The Texas Inventory, Appraisement, and List of Claims is the sworn court filing that an executor or administrator of a Texas estate uses to disclose every probate asset the decedent owned, the fair market value of each asset on the date of death, and every claim the estate is owed by other people. It is filed with the probate court that admitted the will or appointed the personal representative under Texas Estates Code Chapter 309.
The form is the financial backbone of the entire probate case. A wrong number, a missing asset, or a late filing can trigger a citation, removal of the executor, personal liability for losses, and even contempt of court. According to the Texas Office of Court Administration’s annual report, Texas probate courts handle more than 60,000 new probate filings each year, and inventory disputes are among the top three reasons probate cases stall past the 12-month mark.
Here is what you will learn in this guide:
- 📄 What the Inventory, Appraisement, and List of Claims actually is and who must file it under Texas law
- 🗂️ Every document, account number, and valuation you need before you start typing
- ✍️ A line-by-line walkthrough of every section, box, and signature block on the form
- 👥 Three full filled-out scenarios using real Texas families with real assets
- ⚖️ The 90-day deadline, the Affidavit in Lieu of Inventory alternative, and what happens if you miss either
What the Form Is and Who Must File It
The Inventory, Appraisement, and List of Claims is a three-part sworn statement required by Texas Estates Code §309.051. Part one lists every asset the estate owns. Part two assigns a fair market value to each asset as of the date the decedent died. Part three lists every debt that other people or businesses owe to the estate.
The personal representative of the estate must file the form. That means the independent executor named in the will, the dependent administrator appointed by the court, the temporary administrator, or the muniment of title applicant in limited cases. A surviving spouse who qualifies as community administrator under Texas Estates Code Chapter 453 also files this form for the community estate.
The form serves four purposes. It tells the court what the estate is worth. It tells beneficiaries and heirs what they can expect to receive. It tells creditors what assets are available to satisfy claims. It creates a permanent public record that can be used in tax filings, title transfers, and future disputes.
Independent executors have a powerful alternative. Under §309.056, if the estate has no unpaid debts other than secured debts, taxes, and administration expenses, the executor may file an Affidavit in Lieu of Inventory instead. The affidavit keeps the asset list private and is delivered only to the beneficiaries. Dependent administrators do not have this option and must always file the full inventory in the public record.
Failure to file on time exposes the personal representative to citation, fine, removal under §361.052, and personal liability for waste. The court can also reduce or deny the executor’s commission. Marcus, an independent executor in Houston, learned this the hard way when his late filing cost him a $4,200 commission reduction.
Before You Start: Documents and Information You Need
Walking into this form without the right paperwork is the single biggest reason filers miss the 90-day deadline. Gather everything below before you open the form. The more complete your stack, the faster the form goes from blank to signed.
- Certified death certificate. You need the official date of death because every asset is valued as of that exact day. Without it, banks will not release statements and you cannot anchor your valuations.
- Letters Testamentary or Letters of Administration. These are issued by the probate clerk after qualification. Banks, brokerages, and county clerks will not give you records without them.
- The decedent’s last three years of tax returns. These returns reveal hidden assets like rental properties, partnership interests, and 1099 income from notes receivable.
- Bank and brokerage statements covering the date of death. Request the statement that includes the death date, plus the prior month and following month, so you can confirm balances did not move oddly.
- Real property deeds and most recent appraisal district notices. You need the legal description, parcel ID, and a date-of-death fair market value, not the assessed value.
- Vehicle titles and current Kelley Blue Book or NADA values. The county tax assessor will reject title transfers if the inventory value does not match a defensible valuation.
- Life insurance and retirement account beneficiary designations. Assets with named beneficiaries are usually non-probate and stay off the inventory, but you must confirm each one in writing.
- A list of debts owed to the decedent. Promissory notes, unpaid rent, personal loans, and judgments in the decedent’s favor all belong on the List of Claims.
- Business ownership documents. LLC operating agreements, partnership agreements, and stock certificates establish the percentage interest you must value.
- Safety deposit box inventory. Texas requires a witnessed inventory of the box contents, often performed by a bank officer.
