Common Mistakes to Avoid During the Probate Process in Texas

Probate is the legal process through which a deceased person’s estate is settled. This includes paying off debts, distributing assets, and validating the will (if there is one). While probate in Texas is more streamlined than in many other states, it’s still a complex process that can become time-consuming and costly—especially if mistakes are made. Understanding the most common pitfalls can help avoid delays, disputes, and unnecessary expenses.

If you're involved in administering an estate in Central Texas, working with an experienced Austin probate lawyer can significantly reduce the risk of making costly errors. Below are some of the most common mistakes people make during the probate process in Texas—and how to avoid them.

1. Failing to File the Will Promptly

One of the most common mistakes is waiting too long to file the will. In Texas, a will must be filed for probate within four years of the decedent’s death. If the deadline passes, the estate may be treated as if no will existed, triggering intestate succession laws, which may not reflect the decedent’s wishes.

Working with an Austin probate lawyer ensures that all deadlines are met early in the process, protecting both the executor and the beneficiaries from legal complications.

2. Not Determining the Type of Probate Needed

Texas offers several forms of probate, including:

Independent administration

Dependent administration

Muniment of title

Small estate affidavit

Many people don’t realize that the probate process doesn’t always require full court supervision. For example, if there are no debts and there is a valid will, the muniment of title process may be used to transfer property without appointing an executor.

Choosing the wrong process—or not realizing a simpler route is available—can waste time and money. A qualified Austin probate lawyer can help you assess the estate and choose the most efficient path forward.

3. Mismanaging Estate Assets

Executors have a fiduciary duty to manage estate assets carefully. This includes:

Keeping detailed records

Safeguarding assets

Avoiding conflicts of interest

Not mixing personal and estate funds

One of the biggest mistakes is failing to open a separate bank account for the estate. Commingling funds or failing to track transactions can result in legal liability, disputes with heirs, and removal as executor.

An experienced probate attorney can guide you in properly inventorying and managing all estate property—from real estate and bank accounts to digital assets and personal items.

4. Ignoring Debts and Claims

Before assets can be distributed, the estate must settle any valid debts and taxes. This includes:

Credit card bills

Medical expenses

Funeral costs

IRS obligations

Executors who distribute assets prematurely without resolving outstanding liabilities could be held personally responsible. In Texas, creditors must be notified, and there is a claims process that must be followed precisely.

A local Austin probate lawyer will ensure that proper notice is given to creditors and that all claims are handled according to Texas law.

5. Failing to Communicate with Heirs and Beneficiaries

Lack of communication can turn an otherwise straightforward probate case into a contentious one. Beneficiaries are often anxious and want updates about the process and their inheritance.

Executors who withhold information, miss deadlines, or appear disorganized can unintentionally spark legal disputes. Transparency is key.

An attorney can help prepare regular updates, formal notices, and required filings, keeping everyone informed and reducing tensions among family members.

6. Overlooking Tax Obligations

Texas does not have a state estate tax, but federal estate taxes may apply to large estates. Additionally, the estate must often:

File a final income tax return for the decedent

Possibly file a fiduciary income tax return (IRS Form 1041)

Issue K-1s to beneficiaries

Failing to handle tax issues properly can result in penalties and delays in closing the estate. A probate lawyer can work with tax professionals to ensure all federal and fiduciary obligations are met.

7. Distributing Assets Too Early

One of the biggest risks for executors is distributing assets before the estate is legally ready. If debts, taxes, or other liabilities are discovered later, the executor may be forced to claw back funds from beneficiaries—or cover the shortfall personally.

Always wait until:

The court has officially appointed you as executor

Debts and taxes are paid

A full inventory of the estate is completed

The court approves the distribution plan (if required)

Your Austin probate lawyer can help you determine the right time to distribute property and draft a formal plan to submit to the court.

8. Attempting DIY Probate Without Legal Help

Probate may appear straightforward at first, especially in cases with a valid will and cooperative heirs. However, it’s easy to get tripped up by procedural missteps, legal language, or missed deadlines.

Handling probate without legal guidance can:

Delay the process

Expose you to liability

Result in invalid court filings

Create tension with beneficiaries

Hiring a knowledgeable Austin probate lawyer can give you peace of mind and ensure the estate is handled legally and efficiently from start to finish.

Conclusion: Get the Right Help Early

Probate in Texas doesn’t have to be overwhelming, but it does require careful attention to detail and a solid understanding of the law. Even small missteps can create big problems for executors, beneficiaries, and families.

If you’re starting the probate process in Travis County or anywhere in Central Texas, an Austin probate lawyer at Baker Law Group can help you avoid these common mistakes. From court filings to creditor notices to final asset distribution, we provide clear legal guidance every step of the way.