Texas Probate Code: Key Statutes Every Executor Needs to Know

When someone refers to the "Texas Probate Code," they are usually looking for the statutes that govern how estates are opened, administered, and closed in Texas. Here is the accurate update: Texas replaced its standalone Probate Code with the Texas Estates Code, effective January 1, 2015. The old Probate Code no longer exists as a separate body of law. All the relevant rules — wills, intestate succession, independent administration, forms, creditor notices, executor compensation — now live in the Texas Estates Code, organized into numbered titles and chapters.

This matters practically because legal aid websites, court instructions, and older blog posts still cite "Texas Probate Code Section 149" or similar. Those citations are either repealed or recodified. If you are trying to look up a rule, verify whether you are looking at the current Estates Code.

Where to Find the Current Law

The Texas Estates Code is available free of charge through the Texas Legislature Online at statutes.capitol.texas.gov. Search "Estates Code" and you will reach the full text, organized by title. This is the authoritative source — more reliable than any secondary summary, including this one, for the exact statutory language.

Texas courts also publish local rules and fee schedules on their county websites. State-level statutes are uniform, but filing fees, local forms, and procedural requirements vary by county.

The Core Chapters Executors Actually Encounter

Title 2 — Estates of Decedents; Durable Powers of Attorney

This is where most probate work lives. Key chapters include:

Chapter 201 — Descent and Distribution (Intestate Succession) Governs who inherits when someone dies without a will. The rules differ significantly depending on whether the decedent was married, had children only from the current marriage, had children from a prior relationship, or had no descendants at all. Texas's community property system runs through this chapter — surviving spouses do not automatically inherit all community property if the decedent had children from outside the marriage.

Chapter 251 — Wills: Execution and Attestation Defines what makes a will valid in Texas. Section 251.051 covers formal witnessed wills (two credible witnesses, 14 years or older). Section 251.052 covers holographic wills (entirely handwritten, signed, no witnesses required). Section 251.102 covers the self-proving affidavit, which allows a will to be admitted without testimony from the witnesses by attaching a notarized affidavit at the time of signing.

Chapter 256 — Probating a Will Section 256.003 establishes the four-year deadline to file a will for probate. Missing this deadline does not automatically void the will, but the applicant must prove they were "not in default" — meaning the delay was neither intentional nor negligent. Late wills are typically admitted only as a Muniment of Title.

Chapter 301 — Independent Administration Texas's most distinctive probate feature. An independent administration allows the executor to manage and distribute the estate without returning to court for approval of each transaction. Section 401.002 and 401.003 allow heirs to agree to independent administration even without a will authorizing it — but all distributees must agree unanimously in writing.

Chapter 308 — Notice to Creditors Sets out the mandatory notice matrix. Within one month of receiving Letters Testamentary, the executor must publish notice to unknown creditors once in a newspaper of general circulation. Within two months, notice must go to all known secured creditors via "qualified delivery" (certified mail, FedEx, or UPS with delivery confirmation). Effective September 1, 2023, the statute was updated to allow designated private delivery services in addition to certified mail.

Chapter 309 — Inventory, Appraisement, and List of Claims Section 309.051 requires the executor to file a sworn inventory of all estate assets, with fair market values as of the date of death, within 90 days of qualifying. Section 309.056 provides an important alternative: an independent executor can file an Affidavit in Lieu of Inventory if the estate has no unpaid unsecured debts and every beneficiary has received a full private inventory. The affidavit protects family financial privacy by keeping asset values out of the public court record.

Chapter 352 — Executor Compensation Section 352.002 sets the formula for executor pay: 5% of all cash actually received or paid out during administration. The statute explicitly excludes cash on hand at the time of death, life insurance proceeds paid to the estate, and final distributions to beneficiaries from the commission calculation. Courts can adjust the fee upward if the executor performed extraordinary services.