If any item is missing, the consequence is direct. Aisha, an executor in Dallas, missed her father’s small brokerage account because she relied only on his checkbook. The omission triggered a supplemental inventory and a beneficiary objection that delayed distribution by seven months.
Where to Get the Form and How to Access It
There is no single statewide PDF for the Inventory, Appraisement, and List of Claims. Each Texas county probate court publishes its own version, all of which follow the structure required by Chapter 309. The Texas Judicial Branch self-help probate page links to county-specific resources.
The biggest counties post their forms directly on the probate court site. You can pull the Harris County Probate Court inventory form from the probate court’s forms library. Dallas County Probate Court publishes its own version with a local cover sheet. Travis County Probate Court posts a fillable PDF that includes county-specific instructions.
If you are represented by an attorney, the attorney’s case management system usually generates the form automatically once you enter the asset data. Pro se filers should call the probate clerk and ask which version the court accepts. Filing the wrong county’s version will get the document rejected at intake.
The form is filed electronically through eFileTexas.gov, the statewide mandatory e-filing portal for civil and probate cases. Paper filing is no longer accepted in most counties except for self-represented filers who qualify for an exemption. The revision date printed at the bottom of your form must be the most recent one your county has published, so always download a fresh copy on the day you start.
Janet, a pro se executor in Tarrant County, downloaded a 2019 form from a paralegal blog and filed it. The court rejected it because the verification language no longer matched the current statute. She lost two weeks fixing the error.
Step-by-Step: How to Fill Out the Inventory, Appraisement, and List of Claims Line by Line
The form has a caption block, a sworn introduction, three substantive parts, and a verification. Work top to bottom, finish each part fully, and never leave a box blank. If a section does not apply, write None rather than leaving white space.
Caption Block: Court, Cause Number, and Style of the Estate
This is the header of the form. It identifies the court, the case, and the decedent so the clerk can match your filing to the existing probate file.
What the field asks in plain English. Tell the court which probate court you are in, the assigned cause number, and the legal name of the estate.
How to answer it. Type the court name in all caps exactly as it appears on your Letters Testamentary, for example PROBATE COURT NUMBER ONE OF HARRIS COUNTY, TEXAS. Enter the cause number with hyphens exactly as shown on the order admitting the will. Style the estate as ESTATE OF [FULL LEGAL NAME], DECEASED.
A specific example answer. Carlos Ramirez, executor of his father’s estate, types ESTATE OF MIGUEL RAMIREZ, DECEASED and Cause No. 2026-PR-00412.
A nuance or edge case. If the decedent used a nickname or a middle initial in life, use the full legal name from the death certificate, not the nickname. The clerk indexes by legal name.
A common mistake on this field and its direct consequence. Filers copy the cause number from a draft pleading instead of the order admitting the will. The clerk’s e-filing system rejects mismatched cause numbers and the filing bounces back with no docket entry.
A misconception people hold about this field. Many filers think the caption is decorative. It is not. The caption is the only thing the clerk reads to route the document, so a typo can land your inventory in the wrong file.
Sworn Introduction Paragraph
This paragraph is the executor’s oath that the contents are true and complete. It also identifies the representative and the date of qualification.
What the field asks in plain English. State who you are, your role in the estate, and that you are filing this inventory under oath.
How to answer it. Write your full legal name, your appointment role (independent executor, dependent administrator, temporary administrator), and the date your Letters were issued. Use the format I, [FULL NAME], the duly qualified and acting Independent Executor of the Estate of [DECEDENT], do solemnly swear….
A specific example answer. I, Maria Lopez, the duly qualified and acting Independent Executor of the Estate of Robert Lopez, Deceased, do solemnly swear that the following is a true and complete Inventory, Appraisement, and List of Claims…
A nuance or edge case. If you qualified as a successor representative because the original executor died or resigned, identify yourself as Successor Independent Executor and cite the order appointing you.
A common mistake on this field and its direct consequence. Filers list themselves as Executor without the word Independent, even though the will and the order say otherwise. The court treats the omission as an admission of dependent status and may demand a bond.
A misconception people hold about this field. People think the oath language is boilerplate they can shorten. It is not. The verification under Texas Estates Code §309.051(b) requires the exact statutory phrasing, and a notary will not certify a non-conforming oath.
