Being named executor in Texas is a 12–18 month job nobody trained you for. This is the whole sequence — what Texas requires of you, what is merely sensible, and which statute each requirement comes from.
Small-estate affidavit available for non-exempt assets at or below this amount, intestate only, excluding homestead and exempt property.read at source
$75,000
Tex. Est. Code ch. 205 (§205.001) · last checked 2026-09-05
A will may not be admitted to probate after the fourth anniversary of the testator's death, unless the applicant shows they were not in default in failing to present it.read at source
4 years
Tex. Est. Code §256.003 · last checked 2026-09-05
Inventory, Appraisement and List of Claims due within 90 days of qualification; Affidavit in Lieu available to an independent executor with no unpaid creditors.not yet confirmed
90 days
Tex. Est. Code §309.051, §309.056 · last checked 2026-07
Texas specifics (verify current law with the county probate court or an attorney): a will must be filed for probate within 4 years of death (Estates Code §256.003); Texas commonly uses independent administration with minimal court supervision; the Inventory, Appraisement & List of Claims is generally due within 90 days of qualification (§309.051), and an independent executor with no unpaid creditors may file an Affidavit in Lieu of Inventory (§309.056); notice to creditors is generally published within one month of receiving Letters (§308.051); a small-estate affidavit may be available for estates of $75,000 or less excluding homestead and exempt property, with no will (Chapter 205). General information, not legal advice.
Steps are grouped the way the work actually arrives. Required marks a duty backed by a citation; Recommended marks something that protects you or the estate but is not itself a legal obligation.
Nearly every institution requires an original certified copy.
How: Order through the funeral home or the Texas Department of State Health Services / county vital records.
In Texas a will must be filed for probate within 4 years of death, or the estate is generally treated as if there were no will. The original is required.
How: Check the safe, files, and safe-deposit box; ask their attorney.
Tex. Est. Code §256.003 · last checked 2026-09-05read at source
You are responsible for protecting estate property from loss starting now.
How: Lock up, collect keys, consider re-keying, keep utilities on for now.
The mail reveals accounts and bills you don't know about.
How: USPS forwarding as 'executor for the estate of…'. Photograph everything into Settle.
Stops benefit payments that would have to be repaid. Survivor benefits are separate — nobody starts them for you.
How: The funeral home usually reports the death — confirm by calling SSA at 1-800-772-1213. If a surviving spouse or child may qualify for survivors benefits or the $255 lump-sum death payment, they must apply themselves; you cannot apply online. Ask about the benefit paid for the month of death, which often has to be returned.
For a small estate with no will, an affidavit can avoid full administration — faster and cheaper.
How: Generally available if estate assets (excluding homestead and exempt property) are $75,000 or less, there is no will, and 30 days have passed since death (Estates Code Ch. 205). Confirm with the county clerk.
Tex. Est. Code ch. 205 (§205.001) · last checked 2026-09-05read at source
Filing opens the estate and gets you Letters Testamentary. Independent administration lets you act with minimal court supervision — the Texas advantage.
How: File the application in the county where they lived. Ask the court about independent administration (usually available if the will authorizes it or heirs agree). Remember the 4-year deadline.
Without a will, the court must determine heirs before assets can pass.
How: File for determination of heirship and administration in the county court. An attorney is commonly used for heirship proceedings.
Statements, deeds, titles, and tax returns recur constantly through settlement.
How: Photograph everything into Settle as you find it.
Vacancy can limit or void coverage; an uninsured loss drains the estate.
How: Call the insurer and ask about a vacancy endorsement.
Needed for the estate bank account and tax filings.
How: Free at irs.gov, 15 minutes online.
Never mix estate money with your own.
How: Bring Letters, EIN, and a death certificate to the bank.
Texas generally requires the personal representative to publish notice to creditors within one month of receiving Letters (§308.051), and to give specific notice to secured creditors.
How: Publish in a newspaper in the county; send required notices to known secured creditors. Track responses in Settle.
Freezes accounts against fraud; starts transfers.
How: Write to each institution with a certified death certificate and, once the court issues them, a copy of your Letters. Log who you contacted and when in Settle so you can show the follow-up trail.
Policies pay beneficiaries directly and often quickly.
How: Call each insurer with policy number + death certificate.
Stops fees and identity theft.
How: Notify issuers, then Equifax, Experian, TransUnion.
Small drains add up over a long settlement.
How: Bank statements and forwarded mail reveal them.
Texas generally requires this within 90 days of qualification (§309.051). Independent executors with no unpaid creditors may instead file an Affidavit in Lieu of Inventory (§309.056).
How: Settle's inventory report gives you the asset list. Confirm whether you can use the affidavit-in-lieu option with the court.
Tex. Est. Code §309.051, §309.056 · last checked 2026-07not yet confirmed
Date-of-death values set tax basis and drive distribution.
How: Real estate: appraisal or broker opinion. Keep reports in Settle.
Protects estate value; order of payment matters if funds are tight.
How: Estate account only. If the estate may be insolvent, pause and get advice.
A final personal return (and possibly an estate income return) is due; Texas has no state income tax, but federal filing still applies.
How: A CPA experienced with estates is usually worth it — hand them Settle's reports.
Documented expenses come back to you from the estate.
How: Settle's ledger tracks 'paid personally' items; reimburse with a paper trail.
Distributing before debts, taxes, and the creditor process are handled can create personal liability.
How: Follow the will (or Texas intestacy rules). Get signed receipts from each beneficiary; keep them in Settle.
Independent administrations often close informally with a closing report or affidavit; dependent administrations require a final accounting approved by the court.
How: Generate Settle's Ledger and Inventory reports, file any required closing document, and keep records for several years.
Settle builds this checklist into a plan you can actually work
The steps above, ordered for your situation in Texas, with the deadlines on a calendar, your documents attached to the step that needs them, and an expense ledger for everything the estate owes you back. The plan itself is free.
Every figure on this page links to the statute or court source it came from and shows the date we last read it. 2 of the 6 citations on this page carry the “not yet confirmed” tag. That means we recorded the citation from a secondary source and have not yet read it against the primary statute text ourselves. We could have left those rows out and the page would look better — but it would imply the rest were checked too, which is exactly the impression nobody should be given about a court deadline.
The full registry, including everything we have not confirmed, is published at Where the state information comes from. If the court or your attorney gave you a different date, please tell us at [email protected] — it is the fastest way to get it fixed for the next executor.