The first priority is often gathering reliable information, protecting property, and avoiding assumptions about what probate requires.
Begin with the people and the documents
After a family member dies, it is normal to feel pressure to handle everything immediately. Some tasks are time-sensitive, but it is equally important not to make legal assumptions before the facts are known. Start by identifying the person who is safeguarding the home, papers, and other property, and by locating any original will or other estate planning documents.
Make a list of potential heirs, beneficiaries, surviving spouses, and anyone named as executor. Relationships and prior marriages can affect how Texas property passes. Preserve the documents you find rather than marking them up or relying on a photocopy when an original may exist.
Preserve property without assuming ownership
Secure the home, vehicles, and important records when you can do so lawfully. Record the location of financial accounts, insurance policies, retirement benefits, and outstanding bills. Avoid distributing personal property, changing title, or withdrawing estate funds merely because a family member believes they will inherit.
Property may transfer through a will, intestacy, survivorship, a beneficiary designation, or another arrangement. Some assets do not become part of the probate estate at all. A good asset inventory separates known facts from guesses.
Check how the major assets are titled
For real estate, gather the current deed, mortgage documents, property tax records, and any recorded transfer-on-death or survivorship paperwork. For financial accounts, ask whether beneficiaries or joint-owner survivorship arrangements exist rather than assuming every account requires a probate filing.
A surviving spouse's rights, homestead issues, creditor claims, and the difference between community and separate property can materially affect the analysis. None should be resolved by a generic online checklist.
Choose the procedure after the inventory
Texas has several pathways, including independent administration, muniment of title, determination of heirship, and, in qualifying circumstances, a small estate affidavit. These are not interchangeable. The availability of a will, debts, necessary estate business, and the kind of asset involved all matter.
For example, a court order establishing heirs may clarify inheritance rights but may not by itself empower someone to collect or administer every estate asset. The best procedure is the one that solves the actual legal problem—not simply the one with the shortest name or lowest filing cost.
Prepare for the first attorney conversation
Bring a family tree, death certificate if available, the original will if located, a basic asset-and-debt list, deeds or real-estate addresses, and any correspondence from banks or insurers. It is fine to say you do not know something yet.
You do not need to identify the correct probate procedure before contacting a probate attorney. The purpose of the first discussion is to establish the facts and decide what needs to be done next.