Part 1: Real Property Inside Texas
This is where you list every parcel of real estate inside Texas that the estate owns, in whole or in part.
What the field asks in plain English. Describe each piece of land or building, where it is, and what share of it the estate owns.
How to answer it. For each parcel, list the full legal description (lot, block, subdivision, county) from the deed, the street address, the percentage ownership interest, and the fair market value as of the date of death. Use a separate line for each parcel.
A specific example answer. Lot 14, Block 3, Westbury Section Two, Harris County, Texas, also known as 5402 Beechnut Street, Houston, Texas 77096; 100% interest; date-of-death fair market value $312,000.
A nuance or edge case. If the property is community property, list the full asset and value, then note in the description community property, one-half ($156,000) belongs to the estate. The court must see both halves to track the surviving spouse’s interest.
A common mistake on this field and its direct consequence. Filers use the appraisal district’s assessed value instead of fair market value. The two numbers can differ by 30% or more, and beneficiaries can sue the executor for breach of fiduciary duty when undervaluation costs them their share.
A misconception people hold about this field. People believe the homestead is exempt from the inventory. It is not. The homestead must still be listed and valued, even though it passes outside creditor claims under the Texas Constitution.
Part 1: Real Property Outside Texas
Real estate located in another state still belongs in the inventory, even though Texas courts cannot directly transfer the title.
What the field asks in plain English. List any land or buildings the decedent owned in any other state or country.
How to answer it. Provide the legal description, street address, state, county, ownership percentage, and date-of-death fair market value. Note that ancillary probate may be required in the other state.
A specific example answer. Lot 22, Pinehurst Estates, Pulaski County, Arkansas, 410 Magnolia Drive, Little Rock, AR 72205; 50% tenant-in-common interest; date-of-death fair market value $94,000 (estate share $47,000).
A nuance or edge case. Mineral interests in another state count as real property in Texas inventory practice if the underlying land is out of state. List the lease, the operator, and the producing well if known.
A common mistake on this field and its direct consequence. Filers omit out-of-state real estate because the Texas court cannot transfer it. The estate then loses standing to open ancillary probate quickly, and a year of property taxes can pile up.
A misconception people hold about this field. People think out-of-state property does not belong on a Texas inventory. The statute requires every asset of the estate, regardless of location.
Part 1: Cash and Bank Accounts
This sub-part captures every checking account, savings account, money market account, and certificate of deposit.
What the field asks in plain English. List each cash account by bank, account type, last four digits of the account number, and balance on the date of death.
How to answer it. Pull the official date-of-death balance letter from each bank. List the bank name, account type, account number masked to the last four digits, and the exact balance including accrued interest through the date of death.
A specific example answer. Chase Bank, Checking Account ending 4421, balance on date of death $8,217.43.
A nuance or edge case. Joint accounts with right of survivorship pass outside probate and stay off the inventory. Joint accounts without survivorship rights belong on the inventory at the decedent’s contribution share, which often requires bank records to establish.
A common mistake on this field and its direct consequence. Filers list the current balance instead of the date-of-death balance. The discrepancy invites a beneficiary objection and a court order to re-file with corrected numbers.
A misconception people hold about this field. People assume a Payable-on-Death (POD) account belongs on the inventory because the decedent owned it. It does not. POD accounts pass directly to the named beneficiary under Texas Estates Code Chapter 113.
Part 1: Stocks, Bonds, and Brokerage Accounts
Investments require the most careful valuation because prices move daily.
What the field asks in plain English. List every share, bond, mutual fund, ETF, and brokerage account the estate owns and what each was worth on the date of death.
How to answer it. Request a date-of-death valuation letter from each brokerage. For publicly traded shares, use the mean between the high and low trading price on the date of death, per IRS Regulation §20.2031-2. List ticker, share count, per-share value, and total value.
A specific example answer. Fidelity Brokerage Account ending 7782: 142 shares of Apple Inc. (AAPL) at $187.45 mean price = $26,617.90; 50 shares of Vanguard Total Stock Market ETF (VTI) at $238.10 mean price = $11,905.00.
A nuance or edge case. If the date of death falls on a weekend or holiday, average the mean prices of the trading day before and the trading day after. The IRS uses the same rule and so does the Texas probate court.
