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Texas executor checklist (printable)

Last reviewed Oct 29, 2026 · How we check · Report a correction

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1. Order certified death certificates (The local registrar or county clerk, or Texas DSHS Vital Statistics).
2. Find the original will. Texas: No general filing deadline, but timing matters. Texas has no rule requiring the original will to be deposited after death. However, a will does not prove title to property until it is admitted to probate, and generally it cannot be admitted after the fourth anniversary of the death unless the applicant was not in default. When someone applies to probate the will, the original must be filed with the application if they have it, and it stays with the county clerk.
3. Secure the home, vehicles and valuables; forward mail.
4. Decide whether probate is needed. Texas shortcut: Small estate affidavit for intestate estates up to $75,000 (excluding homestead and exempt property), after 30 days.
5. If a case is needed, file with the court for the county where the person lived: County clerk of the county with venue (probate court) (county list).
6. Get appointed and receive court letters.
7. Get an EIN from the IRS and open an estate bank account.
8. Handle creditor claims. Texas: Within 1 month after receiving letters, the personal representative must publish a notice to claimants in a local newspaper (and send it to the Comptroller if the decedent owed or should have paid state taxes it administers). Within 2 months, the representative must notify known secured creditors. The representative may also send unsecured creditors a notice that they must present claims before the 121st day after they receive it.
9. Prepare an inventory if the court requires one.
10. File the final income tax return and any estate income tax returns.
11. Pay valid debts and expenses, distribute assets and get receipts.
12. Close the estate with the court if a case was opened.

Sources

• A will is not effective to prove title to property until admitted to probate. Source: Tex. Estates Code § 256.001, checked Oct 29, 2026.
• A will generally cannot be admitted to probate after the fourth anniversary of the death. Source: Tex. Estates Code § 256.003, checked Oct 29, 2026.
• The applicant must file the original will with the application if it is in their control. Source: Tex. Estates Code § 256.053, checked Oct 29, 2026.
• Publish notice to claimants within one month after receiving letters. Source: Tex. Estates Code § 308.051, checked Oct 29, 2026.
• Notify known secured creditors within two months after receiving letters. Source: Tex. Estates Code § 308.053, checked Oct 29, 2026.
• Optional notice to unsecured creditors: claim must be presented before the 121st day after receipt. Source: Tex. Estates Code § 308.054, checked Oct 29, 2026.
• When someone dies without a will, heirs can use a small estate affidavit if 30 days have passed, no administration is pending, and estate assets (excluding homestead and exempt property) do not exceed $75,000. The affidavit is sworn by two disinterested witnesses and the distributees and must be approved by the judge. Source: Tex. Estates Code §§ 205.001–.002, checked Oct 29, 2026.

Official forms, fees and e-filing:

• eFileTexas (statewide e-filing)
• Find a Texas court (Texas Judicial Branch directory)

When to get professional help

This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:

• someone may contest the will, or family members disagree;
• the estate owns a business, out-of-state real estate, or may owe estate tax;
• debts may be larger than the assets;
• you are unsure whether a deadline applies to you, or one may already have passed.

Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.

Step-by-step guide: After a death in Texas · General version: Executor checklist