Debts, Creditors, and the Inventory in Texas Probate

One of the most stressful parts of serving as an executor is opening a stack of bills addressed to a loved one.

Am I personally responsible? Will we have to sell the house to pay these off?

Texas law provides both a structured system for paying debts and, in many cases, strong protections for the family home.

The “Pecking Order” of Debt

The Texas Estates Code requires debts to be handled in a specific order of priority (Texas Estates Code Chapter 355).

• Funeral and final illness expenses
• Costs of administering the estate
• Secured debts such as mortgages
• Unsecured debts like credit cards

The Texas Homestead Shield

Texas offers strong homestead protections that may prevent forced sale by unsecured creditors (Texas Estates Code §102.003; Texas Property Code Chapter 41).

Notifying Creditors

Executors must follow legal procedures to notify creditors (Texas Estates Code Chapters 308 & 309).

The Inventory and Appraisement

An Inventory or Affidavit in Lieu of Inventory must be filed after appointment (Texas Estates Code §309.056).

Educational Note

This article is for general educational purposes only and does not constitute legal advice.