A common mistake on this field and its direct consequence. Filers use the closing price instead of the high-low mean. The error inflates or deflates the estate value and triggers re-filing if a beneficiary catches it.
A misconception people hold about this field. People think IRAs and 401(k)s belong on the brokerage list. They do not, unless the beneficiary designation is the estate itself or no beneficiary was named.
Part 1: Personal Property and Household Goods
This sub-part captures vehicles, jewelry, furniture, art, collectibles, firearms, and livestock.
What the field asks in plain English. List anything tangible the decedent owned that is not real estate, money, or investments.
How to answer it. Use category groupings for low-value items (household furniture and furnishings, $4,500) and itemize anything worth more than $500 individually. Use VIN numbers for vehicles and serial numbers for firearms.
A specific example answer. 2018 Toyota Camry, VIN 4T1B11HK5JU123456, 78,000 miles, NADA clean retail $14,250; diamond solitaire ring, GIA report 6182447391, appraised value $6,800; household goods and furnishings $5,200.
A nuance or edge case. Firearms must be transferred according to federal law and may require an ATF Form 5320.4 for NFA items. Note any restricted weapon separately.
A common mistake on this field and its direct consequence. Filers list household goods at original purchase price instead of fair market value. Probate court requires garage-sale or replacement-value comps, and inflated numbers can trigger inheritance disputes.
A misconception people hold about this field. People think they need a professional appraisal for every chair and lamp. Texas allows a reasonable good-faith estimate from the executor for ordinary household items.
Part 1: Business Interests
Closely held business interests are the most contested asset class on Texas inventories.
What the field asks in plain English. List every share, membership interest, or partnership interest in a business that is not publicly traded.
How to answer it. Identify the entity name, state of formation, ownership percentage, and date-of-death fair market value supported by a written valuation. Reference the operating agreement or partnership agreement if the value is set by buy-sell formula.
A specific example answer. Lopez Roofing, LLC, a Texas limited liability company, 50% membership interest; valuation per buy-sell agreement formula = $185,000; supporting valuation by Smith CPA, dated April 12, 2026.
A nuance or edge case. If the buy-sell agreement requires the entity to redeem the interest at a fixed price, the inventory value is the redemption price, not the fair market value of the underlying assets.
A common mistake on this field and its direct consequence. Filers list a business at book value instead of fair market value. Beneficiaries can demand a court-ordered appraisal under §309.001 and shift the cost back to the executor personally.
A misconception people hold about this field. People think the IRS valuation discount rules (lack of marketability, minority interest) automatically apply on the Texas inventory. They do not. Texas inventory uses fair market value before discounts unless a buy-sell sets the price.
Part 1: Mineral Interests, Royalties, and Oil and Gas
Texas estates often include mineral interests that are easy to miss.
What the field asks in plain English. List every oil, gas, mineral, royalty, and overriding royalty interest the decedent owned.
How to answer it. Pull the most recent division order from each operator. List the operator, lease name, county, decimal interest, and date-of-death value based on a 36-month average royalty stream multiplied by an industry factor (commonly 3x to 5x annual income).
A specific example answer. EOG Resources, Eagle Ford Smith #1H, Karnes County, 0.00187500 royalty interest, prior 12-month royalty income $4,212, capitalized value $14,742.
A nuance or edge case. Non-producing minerals still have value. Use a comparable-sale approach from a Texas land broker or a recent lease bonus to set the value.
A common mistake on this field and its direct consequence. Filers omit non-producing minerals because no royalty checks are arriving. The estate then cannot lease the minerals to a new operator, and a future bonus payment may bypass the heirs.
A misconception people hold about this field. People believe royalty income after death belongs on the inventory. It does not. Only the underlying interest belongs there. Post-death income is an estate receipt, not an inventory asset.
Part 1: Life Insurance and Retirement Accounts Payable to the Estate
These assets are usually non-probate, but with a critical exception.
What the field asks in plain English. List any life insurance, IRA, 401(k), or annuity that names the estate as beneficiary or has no living beneficiary.
How to answer it. Identify the carrier, policy or account number masked to the last four digits, and the death benefit or account balance payable to the estate.
