What Happens When Someone Dies (and You’re Suddenly in Charge)

When someone you love dies, time moves differently. There’s the emotional reality — the loss, the calls, the quiet — and then there’s the practical reality: bills, mail, legal papers, and a growing sense that someone has to take charge. Often, that someone is you.

You didn’t plan for this. You might not even know what probate really means. That’s okay. Most people don’t — until they’re standing in the middle of it.

This article is your starting point.
It won’t fix the grief, but it will make the next steps feel less like a maze and more like a map.

Step One: Take Care of the Immediate

Before you worry about courts or paperwork, focus on the essentials.

1. Secure the home and personal property.

If your loved one lived alone, ensure the home is safe and locked.
Remove perishables, secure valuables, and if there are pets, make sure they’re cared for. These aren’t legal steps — they’re human ones. They prevent unnecessary loss before you’re ready to deal with logistics.

2. Locate the will and key documents.

Look for the will, trust documents, and insurance papers.
If you can’t find them, check safety deposit boxes or ask the person’s attorney. In Texas, an original will must usually be filed with the probate court within four years of death (Texas Estates Code §256.003). It’s not urgent within hours — but don’t lose track of it either.

3. Order death certificates.

You’ll need multiple certified copies from the county clerk or funeral home — usually 5–10. Banks, insurance companies, and the probate court all require one.

Step Two: Understand What Probate Really Is

Probate gets a bad reputation. People hear it and think delay, expense, red tape.
But in truth, probate is just the legal process that confirms who is in charge and ensures debts and inheritances are handled correctly.

In Texas, that person is typically called the executor (if named in a will) or the administrator (if there’s no will). The probate court’s role is not to punish you — it’s to protect everyone involved.

Probate does three key things:

1. Validates the will (if there is one).
2. Appoints someone to manage the estate.
3. Provides a legal framework to settle debts and distribute assets fairly.

You don’t have to know all the answers on day one. You just need to know that probate exists to create order after loss.

Step Three: Determine Whether You Need to File for Probate

In Texas, not every estate requires full probate.
Some assets — like life insurance, joint bank accounts, or property held with survivorship rights — may transfer automatically.
But if the deceased owned real estate, stocks, or accounts solely in their name, probate is usually necessary.

A local probate attorney can help you determine which process applies:

• Independent Administration – the most common and simplest in Texas; minimal court supervision once appointed.
• Dependent Administration – requires ongoing court approval for each action (more oversight, but sometimes necessary).
• Small Estate Affidavit – possible if the estate is worth less than $75,000 (excluding homestead and exempt property).

Every family’s situation is different, but the first consultation should give you clarity on which path fits yours.

(For more detail, see our upcoming article: Probate Isn’t the Enemy)

Step Four: Gather Financial Information

Before the court grants you official authority, you’ll need a picture of the estate.
Start collecting:

• Bank statements
• Mortgage or loan documents
• Utility bills
• Vehicle titles
• Deeds and property tax statements
• Insurance policies

This isn’t about control; it’s about understanding what exists.
Probate runs on documentation — the more you can organize early, the smoother the process will be.

Step Five: File for Probate in the Right Court

In Texas, probate cases are handled by the county court (or statutory probate court in larger counties).
You’ll file an Application for Probate — ideally with the help of an attorney — to begin the process of proving the will and appointing an executor.

After filing, the court will schedule a brief hearing, where the executor swears an oath and receives Letters Testamentary.
These letters are the legal “keys” that let you act on behalf of the estate — closing accounts, selling property, and paying bills.

(Learn more about executor powers in our related article: Choosing an Executor (and Why It Shouldn’t Always Be Your Eldest Child))

Step Six: Balance Legal Duties and Emotional Reality

Here’s something most guides won’t tell you: probate isn’t just legal.
It’s emotional labor disguised as paperwork.

You’re often sorting through memories while handling mail addressed to someone who’s gone.
You’re closing accounts that once paid for family vacations.
You’re signing forms that make death feel real.

If you feel overwhelmed, that doesn’t mean you’re failing — it means you’re human.

Many clients tell us that once they understood what probate actually was, the anxiety dropped. The fear of the unknown is heavier than any legal step.

That’s why this series exists — to replace fear with understanding.

Step Seven: Know When to Ask for Help

Probate law in Texas is procedural, not personal.
But your experience of it will be personal.
Working with an attorney doesn’t mean giving up control — it means gaining support.

At Brown Law, we see our role as part legal guide, part translator. We walk you through the process, explain every step, and help you protect the estate and yourself.

You don’t need to know everything. You just need to know who to ask.

Closing Reflection

When someone dies, you’re not just managing assets — you’re carrying legacy, memory, and duty.
The law gives you a path forward, even when life feels paused.

Probate, done right, doesn’t add chaos — it restores order.

And that’s where we begin.

Next in the Series

➡ The Myth of a Simple Will — why “I have a will, so I’m fine” isn’t always true.
⬅ Back to The Human Side of Probate Hub — explore the full seven-part series.

FAQs

• How long does probate take in Texas?
• Do all estates have to go through probate?
• What documents do I need to start the probate process?
• Can I be held personally liable as an executor?
• What’s the difference between independent and dependent administration?