Chapter 401 — Independent Administration by Agreement Even when the will does not authorize independent administration, the heirs can agree to it under this chapter — provided every distributee agrees in writing. One dissenting heir, or a minor heir, can force the estate into dependent administration, which requires court approval for every transaction.

Forms You Will Need and Where to Get Them

Texas probate forms are not centralized at the state level the way some states organize them. You collect them from multiple sources:

Death certificates — Texas DSHS Form VS-142 For mail-in requests to the Texas Department of State Health Services Vital Statistics section. Requires a notarized sworn affidavit and a copy of a valid government-issued ID. Cost: $20 for the first certified copy, $3 for each additional copy ordered at the same time. Most estates need 8 to 12 copies to satisfy banks, insurance companies, brokerage firms, the county clerk, and the DMV.

Application for Probate — County Probate Court The application form to open a probate proceeding is not standardized statewide. Each county uses its own form or accepts a pleading prepared by the attorney of record. Harris, Dallas, Bexar, and Travis counties all have distinct local forms. As of January 1, 2014, attorneys are required to file electronically through an approved Electronic Filing Service Provider (EFSP) in probate courts — courts will not schedule hearings on paper filings submitted by attorneys.

Oath of Independent Executor — County Probate Court Filed within 20 days of the court's order appointing the executor. This is when the executor formally accepts fiduciary responsibility.

Inventory, Appraisement, and List of Claims — County Probate Court Due within 90 days of qualifying. Or the Affidavit in Lieu of Inventory under Chapter 309 if all conditions are met.

Affidavit of Heirship for Motor Vehicle — TxDMV Form VTR-262 Allows a vehicle to transfer to heirs without a court order, as long as the decedent died intestate. Requires the notarized signatures of all heirs and an odometer disclosure. Title application fee of $28 to $33.

Affidavit of Motor Vehicle Gift Transfer — Texas Comptroller Form 14-317 Used when transferring a vehicle to a family member. Substitutes a $10 gift tax for the standard sales tax.

Residence Homestead Exemption Application — County Appraisal District Form 50-114 A surviving spouse who was at least 55 years old on the date of the decedent's death can apply to continue the over-65 property tax ceiling. Without this filing, the appraisal district can reassess the property at full market-rate taxes.

Final Franchise Tax Report — Texas Comptroller Form 05-158 Required if the decedent owned a business entity (LLC, corporation) that is ceasing operations. Must be filed within 60 days of the entity ceasing to do business.

Filing Fees by Major County

The Texas Estates Code does not set a uniform statewide filing fee. County commissioners courts set their own schedules within state maximums. Current estimates for opening a new probate proceeding:

These fees change at the start of each year or September 1 when commissioners courts update their schedules. Always confirm current fees directly with the county probate court before filing.

The Forms and Statutes Are Only Part of the Picture

Knowing which code section applies is useful background, but the executor's job is managing a sequence of actions under strict deadlines. The 90-day inventory deadline. The one-month creditor notice. The 60-day notice to beneficiaries. The four-year limit to open probate at all. Missing any of these has consequences: fines, removal of the executor, extended creditor claim periods, or the complete loss of the right to probate a will.

The Texas Probate Process Guide maps out this full workflow in chronological order — what to do, by when, and why each step matters — so you are not reconstructing the sequence from raw statute text. It also covers the Affidavit in Lieu of Inventory, the community property rules that catch Texas families off guard, and how the Medicaid Estate Recovery Program (MERP) interacts with what passes through the probate estate.

Key Takeaway

The "Texas Probate Code" is now the Texas Estates Code, available free through the Texas Legislature Online. The chapters that govern most probate proceedings are in Title 2: Chapters 201 (intestate succession), 251–256 (wills), 301–401 (administration), 308 (creditor notices), 309 (inventory), and 352 (executor compensation). Forms come from multiple agencies — DSHS for death certificates, TxDMV for vehicle transfers, county appraisal districts for homestead exemptions, and individual county probate courts for administration filings. Fees are set at the county level and change regularly.

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