A specific example answer. Northwestern Mutual Life Insurance Policy ending 9921, beneficiary Estate of Robert Lopez, death benefit $250,000.
A nuance or edge case. If the named beneficiary predeceased the decedent and no contingent beneficiary exists, the proceeds default to the estate and must be listed.
A common mistake on this field and its direct consequence. Filers list every life insurance policy on the inventory regardless of beneficiary. That improperly includes private assets in the public record and can expose the proceeds to creditor claims they would have escaped.
A misconception people hold about this field. People think a 401(k) is always non-probate. It is, except when the beneficiary form is blank or all named beneficiaries died first.
Part 2: The Appraisement Column
The appraisement is the value column that runs alongside every asset.
What the field asks in plain English. State what each asset was worth in dollars on the day the decedent died.
How to answer it. Use fair market value, defined as the price a willing buyer would pay a willing seller, with neither under compulsion. Round to the nearest dollar. Show the total at the bottom of each sub-part.
A specific example answer. Real property: $312,000. Cash: $8,217.43. Brokerage: $38,522.90. Personal property: $26,250. Total appraisement: $384,990.33.
A nuance or edge case. If the court appointed an appraiser under §309.001, the appraiser must sign the appraisement and the executor cannot override the appraised values.
A common mistake on this field and its direct consequence. Filers use insurance replacement value instead of fair market value. Replacement value almost always overstates the asset and can inflate estate tax exposure.
A misconception people hold about this field. People think a Zillow or Redfin estimate is a valid appraisal. It is not. Texas probate courts expect a licensed Texas appraiser report or a comparative market analysis from a licensed Texas real estate broker.
Part 3: List of Claims Owed to the Estate
This is the section filers misread most often.
What the field asks in plain English. List every debt that other people owe to the estate, not the debts the estate owes to others.
How to answer it. Identify each debtor by full legal name and address, the nature of the debt (promissory note, judgment, unpaid rent, personal loan), the original principal, the unpaid balance on the date of death, and the date the debt is due.
A specific example answer. Promissory note from Daniel Lopez (brother), dated 06/15/2022, original principal $20,000, unpaid balance on date of death $12,800, due 06/15/2027, 4% interest, secured by 2019 Ford F-150 VIN 1FTEW1EP1KFA12345.
A nuance or edge case. Statute-barred claims (past the four-year Texas limitations period under Civil Practice & Remedies Code §16.004) still get listed but are flagged as potentially unenforceable.
A common mistake on this field and its direct consequence. Filers list the estate’s debts here. That mistake forfeits creditor protections and can be treated as an admission of liability the estate did not legally owe.
A misconception people hold about this field. People think uncollectible debts can be left off. They cannot. List them and note uncollectible with the reason. Removing them later requires court approval.
Verification, Notarization, and Signature Block
The final block converts the document into a sworn statement.
What the field asks in plain English. Sign the inventory in front of a notary and have the notary certify your oath.
How to answer it. Sign your full legal name in blue or black ink. Print your name underneath. The notary completes the jurat with the date, county, and seal.
A specific example answer. Signed this 14th day of May, 2026, by Maria Lopez, Independent Executor. Notarized by Anna Cruz, Texas Notary ID 132445678, commission expires 09/12/2028.
A nuance or edge case. Texas now allows remote online notarization (RON) under Texas Government Code Chapter 406. The jurat must include the words remote online notarization.
A common mistake on this field and its direct consequence. Filers print and sign but forget the notary. An unverified inventory is not a valid filing under §309.051(b) and the 90-day clock keeps running.
A misconception people hold about this field. People think their attorney can sign for them. The personal representative must sign personally because the oath is personal to the fiduciary.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Lopez, Independent Executor of a Modest Estate
Maria’s father left a paid-off home, one bank account, a Toyota, and a small life insurance policy with her named as beneficiary.
