6 Steps To Probating a Will in Texas

 Posted on May 27, 2026 in Estate Planning and Probate

Probate can be very complicated. Whether your loved one left a will or not, a problem that arises during any one step can lead to long delays and more expenses. There are generally six steps, or phases, of the probate process in Texas. Some steps are trickier than others. Some may go quickly, and others may seem to drag on seemingly forever. You could benefit from the assistance of a Comal County, TX probate attorney in wading through the process. Geoff Mayfield, Attorney at Law, has the experience needed to anticipate and be prepared for any potential difficulties during probate. 

What To Expect During Texas Probate in 2026

Each step in the probate process must be completed correctly and in order before any distributions can be made.

Application

A personal representative opens the probate case by filing a will with the probate court. This must take place within four years of the testator’s passing, but it is generally done quite promptly. In most cases, the will should be filed in the same county where the deceased person lived.

Validation

There is a two-week waiting period between the application and a hearing to validate the will. During this time, anyone with a potential interest in the estate has the opportunity to challenge the will’s validity. If there are no disputes, this step may go quickly. If there is significant doubt as to the will’s validity, this phase can be time-consuming and potentially costly. Only then can a judge validate the will and formally appoint an administrator. 

Inventory

The testator’s assets must be thoroughly inventoried, and a report must be submitted to the court. Valuation of assets should also be completed. 

Notification

Both beneficiaries named in the will and the testator’s creditors must be notified. This period may take some time if the testator had a lot of creditors. In Texas probate cases, creditors are often notified through publication in a local newspaper (Texas Estates Code Sec. 308.051). It serves as a public announcement that the probate case has been opened. 

Creditors then have a limited amount of time to come forward and file claims against the estate. In some cases, known creditors may also receive direct notice by mail. This process helps make sure debts are addressed before the remaining assets are distributed to beneficiaries.

Handling Disputes

If anyone is contesting the will, the contest must be resolved at this stage. Creditors with a claim to the testator’s assets should file their claims at this time. Wills may be contested for several reasons, including:

• Claims that the testator was not mentally competent when the will was signed

• Allegations that someone pressured or manipulated the testator into changing the will

• Questions about whether the will was properly signed and witnessed under Texas law

• Disputes involving multiple wills that contain conflicting instructions

• Concerns that the will was forged or altered

• Claims that a family member was wrongly left out of the will

Will contests can delay probate and create serious conflict between family members. In some cases, the court may need to hold hearings and review evidence before deciding whether the will is valid.

Distribution

Finally, the decedent’s assets are distributed to the appropriate parties. If the person had a valid will, the assets are usually given to the people named in that will. If the person died without a will, Texas intestate succession laws decide who receives the property. This often depends on whether the person had a spouse, children, parents, or siblings. For example, a surviving spouse may receive some or all of the estate, but children from another relationship may also have rights. 

Figuring out how to distribute assets can make probate more complicated, especially when family members disagree about who should inherit. If this process seems confusing to you, you are not alone. Probate is not easy, even under the best of circumstances. 

Can the Executor of the Estate Be Removed During the Probate Process?

An executor can be removed during probate in some situations. This does not happen just because a beneficiary is unhappy. The court usually needs a serious reason to remove someone from this role.

An executor has a duty to act in the best interests of the estate. He or she must follow the will, protect estate property, pay valid debts, and keep accurate records. If the executor fails to do these things, the court may step in. For example, an executor may be removed for stealing from the estate, wasting estate assets, refusing to follow court orders, or failing to give required notices.

An executor may also be removed if he or she cannot do the job. This could happen if the executor becomes seriously ill, cannot be found, or is no longer qualified to serve. If the court removes the executor, another person may be appointed to finish the probate process.

What Assets Do Not Pass Through Probate in Illinois?

Not every asset has to go through probate. Some property can pass directly to another person after death. This can make the process faster and easier for the family.

Assets that may avoid probate include life insurance policies with a named beneficiary, retirement accounts with beneficiary forms, and bank accounts that are payable on death. Property held in a trust usually does not go through probate either. A home or other real estate may also avoid probate if it has a valid transfer-on-death deed.

Probate is usually needed for assets owned only by the person who died, and that did not have a beneficiary listed. When reviewing an estate, it is important to look at each asset separately. The title, deed, account paperwork, and beneficiary forms can all affect whether probate is required.

Call a Wilson County, TX Probate Lawyer

Geoff Mayfield, Attorney at Law, is skilled at anticipating potential challenges that may arise during the complex process of probate. Our experienced Comal County, TX estate administration attorney will do everything we can to simplify the process for you. Call 210-535-0870 to set up a free consultation.