📅 2026 Update: Changes in Probate and Estate Laws

Since the original article on community property was published, several important changes in probate and estate laws have taken place. These updates can affect how individuals handle estates, inheritance, and other related matters. The earlier article continues further down the page, providing foundational knowledge on these topics.

⚖️ New Legislation on Heirship

On September 1, 2023, Senate Bill 1373 made significant amendments to the Estates Code. It now allows affidavits of heirship as proof in heirship proceedings. This change applies to proceedings that began on or after this date, simplifying the process of proving who an heir is in estate matters.

📝 Updates on Personal Representatives

In 2023, Senate Bill 1373 also modified Sections 305.051–305.053 of the Estates Code. This amendment permits personal representatives to submit oaths through unnotarized declarations under penalty of perjury. This change applies to proceedings started on or after September 1, 2023, making it easier for representatives to fulfill their duties.

💰 Estate Tax Exemption Changes

As of 2026, the federal estate tax exemption stands at $15 million per individual. Married couples can combine their exemptions up to $30 million. This change has a significant impact on estate planning, particularly for high-net-worth individuals, as it allows for greater wealth transfer without incurring estate taxes.

🏛️ Simplified Probate Process in Texas

As of August 19, 2026, Texas probate has become notably simpler than in many other states. The "independent administration" of estates streamlines the process, making it more efficient for executors and heirs. This update can help reduce the time and costs associated with probate.

📌 Key Takeaways

  • ⚖️ New legislation allows affidavits of heirship as proof in proceedings.
  • 📝 Personal representatives can now use unnotarized declarations for oaths.
  • 💰 The federal estate tax exemption is $15 million per individual in 2026.
  • 🏛️ Texas probate is simpler due to the independent administration of estates.

💡 Tips for Navigating Probate and Estate Matters

Review the details of your unique situation with your attorney. Understanding the specifics of your case is crucial for effective estate management.

📜 Know the New Heirship Rules

With the changes in Senate Bill 1373, it's important to understand how affidavits of heirship can streamline your estate process. This method can save time and provide clarity in determining heirs.

🖊️ Use Unnotarized Declarations

Personal representatives should know they can now submit oaths through unnotarized declarations. This simplifies the process and may reduce costs associated with notarization.

💼 Plan for the Estate Tax Exemption

For individuals with significant assets, planning around the $15 million estate tax exemption is vital. This ensures that more wealth can be passed on to heirs without incurring taxes.

⏳ Consider Probate Simplicity in Texas

Those residing in Texas can benefit from the simplified probate process. Understanding independent administration can help you navigate estate distribution more easily.

📅 Stay Updated on Legal Changes

Laws can change frequently. Keeping up with updates from the Texas Supreme Court and state legislation is essential to ensure compliance and effective estate planning.

❓ Frequently Asked Questions

🏠 What is independent administration in Texas?

Independent administration allows executors to manage an estate without needing court approval for every action. This process simplifies probate, making it quicker and less costly.

📜 How can I prove heirship in Texas?

Since September 1, 2023, affidavits of heirship can serve as proof in heirship proceedings. This allows heirs to establish their status without extensive legal hurdles.

💵 What is the estate tax exemption in 2026?

The federal estate tax exemption is set at $15 million per individual in 2026. Married couples can combine this exemption up to $30 million, impacting how estates are planned and administered.

📝 Can personal representatives use unnotarized declarations?

Yes, as of September 1, 2023, personal representatives can use unnotarized declarations to submit oaths for their duties. This change simplifies the administration process.

⚖️ What recent changes affect estate planning?

Legislative changes, such as those from Senate Bill 1373, impact how estates are managed, particularly regarding heirship and the duties of personal representatives in Texas.

⏳ How can I ensure my estate plan is up-to-date?

Regularly review your estate plan, especially after legal changes, to ensure it reflects your current wishes and complies with the latest laws.

⚖️ Recent Cases Impacting Estate Law

Several recent court rulings have influenced probate and estate law, specifically in Texas. These rulings address heirship, estate management, and the responsibilities of personal representatives.

Explore more recent rulings in the news section for updates on legal decisions that may affect your estate planning. more rulings on the news page.

End of October 2026 Update






Community property is property which is jointly owned in a marriage. In other words, community property is the equal property, as a percentage of that property, of both spouses. Homes are often community property, as are cars and other items which have a title. Community property may also include items found in the home, such as furniture and other items.

In most cases, community property becomes the property of the surviving spouse if one spouse should be deceased. However, a will may list an item which is deemed as community property and that percentage of ownership may be left to an individual other than the spouse in some jurisdictions. There are however, rules and laws which govern community property.

Community Property At A Glance

For example, some jurisdictions automatically grant full ownership of community property to the surviving spouse, even when a will says otherwise. Yet, the surviving spouse may have signed their rights away to a percentage of the community property in the will. For instance, if the couple has grown children, the spouses may have decided to leave a portion of the community property to those children. In that case, the children would be able to inherit a portion or percentage of the community property.


There may also be clause in the will which allows the surviving spouse to maintain ownership of that property while they are still alive, even if the deceased spouse granted ownership to another. When the surviving spouse passes away, the beneficiary may then take ownership of that percentage of the community property.