.001.    4. Letters Testamentary / Letters of Administration.   Issued under Tex. Est. Code Ch. 306 after the will is admitted and the personal representative takes the oath and posts any required bond.    5. Notice to Creditors.   Published notice within 30 days under Tex. Est. Code § 308.051; permissive notice to unsecured creditors under § 308.054 bars claims not presented within 4 months.    6. Inventory, Appraisement, and List of Claims.   Due within 90 days of qualification under Tex. Est. Code § 309.051 (or Affidavit in Lieu under § 309.056 for independent executors).    7. Independent Administration.   Tex. Est. Code Ch. 401 - Texas's signature feature. If the will authorizes it (or all heirs agree under § 401.003), the independent executor administers the estate with virtually no court supervision after the inventory is filed.    8. Small-Estate Procedure.   Tex. Est. Code Ch. 205 allows a Small Estate Affidavit when assets (excluding homestead and exempt property) do not exceed $75,000, there is no will, and 30 days have passed since death. Muniment of Title under Ch. 257 is also available when there are no unpaid debts other than a mortgage.    9. Closing.   Independent executors close by Affidavit (Tex. Est. Code § 405.004) or judicial discharge under § 405.012; dependent administrations require Final Account under Ch. 362.    10. Probate Avoidance.   Texas Transfer on Death Deed under Tex. Est. Code Ch. 114, POD/TOD financial accounts, joint tenancy with right of survivorship (must be expressly stated), community property survivorship agreements, and revocable trusts.  This is legal information, not legal advice.