📅 2026 Update: Recent Changes in Wills and Probate Law

Since the original article was published, there have been notable updates in wills and probate law that are important for readers to understand. Changes include new legislation in Texas and updates regarding estate tax exemptions. The earlier article continues further down the page for additional insights.

🏛️ New Legislation in Texas

On September 1, 2023, Texas passed Senate Bill 1373. This law allows affidavits of heirship as proof in heirship proceedings. This change simplifies the process for determining heirs and can help speed up probate cases.

📜 Oaths of Personal Representatives

Also effective September 1, 2023, Senate Bill 1373 allows personal representatives to make oaths through unnotarized declarations under penalty of perjury. This means that individuals can now provide necessary documentation without needing a notary, making the process easier and more accessible.

⏰ Streamlined Probate Process

As of August 19, 2026, Texas probate is recognized as simpler than in many other states. The "independent administration" of estates allows for more efficient management without the need for constant court oversight. This change can lead to quicker resolutions for families dealing with estates.

💰 Current Estate Tax Exemption

In 2026, the federal estate tax exemption has increased to $15 million per individual. Married couples can combine their exemptions, reaching up to $30 million. This significant increase can have a big impact on estate planning for high-net-worth individuals.

📌 Key Updates to Remember

  • 🏛️ New Texas Law allows affidavits of heirship.
  • 📜 Easier Oaths for personal representatives.
  • ⏰ Simplified Probate process in Texas.
  • 💰 Higher Estate Tax Exemption now at $15 million.

💡 Tips for Managing Wills and Probate

It is important to discuss your specific situation with your attorney. Here are some practical tips for handling wills and probate matters.

📅 Understand Heirship Proceedings

Knowing the new law that allows affidavits of heirship can help simplify the process of determining who inherits. This can save time and reduce confusion for families during a difficult time.

📝 Keep Documents Accessible

Make sure your will and related documents are stored in a safe but accessible place. This can help your family find them easily when needed, reducing delays in the probate process.

🔍 Review Estate Tax Exemptions

With the federal estate tax exemption at $15 million for 2026, it's a good time to review your estate planning strategies. This can potentially save your heirs a significant amount in taxes.

🏢 Consider Independent Administration

If you are in Texas, look into the benefits of independent administration for your estate. This can make the probate process much smoother and faster compared to supervised administration.

📞 Communicate with Family

Talk openly with your family about your estate plans. Clear communication can help prevent disputes and confusion after a loved one passes away.

📈 Stay Informed About Laws

Keep an eye on any changes to probate laws in your state. New laws can impact how estates are managed and can create opportunities for more efficient planning.

❓ Frequently Asked Questions

🤔 What is the probate process in Texas?

Probate in Texas involves validating a will, appointing an executor, and distributing assets. The process can vary in complexity based on the size of the estate and whether it is contested.

🏛️ How do I file for probate in Texas?

To file for probate in Texas, you need to submit the will and an application to the probate court. This usually requires specific forms and may involve a filing fee.

🔍 What happens if someone dies without a will in Texas?

If someone dies intestate (without a will) in Texas, the state laws of intestate succession determine how the estate is distributed. This can lead to complications and disputes among family members.

💰 Are there estate taxes in Texas?

Texas does not impose a state estate tax. However, federal estate tax laws apply, and the current exemption is $15 million per individual.

📝 Can I contest a will in Texas?

Yes, you can contest a will in Texas if you have standing, such as being an interested party. Common grounds for contesting a will include lack of capacity or undue influence.

🔗 How can I find a probate attorney?

You can search for probate attorneys through state bar associations or legal aid organizations. It's essential to review their qualifications and experience before making a choice.

⚖️ Recent Court Cases Related to Wills and Probate

Recent court rulings have clarified aspects of wills and probate law, including new procedures and requirements in Texas. These decisions can influence how estates are managed and how disputes are resolved.

For more recent rulings, check out the more rulings on the news page.

End of October 2026 Update







Individuals that have decided to have a will, should seek legal advice on the probate process to avoid any legal complications when the will is administered. For example, a probate will may be challenged on several counts if individuals believe that the benefactors did not write the will or that they were not of sound mind when they wrote the will. There are many other legal complications which can occur during the probate process.



Once a will has reached probate, all challenges to the will should be answered, although the will may be challenged at a later date. The probate process may also be delayed for challenges to the will, especially if the challenges have merit. These complications are often avoided if the writing of the will was videotaped and witnessed, which can alleviate fears about the state of mind of the individual that wrote the will.  



Once the will has been legally upheld, the probate will can be administered.

What Should You Know About Wills and Probate


First, the probate process dictates that all creditors be paid by the estate. For example, a home that has a mortgage must have that mortgage paid before anyone can take possession of that property. Finally, the will can be administered and the instructions as laid out in the will, must be followed exactly. Contact a probate lawyer to consult your case.



The will is used to determine which property is distributed to beneficiaries and in what manner. For example, money may be in a trust which is administered to a beneficiary once they become a certain age or graduate from college.