| Form Section | What Maria Enters |
|---|---|
| Caption | ESTATE OF ROBERT LOPEZ, DECEASED, Cause No. 2026-PR-00118, Probate Court No. 2 of Harris County, Texas |
| Sworn Introduction | I, Maria Lopez, duly qualified Independent Executor… |
| Real Property in Texas | 5402 Beechnut St, Houston, Lot 14 Block 3 Westbury Sec 2, FMV $312,000 |
| Cash | Chase Checking ending 4421, $8,217.43 |
| Brokerage | None |
| Personal Property | 2018 Toyota Camry VIN 4T1B11HK5JU123456 NADA $14,250; household goods $5,200 |
| Business Interests | None |
| Life Insurance to Estate | None — policy paid to Maria Lopez directly |
| Total Appraisement | $339,667.43 |
| List of Claims | None |
| Verification | Signed and notarized 05/14/2026 |
Scenario 2: Carlos Ramirez, Independent Executor of a Larger Estate with Business Interest
Carlos’s father owned a roofing LLC, a brokerage account, two homes, and held a promissory note from a former business partner.
| Form Section | What Carlos Enters |
|---|---|
| Caption | ESTATE OF MIGUEL RAMIREZ, DECEASED, Cause No. 2026-PR-00412 |
| Sworn Introduction | I, Carlos Ramirez, duly qualified Independent Executor… |
| Real Property in Texas | Primary residence 1812 Heights Blvd, Houston FMV $585,000; rental 2104 Studewood St FMV $410,000 |
| Cash | Wells Fargo Checking ending 7211 $22,415; Wells Fargo Savings ending 8842 $84,200 |
| Brokerage | Schwab account ending 9981, total date-of-death value $612,440 |
| Personal Property | 2022 Ford F-250 VIN 1FT8W3DT5NEC54321 NADA $48,200; tools and equipment $12,000; household goods $18,500 |
| Business Interests | Lopez Roofing LLC 50% membership interest, buy-sell value $185,000 |
| Total Appraisement | $1,977,755 |
| List of Claims | Promissory note from Daniel Lopez, principal $20,000, unpaid balance $12,800, due 06/15/2027 |
| Verification | Signed and notarized 04/22/2026 |
Scenario 3: Janet Whitfield, Surviving Spouse and Independent Executor with Community Property
Janet’s husband died after a 28-year marriage. Most assets are community property. She must show both halves.
| Form Section | What Janet Enters |
|---|---|
| Caption | ESTATE OF DAVID WHITFIELD, DECEASED, Cause No. 2026-PR-00731, Tarrant County |
| Sworn Introduction | I, Janet Whitfield, duly qualified Independent Executor… |
| Real Property in Texas | 4711 Oakmont Lane, Fort Worth, community property, total FMV $498,000, estate share $249,000 |
| Cash | Frost Bank Joint Checking ending 6612, $32,400 community, estate share $16,200 |
| Brokerage | Vanguard Joint Account ending 4423, $284,000 community, estate share $142,000 |
| Personal Property | 2021 Subaru Outback VIN JF2GTAMC8M1234567 NADA $24,800 community, estate share $12,400; household goods $22,000 community, estate share $11,000 |
| Separate Property | Inherited mineral interests, Karnes County, royalty 0.00187500, value $14,742, 100% estate |
| Business Interests | None |
| Total Appraisement | $445,342 (estate share) |
| List of Claims | None |
| Verification | Signed and notarized 06/01/2026 |
How to File the Completed Form
E-filing is mandatory for represented parties and strongly preferred for pro se filers in most counties. Use the eFileTexas.gov portal to upload the signed and notarized PDF. Select the document type Inventory, Appraisement, and List of Claims from the dropdown and link it to your existing cause number.
The filing fee varies by county. Harris County charges no separate filing fee for the inventory itself, but a $2 e-file convenience fee and a credit card processing fee apply. Travis and Dallas Counties operate the same way. Always confirm with your county clerk because fee schedules change.
Mail and in-person filing remain available for self-represented filers who cannot afford or access e-filing. Mail to the probate clerk’s office at the address listed on your Letters Testamentary, with a self-addressed stamped envelope so the clerk can mail you a file-stamped copy. Walk-in filers should bring two copies, one for the file and one to be stamped and returned.
Processing time on e-filed inventories is typically two to five business days for clerk review. Once accepted, the document is docketed and visible to all parties in the case. Keep your file-stamped copy and the eFileTexas envelope receipt as proof of filing.
If you are filing the Affidavit in Lieu of Inventory instead, you still e-file the affidavit with the court but you do not file the asset list publicly. You must deliver the actual inventory privately to every estate beneficiary by certified mail with return receipt requested. Keep those green cards forever.
