Plain-English reference
Texas Probate Glossary
If you are settling a parent's or a spouse's estate, the paperwork arrives full of words nobody uses in everyday life. This page is a plain-English guide to the Texas probate terms you are most likely to meet, written for families facing an estate rather than for lawyers. Take it one word at a time. You do not have to learn all of it today, and you are not expected to.
72 terms, grouped into six sections. Where a term connects to a longer article on this site, the card links to it.
Section 01
Basic Texas probate terms
The words you will hear first, in the first phone call with an attorney or the first filing at the courthouse.
- Probate
- The court process for recognizing a will and handling estate matters after a person dies.
- Decedent
- A person who has died.
- Estate
- The property, money, and other assets belonging to a person at death.
- Estate Administration
- The process of managing a deceased person’s estate, including gathering assets, addressing debts, and distributing property.
- Last Will and Testament
- A legal document explaining how a person wants property distributed after death and often naming an executor.
- Is a will enough? The minimum every property owner should have
- Testate
- Died leaving a valid will.
- Intestate
- Died without a valid will, so Texas law determines who inherits.
- Heir
- Someone entitled to inherit under Texas intestate succession, such as a spouse, child, or qualifying relative.
- Beneficiary
- Someone designated to receive property or benefits through a will, trust, account, or other arrangement.
- Devisee
- A person or organization entitled to receive property through a will.
- Distributee
- Someone legally entitled to part of a deceased person’s estate under a valid will or Texas inheritance laws.
- Intestate Succession
- The Texas legal rules determining who inherits when someone dies without a valid will.
- Probate Court
- A court authorized to handle probate, estate administration, guardianship, and related matters.
- Why the county you file probate in matters
- Probate Attorney
- An attorney assisting families and estate representatives with probate and estate administration.
- Do I need a probate attorney in Texas?
Section 03
Texas inheritance & property ownership
How Texas classifies what a person owned, because that classification decides who inherits it.
- Community Property
- Property generally acquired by either spouse during marriage that is not classified as separate property under Texas law.
- Separate Property
- Property owned before marriage or acquired through certain means, such as a gift or inheritance.
- Surviving Spouse
- The husband or wife still living after their spouse dies.
- Homestead
- A qualifying home protected by certain Texas laws, with special inheritance, occupancy, and creditor protections after an owner’s death.
- Why your property tax bill can jump after you inherit
- Exempt Property
- Certain property protected for qualifying surviving family members.
- Family Allowance
- An amount set aside from an estate to support qualifying family members during administration.
- Right of Survivorship
- An ownership arrangement allowing an interest to pass to a surviving co-owner after death.
- Joint Tenancy
- A form of shared ownership; in Texas survivorship rights do not automatically exist just because owners hold property jointly.
- Tenancy in Common
- Shared ownership where each owner’s interest generally passes through their estate.
- Life Estate
- A property interest allowing someone to use or occupy property for their lifetime.
- Remainder Interest
- A future property interest that becomes possessory when a prior interest, such as a life estate, ends.
Section 04
Texas probate procedures & court documents
The filings, notices, and orders that move an estate through a Texas county court.
- Application to Probate a Will
- A legal filing asking a Texas court to recognize a deceased person’s will.
- Application for Administration
- A court filing requesting appointment of someone to administer an estate.
- Determination of Heirship
- A court proceeding used to identify legal heirs and determine their inheritance shares.
- Judgment Declaring Heirship
- A court order identifying the legal heirs and their respective interests.
- Affidavit of Heirship
- A sworn statement about a deceased person’s family history and heirs; it may help establish evidence of ownership but is not the same as a court judgment.
- Selling an inherited house in Texas: what heirs and executors should know
- Small Estate Affidavit
- A simplified court procedure for certain qualifying Texas estates when the person died without a will.
- Faster paths that avoid full probate
- Muniment of Title
- A Texas probate procedure allowing a qualifying will to serve as evidence of ownership without traditional administration.
- Selling an inherited house in Texas: what heirs and executors should know
- Probate Citation
- An official legal notice issued in connection with a probate proceeding.
- Creditor’s Claim
- A demand for payment of a debt allegedly owed by the deceased person or estate.
- Notice to Creditors
- A legally required notice informing creditors about estate administration.
- Temporary Administration
- A court-authorized administration for a limited purpose or period when immediate action is necessary.
- Affidavit in Lieu of Inventory
- A document a qualifying independent executor may file instead of placing the full estate inventory in the public court record.
- Four-Year Probate Rule
- Texas generally requires a will to be offered for probate within four years after death, with a statutory exception when the applicant was not in default.
- How much time do I have to probate a will?
Section 05
Inherited property & Texas real estate
The terms that come up when the estate owns a house, and when the family is ready to sell it.
- Inherited Property
- Real estate or other property received after an owner’s death through a will, Texas inheritance laws, or another valid transfer arrangement.
- What is the house I just inherited really worth?
- Estate Property Sale
- The sale of property belonging to an estate, conducted by someone with the necessary legal authority.
- Selling a probate property in Texas
- Estate-Owned Property
- Real estate that is part of an estate and may be subject to administration.
- Inherited a house: fix it up or sell it as-is?
- Affidavit of Heirship for Real Estate
- A recorded sworn statement about a deceased property owner’s family history and heirs; a title company may consider it as evidence, though it does not itself transfer title.
- Transfer on Death Deed (TODD)
- A Texas deed recorded during the owner’s lifetime directing the owner’s interest in real estate to designated beneficiaries at death.
- Estate Property Appraisal
- An opinion of a property’s value prepared by a qualified appraiser, often for estate administration or tax purposes.
- Appraisal vs. BPO vs. CMA: what an estate needs
- Estate Liens
- Legally enforceable claims or security interests that may affect estate property.
- Mortgage After Death
- A mortgage obligation that remains relevant after a borrower’s death; the loan and property rights must be addressed per law and loan terms.
- Estate Property Distribution
- The legal transfer of estate property to heirs or beneficiaries.
- Multiple-Heir Ownership
- Where two or more people inherit interests in the same property.
- Sibling disagreements during probate: how to keep the peace
- Partition Action
- A legal proceeding that can divide jointly owned property or result in a sale and division of proceeds.
- Probate Real Estate Specialist
- A real estate professional with education or experience in estate property matters; the description does not confer legal authority or an attorney license.
- Call a certified specialist before the process begins
Section 06
Financial & estate settlement terms
What the estate owes, what it owns, and the tax language that shows up at the end of the process.
- Estate Assets
- Property and financial interests belonging to an estate.
- Estate Liabilities
- Debts and financial obligations to be considered during administration.
- Solvent Estate
- An estate generally having sufficient assets to satisfy enforceable debts.
- Insolvent Estate
- An estate with insufficient assets to cover all enforceable obligations.
- Estate Expenses
- Costs of administering an estate, such as court costs, attorney fees, and necessary property expenses.
- Estate Tax
- A tax that may apply to certain large estates under federal law; Texas does not currently impose a separate state estate tax.
- Date-of-Death Value
- The value of property as of the owner’s death, often relevant for tax or estate purposes.
- Stepped-Up Basis
- A federal tax rule generally adjusting the basis of qualifying inherited property to its fair market value at death or another permitted valuation date; the adjustment can go up or down and exceptions apply.
- Nonprobate Asset
- Property that passes outside probate through a beneficiary designation, survivorship arrangement, or other legal mechanism.
Please read
General educational information only; not legal or tax advice. Consult a qualified Texas probate attorney or tax professional for guidance about your circumstances.
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