PUBLIC PROBATE
ADMINISTRATOR
HARRIS COUNTY TEXAS
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FREQUENTLY ASKED QUESTIONS
What is probate?
Probate is the legal process of administering a deceased person's estate, ensuring debts are paid and assets are distributed according to the will or Texas law.
Is probate always required in Texas?
No. Some small estates may avoid formal probate through methods like a Small Estate Affidavit or Muniment of Title.
What is a “Small Estate Affidavit”?
It’s a simplified probate option for estates valued under $75,000 (excluding the homestead and exempt property) when there is no will.
What happens if someone dies without a will in Texas?
Their estate passes according to Texas intestacy laws, which prioritize spouses, children, parents, and siblings.
What is "Muniment of Title"?
It is a streamlined probate process used when a valid will exists, there are no unpaid debts (except secured real estate debts), and formal administration is unnecessary.
How long does the probate process take in Texas?
It varies. Simple cases may resolve in a few months; more complex estates can take a year or longer.
Can I avoid probate by having a will?
No. A will must be probated to be legally effective. However, good estate planning can minimize probate complications.
What is an Independent Administration?
A type of probate where the executor handles most matters without court supervision, saving time and costs.
What is a Dependent Administration?
A more court-supervised probate process, often necessary when disputes exist among heirs or creditors.
What role does the Harris County Public Probate Administrator play?
We step in to administer estates where no qualified person is available or willing to serve, particularly when heirs are unknown or there are estate complications.
What assets pass outside of probate?
Jointly owned property with rights of survivorship, payable-on-death (POD) accounts, life insurance proceeds (if beneficiaries are named), and assets in trusts generally bypass probate.
What should I do if property is stuck in an estate and behind on taxes?
Contact the Harris County Public Probate Administrator. We work to resolve these cases before properties are lost to tax foreclosure.
How are estate debts handled in probate?
Creditors are notified and must present claims by specific deadlines. Valid debts are paid before distributing assets to heirs.
What happens if an heir cannot be located?
The court may appoint an attorney ad litem to search for missing heirs. If heirs remain unlocated, assets may be distributed to other lawful heirs or escheated to the state.
Can probate be contested?
Yes. Common grounds include claims of undue influence, lack of testamentary capacity, or improper execution of the will.
Is there a time limit to probate a will in Texas?
Yes. Generally, a will must be filed for probate within four years of the decedent’s death unless certain exceptions apply.
What is the role of a personal representative or executor?
They manage the estate: collecting assets, paying debts, filing taxes, and distributing the remaining assets according to the will or Texas law.
What is a temporary dependent administration?
A court-ordered, emergency administration to preserve estate assets before a full probate is established.
Why should I plan my estate?
Proper estate planning reduces the risk of disputes, protects your loved ones, can minimize taxes, and ensures your wishes are honored.
How can I contact the Harris County Public Probate Administrator?
You can find more information and contact us directly through
the Harris County Probate Court website.