Texas Executor Checklist

Locate the will and secure original documents

Search safes, filing cabinets, and safe deposit boxes. The original will (not a copy) is required to file for probate. Also locate the property deed, recent tax statements, and any mortgage documents.

Hire a Texas probate attorney

Most Texas probate attorneys offer flat-fee consultations. Bring the original will, a copy of the death certificate, and a list of known estate assets and debts. Confirm whether the estate qualifies for independent administration.

File the will and application for probate

File with the probate court in the Texas county where the decedent lived at death. Your attorney handles the filing. The court will schedule a hearing, typically 2–4 weeks out.

Secure the property

Change the locks, verify the property is insured (contact the homeowner's insurance carrier immediately — many policies have vacancy clauses), maintain utilities, and ensure the lawn and exterior are maintained to prevent code violations or HOA issues.

Attend the probate hearing and receive Letters Testamentary

Letters Testamentary is your official authorization to act as executor. Request at least 4–6 certified copies — you'll need them for the bank, title company, and other institutions. Letters can become "stale" after 60–90 days at some institutions; order fresh copies if a transaction is delayed.

Check property tax status

Verify with the county appraisal district whether any homestead, over-65, or agricultural exemptions were in place — these terminate at death. Check for delinquent taxes. Delinquent taxes accrue at 1% per month and must be resolved at closing.

Order a Comparative Market Analysis (CMA)

You need a fair market value estimate for the estate inventory filing (due within 90 days of your appointment). A CMA from a probate real estate specialist satisfies this requirement. Use this same agent to list the property when you're ready — they'll already know the property.

File the estate inventory

The inventory, appraisement, and list of claims is due within 90 days of your appointment. Your attorney prepares the filing using the CMA and any other asset valuations. Missing this deadline creates court complications — calendar it immediately.

Clear out personal property

Coordinate with heirs to identify any items with sentimental or monetary value. Hire an estate sale company for the remainder — most work on commission (25–35%) with no upfront cost. Complete the cleanout before professional photography. Do not throw away documents, financial records, or items of uncertain value without checking with the estate attorney.

Decide on repairs — get a recommendation before spending

Not all repairs improve net sale price. In some markets, as-is sales outperform renovated listings. Ask your probate real estate specialist for a specific recommendation for your property before authorizing any significant estate expenditure on improvements.

List the property and review offers carefully

Under independent administration, you can accept an offer and sign the contract without court approval. Review the buyer's financing (cash or pre-approved?), option period length, and closing timeline. Probate sales commonly take 45–60 days to close once under contract due to title work on the executor's deed.

Close, distribute proceeds, and file final accounting

The title company will prepare an executor's deed for your signature. Sale proceeds go to the estate account. Pay remaining estate debts and expenses, then distribute to heirs per the will or intestate succession. Your attorney will advise on the final accounting and closing of the estate with the court.