First steps after a loss
- Order several certified copies of the death certificate.
- Find the original will, if there is one. Courts generally need the original, not a copy.
- Secure the home and belongings, and keep insurance and utilities active.
- Keep paying property taxes and the mortgage so the property stays protected.
- Avoid selling, giving away, or dividing property until you understand the process.
Documents to gather
- Deeds and property tax statements. You can look up the property on the HCAD website.
- Mortgage, home equity, and lien statements.
- Bank, retirement, life insurance, and vehicle title information.
- A list of debts and bills.
- Marriage and divorce records.
- Names and contact information for the spouse, all children (including from earlier relationships), and other relatives.
Know the timelines
In Texas, a will generally must be offered for probate within four years of the person's death. After that, options become more limited. If there is no will, heirship can still be established later, but it usually gets harder as records are lost and family members pass away.
What the process may look like
- Choose the path. Full probate, probate as a muniment of title, a small estate affidavit, or an heirship proceeding, depending on the estate.
- File with the court. In Harris County, estate cases are handled by the county's statutory probate courts.
- Notice and hearing. Most cases include a short hearing where a judge reviews the application and testimony.
- Record the result. Record orders affecting real estate in the county property records to update title.
Tip: Bring this checklist and whatever documents you have to one of our clinics. You don't need everything to get started.
This guide is general information about Texas law, not legal advice, and reading it does not create an attorney–client relationship. Laws change and every family's situation is different — talk with a licensed Texas attorney before acting.