Take these one at a time. The right sequence can depend on the will, ownership of property, family circumstances, and any court orders already in place.
Confirm who can act and which path may fit
A will may name an executor, but that name alone does not establish court appointment or qualification. First find out whether a will was filed or admitted, whether a court has appointed a personal representative, and whether letters testamentary or letters of administration were issued.
- Locate the original will and any later versions. Write down whether you know of a probate filing, hearing, order, or existing letters.
- Record where the person lived and which Texas county may be involved. For someone domiciled in Texas, venue for a probate proceeding is generally in the county where they resided; other situations follow different rules.
- Ask a Texas probate attorney which process fits the estate and what authority has already been granted. Confirm your role before signing for the estate or using estate funds.
Gather and protect the estate records
Create one secure place for the papers and questions that will help you understand what exists. A rough list is enough to begin.
- Collect the will or trust papers, death certificate copies, property and insurance records, recent statements, tax papers, and contact details for institutions.
- Note where property, keys, mail, vehicles, and important documents are, and who currently has access. Keep originals safe and make working copies when useful.
- Keep account numbers, passwords, and Social Security numbers in a secure place. Do not put sensitive details in a shared family checklist or ordinary email.
Look after property while decisions are being made
Focus first on immediate safety and preservation. Write down what you notice and who you contact so the family has a clear record.
- Check for urgent concerns such as an unsecured home, a leak, spoiled food, mail piling up, or a policy that may need attention. Ask the appropriate insurer, property manager, or professional what can be done.
- Keep receipts and a dated log of calls, expenses, and requests. Avoid paying bills, selling or transferring property, or distributing belongings until your authority and the right next step are confirmed.
- If people or property face an immediate safety risk, contact the relevant local emergency or repair service and tell the estate professional as soon as you can.
Write down the dates that may start a clock
Texas probate timing can depend on a particular order or qualification date. These rules apply only in the situations described; they are not a calendar for every estate.
- Record the date of death, the date any will was admitted to probate, and the date a personal representative qualified, if those dates are known.
- Ask the appointed representative or their attorney which notices and filings apply, who must handle them, and the exact dates for this estate.
Three dates to ask about
These summaries match the Texas rule records used in Morrowmap’s starter planning tools. Check whether each one applies to this estate.
Generally before the fourth anniversary of death
If a will has not yet been admitted
Texas law generally does not allow a will to be admitted after the fourth anniversary of the testator’s death unless proof shows the applicant was not in default. This concerns admitting a will; it is not a deadline for every estate task. Exceptions and procedural history matter.
Texas Estates Code § 256.003 · rule record: texas-will-admission-period
Official Texas Estates Code, Chapter 256Generally by the 60th day after the order
After an order admits a will to probate
The personal representative generally gives notice to each beneficiary named in the will whose identity and address are known or can be found with reasonable diligence by the 60th day after the order. Statutory exceptions and recipient rules apply.
Texas Estates Code § 308.002 · rule record: texas-beneficiary-notice-period
Official Texas Estates Code, Chapter 308Generally before the 91st day after qualification
After a personal representative qualifies
A personal representative generally prepares and files an inventory and appraisement before the 91st day after qualifying. Statutory exceptions, including an affidavit in lieu in certain circumstances, and a longer period granted by the court can change what is required.
Texas Estates Code §§ 309.051, 309.056 · rule record: texas-estate-inventory-period
Official Texas Estates Code, Chapter 309Get help with the questions that depend on the estate
A short conversation with the right professional can help sort urgent issues from tasks that can wait. Bring your document list, known court papers, and questions.
- Ask a Texas probate attorney about the process, authority, property decisions, required notices, and court filings. Ask a tax professional about tax questions that arise for the estate.
- Choose one place to record updates, next steps, and who is following up. Share only the information each person needs.