📅 2026 Update: Changes in Probate and Estate Law

Since the original article was published, several important updates have occurred in probate and estate law. The changes mainly affect how estates are managed and the rules governing heirs and personal representatives. The article continues further down the page, detailing these changes along with other relevant information.

🏛️ Recent Legislative Changes

New laws have been enacted that impact the probate process. On September 1, 2023, Senate Bill 1373 amended Estates Code Section 202.151. This allows affidavits of heirship to be used as proof in heirship proceedings.

This change simplifies the process for establishing who inherits an estate.

✍️ Changes to Oaths for Personal Representatives

Also effective September 1, 2023, the same Senate Bill amended Sections 305.051–305.053. It now permits personal representatives to make oaths through unnotarized declarations under penalty of perjury. This can speed up the probate process, as notarization is not always easily accessible.

⚖️ Updates on Estate Tax Exemption

In 2026, the federal estate tax exemption is set at $15 million per individual. Married couples can combine their exemptions, reaching up to $30 million. This significant increase from previous years can affect estate planning decisions for many families.

🕰️ Simplified Probate Process in Texas

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 streamlines many steps. This means that executors have more freedom to manage the estate without needing court approval for every action.

📌 Key Updates Summary

  • 🏛️ New laws allow affidavits of heirship as proof.
  • ✍️ Oaths can now be made with unnotarized declarations.
  • ⚖️ Federal estate tax exemption is $15 million per individual.
  • 🕰️ Texas probate is simplified due to independent administration.

💡 Tips for Managing Probate and Estate Matters

Review the details of your situation with an attorney for personalized guidance.

📝 Understand Affidavit Use

It's important to know that affidavits of heirship can now serve as evidence in heirship proceedings. This can help expedite the process if you need to establish inheritance rights.

📜 Consider Oath Changes

Since personal representatives can now use unnotarized declarations, this can save time in managing estates. Ensure that all declarations are made under penalty of perjury for legal standing.

💰 Be Aware of Tax Exemptions

With the federal estate tax exemption at $15 million, it's essential to consider how this affects your estate planning. Families with larger estates should take this into account when creating or updating wills and trusts.

🔍 Review Independent Administration

Independent administration can simplify the probate process in Texas. If you are the executor, familiarize yourself with these rules to better manage the estate without court oversight.

⏰ Stay Informed on Legislative Changes

Keep track of any new laws or changes in probate and estate law. Understanding these updates can help you make informed decisions about your estate and potential legal matters.

❓ Frequently Asked Questions

❓ What is an affidavit of heirship?

An affidavit of heirship is a legal document used to declare the heirs of a deceased person. Recent changes allow this document as proof in heirship proceedings.

📅 How has the probate process changed in Texas?

The probate process in Texas is now simpler due to the independent administration of estates, allowing executors more freedom in managing estates without constant court approval.

💸 What is the current estate tax exemption?

As of 2026, the federal estate tax exemption is $15 million for individuals, with married couples able to combine exemptions up to $30 million.

📝 Do personal representatives need notarized oaths?

No, recent changes allow personal representatives to submit unnotarized declarations under penalty of perjury instead of requiring notarized oaths.

🔍 How can I find free help with probate?

Free government and nonprofit resources are available to assist with the probate process. These can provide support without the burden of legal fees.

⚖️ What should I consider when managing an estate?

Consider legal updates, tax implications, and available resources. Staying informed can significantly impact the management and distribution of an estate.

⚖️ Recent Court Cases Related to Probate

Recent court rulings have highlighted changes in probate and estate law. These rulings affect how estates are administered and how heirs are identified and validated.

You can browse more rulings on the news page for the latest updates.

End of October 2026 Update





A special administrator is a court appointed individual who obtains the responsibility of investigating an individual's estate or managing the assets of an individual's estate following his/her death. Generally, a special administrator will be appointed when there are disputes or disagreements between beneficiaries, or between the executor and the beneficiaries. In order to appoint a special administrator, a motion to appoint must be filed.



An individual can obtain the necessary paperwork from his/her local court. This form will ask a petitioner about his/her relationship to the deceased individual. He/she must gain approval from the interested parties in the probate case, to act as the special administrator or to appoint a special administrator. After the paperwork is successfully completed, it can be returned to the local court, where it will be reviewed. The judge will analyze the petition and determine whether it should be approved.

Special Administrator At A Glance