Several types of probate are available when a person dies depending on whether they have a will or not.
If the Decedent **did **have a Will:
- Probate of a Will and Appointment of an Independent or Dependent Executor.
- Probate of a Will and Appointment of an Independent or Dependent ***Administrator ***with Will Annexed.
- Probate of a Will as a Muniment of Title.
- Probate of Will and Order of No Administration.
If the Decedent **did not **have a will (Intestate)
- Small Estate Affidavit.
- Declaration of Heirship.
- Affidavit of Heirship.
- Family Settlement Agreements.
Which procedure to choose will be a decision that the family makes in consultation with the estate attorney who is going to handle the probate.
**By **Robert Ray a Texas inheritance attorney.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.