Texas Probate Words, in Plain English

The terms you're most likely to hear from the court and your attorney.

Executor: The person named in the will to settle the estate.
Administrator: The person the court appoints when there's no will, or the named executor can't serve.
Personal representative: The umbrella term for an executor or administrator.
Decedent: The person who died.
Application: The filing that starts probate in Texas. Other states call it a petition.
Citation: The notice the clerk posts at the courthouse before the hearing.
Letters testamentary: The court document that proves you're the executor. Banks, title companies and the county will ask for it.
Letters of administration: The same document, for an administrator.
Oath: Your sworn promise to serve faithfully, filed within 20 days of the order.
Bond: A kind of insurance some executors must buy to protect the estate. Many wills waive it.
Independent administration: The most common kind in Texas. Once qualified, you can usually act, including selling the house, without asking the court each time.
Dependent administration: The court supervises and approves major steps, like a sale.
Muniment of title: A shortcut when the estate owes no debts except those secured by real estate. The will itself works to transfer the property, and no executor is appointed.
Heirship: A court finding of who the legal heirs are when there's no will.
Small estate affidavit: A simpler process for small estates. In Texas, it generally can't transfer real estate other than the homestead.
Inventory, appraisement and list of claims: The sworn list of what the estate owns, with date-of-death values, due within 90 days of qualifying.
Affidavit in lieu of inventory: An option for some independent executors in place of filing the full inventory with the court.
Date-of-death value: What an asset was worth on the day the person died. For a house, it usually sets the heirs' starting cost basis.
Stepped-up basis: The tax rule that often resets inherited property's cost basis to its date-of-death value. Ask your CPA how it applies.
Homestead: The decedent's primary residence, which has special protections under Texas law.
Executor's deed: The deed an executor signs to sell estate real estate.
Closing the estate: The final step after debts are paid and property is distributed.

General information, not legal advice. Your attorney can tell you which of these apply to your estate.

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