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Probate Has Not Been Filed: What You Can Do Now
Practical steps to protect the property while respecting the legal boundaries that apply before appointment.
If the homeowner has died and no probate case has been opened, there are practical steps you can take to protect the property. And there are important steps that must wait until someone has legal authority. Understanding when probate is required in Texas is the first step, and the probate court will ultimately determine who has the authority to act. This page explains the difference between preserving the estate and exercising authority over it.
Important Disclaimer:
Bill Ross is a licensed Texas real estate agent, not an attorney, CPA, or title professional. This guidance is educational.
Consult a qualified probate attorney before taking any action that assumes legal authority over the estate.
What to Address Now
Locate the original will
If one exists, find the original and store it safely. Do not alter, annotate, or remove any pages. The original will must be filed with the probate court.
Identify the county
Probate is filed in the Texas county where the decedent was domiciled at death. Determine which county court has jurisdiction.
Gather documents
Collect the deed, title policy, mortgage statements, insurance policies, tax bills, bank statements, vehicle titles, and any trust or beneficiary designation documents.
Interview probate attorneys
Contact two or three Texas probate attorneys. Ask about their experience with estate property, their fee structure, and their timeline expectations. The attorney will advise on what type of administration is appropriate. For a comprehensive guide to filing for probate in Texas, see How to File for Probate in Texas on MoveToTexas.net.
Build a family and asset list
Identify all heirs, devisees, and potential claimants. List all assets and debts known to you. This information will be needed for the probate petition and inventory.
Track preservation expenses
Document every dollar you spend on the property from this point forward. Keep receipts for insurance, utilities, lawn care, repairs, and any other costs. These expenses may be reimbursable from the estate once an administrator is appointed.
Protect the property
Take reasonable steps to secure, maintain, and document the property's condition. These preservation actions are generally permissible even before appointment.
What Not to Assume or Do Yet
Do not assume the person named as executor in the will is already authorized to act.
Authority begins when the court issues Letters Testamentary.
Do not sign a listing agreement, accept an offer, or commit the property to a sale.
Do not distribute personal property or make promises to heirs about what they will receive.
Do not pay estate debts from your personal funds without understanding whether you are authorized.
Do not assume family consensus equals legal authority.
Heirs may agree, but the title company and the court will require formal documentation.
Documents to Locate
Questions to Ask the Probate Attorney
- Is probate required, or can the property pass through a nonprobate mechanism?
- What type of administration is appropriate: independent, dependent, muniment of title, or small estate affidavit?
- How long will the appointment process take?
- Can I take any action before appointment, or must I wait?
- What are the filing fees and typical attorney costs?
Decisions Likely to Come Next
Whether probate is necessary
Confirm with an attorney before assuming any path.
Who will serve as executor or administrator
The court confirms authority through appointment.
What type of administration will be used
Your attorney will recommend the appropriate path.
How to handle urgent property matters before appointment
Preservation actions are generally permissible; major decisions are not.
Related Guides
Is Probate Required?
Determine whether probate is necessary for the estate
The Probate Process
Walk through the executor's journey from authority through closing
Intestate in Texas
What happens when there is no will
The Homeowner Just Died
First steps to take immediately after a homeowner's death
Author: Bill Ross, Hill Country Homesteads Group. This content is educational and does not constitute legal, tax, or title advice. Consult a qualified Texas probate attorney, a licensed title company, and a CPA or enrolled agent before making decisions about estate property.
Bill Ross is a licensed Texas real estate agent (License #778434) and Certified Probate Expert serving Boerne, Fair Oaks Ranch, San Antonio, and the surrounding Hill Country communities. Hill Country Homesteads Group, brokered by KW Boerne. Information current as of July 19, 2026.