When a loved one passes away, someone must take responsibility for gathering their assets, paying their debts, and ensuring their property reaches the people it was meant for. Probate administration is the legal process through which this happens — it is the court-supervised framework for settling a deceased person's estate under the authority of Texas law.
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Texas makes this process more manageable than most states through its strong preference for independent administration — an approach that allows a qualified executor or administrator to handle the estate with minimal court oversight after the initial appointment. For many Walker County and Montgomery County families, probate administration can be completed in six to twelve months without repeated court appearances or lengthy judicial involvement.
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The Law Office of Ryan Putz represents personal representatives — executors and administrators — throughout the Texas probate administration process, as well as beneficiaries who need to understand their rights and ensure the estate is being administered properly.
Testate vs. Intestate Administration
When There Is a Valid Will (Testate Administration)
When a person dies leaving a valid will, the will nominates an executor — the person responsible for carrying out the will's instructions and administering the estate. The will is presented to the court for admission to probate, and once admitted, the court formally appoints the executor and issues letters testamentary, which give the executor legal authority to act on behalf of the estate.
If the named executor is unable or unwilling to serve — or if they have predeceased the testator — a successor executor named in the will may qualify, or the court may appoint an administrator with will annexed (also called an administrator CTA) to carry out the will's terms.
When There Is No Will (Intestate Administration)
When a person dies without a will, they are said to have died intestate. Their estate passes to their heirs according to Texas's intestate succession statutes found in Texas Estates Code Chapter 201 — not according to anyone's preferences or assumptions. The court appoints an administrator (rather than an executor) to manage the estate. Texas law establishes a priority list of persons entitled to serve as administrator, beginning with the surviving spouse and moving to adult children, parents, siblings, and more distant relatives.
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Intestate administration often requires a formal determination of heirship proceeding before the estate can be fully administered, because the court must legally establish who the deceased's heirs are before assets can be distributed. This adds a step — and sometimes meaningful cost — that a valid estate plan would have avoided entirely. If you are reading this while settling an estate, see our Determination of Heirship page. If you want to prevent this situation for your own family, our Estate Planning services can help.
Independent Administration vs. Dependent Administration
Independent administration is available when:
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The will expressly authorizes it (most Texas wills do), or
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All distributees of the estate agree in writing to independent administration, or
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The court finds that independent administration is in the best interests of the estate
Dependent administration is the court-supervised alternative. In a dependent administration, the personal representative must obtain court approval before selling property, paying certain claims, making distributions, and other significant actions. The representative must also file formal accountings with the court. Dependent administration is slower and more expensive, but it provides maximum judicial oversight — which can be appropriate in contentious estates or when a beneficiary has concerns about the representative's conduct.
Step-by-Step: The Texas Probate Administration Process
1. File the Application
The executor or prospective administrator files an application in the county court of the county where the deceased resided. The application includes the original will (if any), the death certificate, and information about the deceased and the estate.
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2. Citation and Posting
The court clerk posts a citation at the courthouse for a statutory waiting period before the hearing can be held. In most cases this is ten days from the date the application is filed.
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3. Probate Hearing
At the hearing, the court admits the will to probate (or finds it invalid), qualifies the personal representative, and issues letters testamentary or letters of administration. The representative takes a formal oath.
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4. Notice to Creditors
Within one month of appointment, the representative must publish a notice to creditors in a local newspaper (Texas Estates Code § 308.051) and send individual notice to each secured creditor of the estate (§ 308.053). Creditors then have four months to present claims.
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5. Inventory and Appraisement
Within 90 days of appointment, the representative files a sworn inventory and appraisement with the court listing all estate assets and their fair market values as of the date of death. An appraisement by a court-appointed appraiser may be required for certain asset classes.
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6. Manage Estate Assets
The representative gathers, safeguards, and — if necessary — liquidates estate assets. In an independent administration, property may be sold without court approval. All estate funds must be kept separate from the representative's personal funds.
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7. Pay Debts and Expenses
Valid creditor claims, secured debts, administration expenses, and any taxes owed by the estate are paid in the priority order set by Texas law. No distributions to beneficiaries may occur until valid debts and expenses have been addressed.
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8. Distribute to Beneficiaries
After debts and expenses are paid, the remaining assets are distributed to the beneficiaries named in the will (or to the heirs under Texas intestate succession if there is no will), in the shares and manner required by the controlling document or statute.
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9. Close the Estate
The representative files an affidavit of closing or a final account to formally close the estate and terminate their authority. The estate is then closed on the court's records.
The Executor's and Administrator's Fiduciary Duties
A personal representative in Texas is a fiduciary — meaning they are legally obligated to act in the best interests of the estate and its beneficiaries, not in their own interests. Key fiduciary duties include:
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Duty of loyalty — acting for the benefit of beneficiaries, not self-interest
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Duty of care — managing assets with the prudence of a reasonable person
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Duty to account — maintaining accurate records and providing beneficiaries with information about the estate
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Duty not to commingle — keeping estate funds strictly separated from personal funds
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Duty to act impartially among beneficiaries with different interests (e.g., income beneficiaries vs. remainder beneficiaries)
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Duty to collect and protect estate assets without unnecessary delay
A personal representative who breaches their fiduciary duties can be held personally liable for the resulting harm to the estate. If you are a beneficiary and have concerns about how the estate is being administered, we can advise you on your rights and options, including seeking a court accounting or removal of the representative.
Estate Taxes and the Texas Probate Process
Texas has no state estate tax or inheritance tax. For federal estate tax purposes, the federal estate tax exemption is substantial (indexed for inflation each year), meaning the vast majority of estates do not owe any federal estate tax. Estates with a taxable value above the federal exemption amount must file an IRS Form 706 and pay any tax due within nine months of the date of death.
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Even when no estate tax is owed, the estate may have income tax obligations during the administration period. The personal representative may need to file the deceased's final individual income tax return and, if the estate generates income during administration, an estate income tax return (Form 1041). We coordinate with the client's CPA or tax advisor to ensure all tax obligations are addressed during the administration.
How Long Does Probate Take in Walker County?
The timeline for probate administration in Walker County depends on the complexity of the estate, whether it is testate or intestate, and whether any disputes arise. As a general guide:
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Simple independent administration — clear will, few assets, no disputes 4 to 6 months
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Moderate estate — some real property, multiple beneficiaries, creditor claims to process
6 to 9 months
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Complex estate — business interests, multiple properties, federal estate tax return required
9 to 18 months
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Intestate estate requiring heirship determination - Add 3 months for the heirship proceeding
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Contested estate or will challenge - Variable — can extend to 1 to 3 years or more
Why Choose the Law Office of Ryan Putz for Probate Administration?
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Experienced in both testate and intestate estate administration in Walker County and Montgomery County
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Guides personal representatives through every step — from the initial application to final closing
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Clear explanation of fiduciary duties so representatives can avoid personal liability
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Coordination with financial institutions, title companies, and tax advisors throughout the process
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Representation of beneficiaries who have concerns about the administration of an estate
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Efficient independent administration that minimizes court involvement and legal costs
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Responsive service from our Huntsville office, conveniently located for Walker County probate court filings
The Law Office of Ryan Putz serves clients throughout Walker County, Montgomery County, San Jacinto County, Madison County, and Trinity County.
Need help settling a loved one's estate? Call (936) 978-2045 or contact us online to speak with Huntsville probate administration attorney Ryan Putz.
