Applying for Probate

• The first step in the Texas probate procedure is to apply for probate. If the decedent left a will, the will generally indicates who the decedent wished to be the executor of the estate. If an executor was named, that person generally applies to probate the estate. If no will was executed, any interested person may apply to the county probate court where the decedent was a resident at the time of death. The court will then post notice of the application for probate. A two-week waiting period must pass before anything else happens to give anyone wishing to contest the will a chance to do so.
  
  

Proving the Will and Appointment of Executor or Administrator

• The will must be proved by the court. If the will is not self-proving, it may be proved by the sworn testimony of one of the witnesses. An executor or administrator must be appointed or approved. If an executor was named in a will preference will be given to the person named. The court must, however, ultimately approve the executor. If no executor was named, an administrator must be appointed. Any interested person may apply, but again the court must approve the application. The court will give preference to the spouse, then the major beneficiary under the will in the appointment of an administrator.
  
  

Inventory and Payment of Debts

• Next, a complete list of all property of the decedent -- real and personal, tangible and intangible -- must be completed. In addition, an appraised value for all property must be included with the list and submitted to the court. A notice to creditors is also filed in a newspaper in the county where the decedent lived. A creditor having a claim against the estate must file the claim with the court. All court approved claims against the estate will then be paid from the estate.
  
  

Distribution to Beneficiaries

• Once all the property has been inventoried and the claims against the estate paid, the remaining assets can be distributed to the beneficiaries. If the decedent left no will, the court will make an official ruling as to who will inherit according to the Texas rules regarding intestate succession. If a will was admitted and proved, the estate will be distributed according to the terms of the will.