📅 2026 Update: Changes in Probate Law and Practices

Since the original article on probate estates was written, several significant updates have occurred in probate law and practices. These changes affect how estates are managed, including new laws and updated fees. The earlier article continues further down the page for more foundational information on this topic.

⚖️ Recent Legal Amendments

On September 1, 2023, Senate Bill 1373 was enacted. This bill amended Estates Code Section 202.151 to allow affidavits of heirship as valid proof in heirship proceedings. This change simplifies the process for establishing heirship, making it easier for families to claim their inheritance.

📝 New Oath Procedures

Also on September 1, 2023, the same Senate Bill amended Sections 305.051–305.053. Personal representatives can now make oaths through unnotarized declarations under penalty of perjury. This change reduces the need for notarization, speeding up the process for personal representatives.

💰 Updated Estate Tax Exemptions

In 2026, the federal estate tax exemption increased to $15 million per individual, with married couples being able to combine their exemptions for a total of $30 million. This change impacts estate planning significantly, allowing for more wealth to be passed on without tax implications.

📅 Simplified Probate Process

As of August 19, 2026, the probate process in Texas is considered simpler than in many other states. This is largely due to the "independent administration" of estates, which allows for a more streamlined handling of probate cases.

📌 Key Takeaways

  • ⚖️ New laws allow affidavits of heirship for easier proof.
  • 📝 Personal representatives can make oaths without notarization.
  • 💰 Federal estate tax exemption is now $15 million per individual.
  • 📅 Texas probate process is simpler due to independent administration.
  • 🛠️ Changes aim to streamline estate management and reduce delays.

💡 Tips for Managing Probate Estates

It's essential to discuss your unique situation with your attorney. They can guide you on navigating the complexities of probate law.

📜 Understand Affidavit Use

Learn how affidavits of heirship can serve as proof in probate cases. This could simplify the process of identifying heirs and claiming an inheritance.

🔍 Know About Oath Changes

Familiarize yourself with the new rules for oaths of personal representatives. The option for unnotarized declarations can save time during the probate process.

💵 Plan for Estate Taxes

Keep the current federal estate tax exemption in mind when planning your estate. Understanding the limits can help in effective estate management and tax avoidance.

⏳ Prepare for Probate Timelines

Recognize that Texas probate is generally simpler and quicker than in many other states. This could mean less stress and more efficient estate resolution.

📚 Utilize Available Resources

Explore nonprofit and government resources for assistance in probate processes. These can provide valuable help without incurring high costs.

❓ Frequently Asked Questions

❔ What is an affidavit of heirship?

An affidavit of heirship is a legal document that establishes the heirs of a deceased person's estate. It can be used in probate proceedings to simplify the determination of who inherits.

🤔 How can I speed up the probate process?

Using the independent administration option in Texas can help speed up the probate process. This allows for more streamlined management of the estate without needing extensive court oversight.

🏦 What should I know about estate taxes?

The federal estate tax exemption is currently $15 million per individual. Understanding this limit is crucial for effective estate planning and minimizing tax liabilities.

📅 Are there deadlines for probate filing?

While specific deadlines can vary, it’s essential to file for probate as soon as possible after a person's death to avoid complications. Consulting resources can provide guidance on local deadlines.

📜 What happens if someone dies without a will?

If a person passes away without a will, their estate is subject to intestate succession laws. This means the estate will be distributed according to state laws rather than the deceased's wishes.

🛠️ Can I manage probate without a lawyer?

While it is possible to handle probate matters without legal representation, complexities in the law may make it advisable to seek assistance. Understanding the processes and forms involved is critical for success.

⚖️ Recent Court Cases Related to Probate

Recent rulings have impacted probate law and practices, highlighting the evolving landscape in estate management.

For more detailed information, you can browse more rulings on the news page.

End of October 2026 Update







The probate estate can be used to describe an estate that is in probate. Probate law handles issues that deal with the administration of a will. Probate estates are those estates which have reached the point where the will can be administered.



In order for an estate to be administered, the will must first be held as legally valid by the surrogacy courts. Any challenge to the will generally occurs at this time. If the courts hold the will as legally valid, then the probate estate can be administered. The estate must first pay any creditors. In fact, no property may be collected from beneficiaries of the estate, until all debts have been settled.



Once all debts are settled, the estate may have to pay an estate tax, depending on the tax laws in that jurisdiction. The estate, depending on the value, will also likely be responsible for a federal estate tax, which is different than an inheritance tax. The inheritance tax will be paid by the beneficiaries, on the value of the property they inherited.

An Overview of Probate Estates


In addition to taxes, there are other legal issues which apply to the estate. For example, individuals may jointly inherit property. If those individuals do not wish to own that property jointly, they may auction off or sell that property and then distribute the proceeds between the two. The inheritance tax however, will apply to the value of the property on the day the benefactor died, rather than the amount it sold for. If you need legal advice and assistance, contact probate lawyers.