Order
When life feels overwhelming
Order
When life feels overwhelming
Texas makes some parts of settling an estate simpler than many states — and others uniquely complicated. The state's independent administration process can avoid lengthy court supervision, but community property rules, affidavit of heirship options, and the absence of a state income tax all create a legal picture that's distinctly Texan. Order knows every one of these steps and walks your family through them in the right order.
Content updated: October 2026
State-specific rules that affect how an estate is handled here.
Texas is a community property state. Property acquired during the marriage is generally treated as community property — but assets each spouse brought in separately, plus any gifts and inheritances, remain separate property. The distinction affects every asset in the estate.
Texas allows 'independent administration' — a simpler form of probate where the executor can manage and distribute assets without ongoing court supervision. If the will permits it, this can save your family significant time and legal costs.
When there's no will, or for certain real property transfers, Texas allows an affidavit of heirship. This document — signed by two disinterested witnesses — can transfer property without formal probate in many situations.
Texas has no state income tax, which simplifies one part of the process. There's no final state return to file. However, federal estate and income taxes still apply, and property taxes are notably high — keep an eye on any inherited real estate.
These are just a few of the Texas-specific tasks Order surfaces automatically when you select your state.
Texas's independent administration lets the executor manage and distribute assets without ongoing court supervision — a significant time and cost savings available when the will permits it or all heirs agree.
Property acquired during the marriage is generally treated as community property — but assets each spouse brought in separately, plus any gifts and inheritances, remain separate. The line between community and separate property matters for every asset.
Texas allows certain property transfers without formal probate using a witnessed affidavit of heirship — but using it in the wrong circumstances can cloud title and create serious problems years later at sale or refinance.
Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.
Deeper reading
Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Texas.
Military families in Texas
Texas-specific
These tasks appear automatically in your checklist when you select Texas as your state.
Texas allows simpler independent administration if will permits
Spouse has automatic rights to community property
Use Form 130-U for title transfer
