What Is Probate in Texas? A Step-by-Step Guide for Families in Denton

When a loved one passes away, families are often left navigating not only grief but also complex legal responsibilities. One of the most common questions we receive at Kelsey Law Firm is: “What exactly is probate, and do we have to go through it?”

If you're in Denton or Denton County, this guide will walk you through what probate means in Texas and how the process typically works.

What Is Probate?

Probate is the statutory and sometimes heavily court-supervised process of:

• Identifying the deceased person’s assets

• Paying debts and taxes

• Transferring remaining property to heirs or beneficiaries

In Texas, probate is handled through the county and specialized probate courts — for Denton residents, this occurs in two Denton County Probate Courts.

When Is Probate Required in Texas?

Probate is not always required, but often advisable when:

• A person dies owning assets in their name only

• There is no trust in place

• Financial assets such as checking accounts and life insurance name no designated pay-on-death or survivor beneficiary

• Titled assets such as real estate and motor vehicles are involved

Some estates may qualify for simplified procedures, but our Denton County Probate Courts generally require attorney representation for most probated proceedings and estate administrations.

The Texas Probate Process (Simplified)

1. File the application for probate

2. Court appoints executor/administrator

3. Estate assets are identified, gathered, and protected by the executor/administrator

4. Notify creditors & beneficiaries

5. Inventory estate assets

6. Resolve creditor’s claims, pay debts, taxes and administrative expenses

7. Distribute remaining assets

8. Close the estate

Why Families in Denton Should Work With a Probate Attorney

Besides attorney representation being required by many courts including our Denton County Probate Courts, an attorney’s guidance can help avoid costly mistakes and delays in the process, avoid family conflict, and actually enhance the value of the inheritance received. A local Denton probate lawyer helps ensure everything is handled correctly and efficiently.

FAQ 

How long does probate take in Texas?

Most cases take 4–9 months, depending on complexity and level of court involvement.

Do all estates have to go through probate?

No. Situations vary, and proper estate planning can help avoid or minimize probate.

If you need guidance through probate in Denton County, contact Kelsey Law Firm for a confidential consultation. Call us today at (940) 387-9551.