What Happens After You File
Once the inventory is on file, the probate judge reviews it for facial completeness. Most courts approve the inventory by a docket-control order within 10 to 20 days if no objection is filed. The order approving the inventory becomes part of the permanent court record.
Beneficiaries and creditors have a right to object. Under §309.103, an interested person may file a written complaint that an asset is missing, undervalued, or misclassified. The court can order a re-appraisal, appoint a special appraiser, or surcharge the executor.
If you discover an asset after filing, you must file a Supplemental Inventory under §309.052. The supplement uses the same form structure and the same oath. There is no penalty for filing a supplement promptly, but failing to file one when you know of a missed asset is a breach of fiduciary duty.
The inventory is also the launching pad for tax filings. Federal Form 706 (estate tax) uses the inventory values as the starting point for Schedule A through Schedule I. The Texas Comptroller does not impose a state estate tax, but inheritance and partition disputes routinely cite the inventory as evidence.
Mistakes to Avoid When Filling Out the Form
- Missing the 90-day deadline. Filing late triggers citation, potential removal, and personal liability under §361.052.
- Listing non-probate assets. Putting a POD account or jointly held survivorship asset on the inventory wrongly exposes it to creditor claims and confuses heirs.
- Using assessed value instead of fair market value. Beneficiaries can sue for the difference, and the executor pays personally.
- Forgetting community property labeling. Failing to mark community vs. separate property muddles the surviving spouse’s share and invites a partition suit.
- Listing debts the estate owes on the List of Claims. That section is for debts owed to the estate. Mixing them up creates a damaging admission.
- Skipping the notary. An unsworn inventory is not a valid filing and the 90-day clock keeps running.
- Filing the wrong county’s form. Each county has local cover sheets; the wrong template gets rejected at intake.
- Using closing price instead of high-low mean for stocks. The IRS and Texas courts both require the mean.
- Omitting out-of-state real estate. It still belongs on the Texas inventory even though title transfers happen in another state.
- Missing royalty and mineral interests. These are easy to overlook because checks may be small or paused.
- Failing to deliver the Affidavit in Lieu privately to beneficiaries. The affidavit only works if every beneficiary gets the actual asset list.
- Forgetting to file a supplemental inventory. Discovery of new assets requires immediate disclosure.
Do’s and Don’ts
- Do download a fresh form from your specific county’s probate court site the day you start, because revision dates change frequently.
- Do request date-of-death balance letters from every bank and brokerage in writing, because verbal numbers do not survive a beneficiary objection.
- Do itemize anything worth more than $500, because lump-sum entries invite challenge.
- Do use the high-low mean for publicly traded stocks, because it matches IRS valuation rules.
- Do mark community property clearly on each line, because the surviving spouse’s half stays out of probate.
- Do file a supplemental inventory the moment you discover a missed asset, because delay equals breach.
- Don’t list your own personal debts to the decedent off the books, because failing to disclose them is self-dealing.
- Don’t use Zillow estimates for real estate, because Texas courts expect licensed appraisals or broker market analyses.
- Don’t file before all assets are confirmed, because a hasty filing creates a paper trail of errors.
- Don’t sign without the notary present, because a defective oath voids the filing.
- Don’t include life insurance with named living beneficiaries, because that creates needless creditor exposure.
- Don’t forget to send the file-stamped copy to every beneficiary, because the law presumes they want notice.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se:
- Lower out-of-pocket cost, because attorney fees on probate inventories run $1,500 to $5,000.
- Faster turnaround if you already have organized records, because no third-party scheduling delays apply.
- Direct knowledge of family assets, because executors often know more about heirlooms and minerals than any outsider.
- Full control over timing, because you do not wait on a law firm’s docket.
- A learning curve that helps with future fiduciary roles, because executors often serve again for other relatives.
Cons of filing pro se:
- High risk of valuation errors, because pricing closely held businesses requires expertise.
- Personal liability for breach of fiduciary duty, because the executor is on the hook even for honest mistakes.
- No malpractice insurance to backstop you, because attorneys carry coverage and lay executors do not.
- Heavier emotional load, because grieving while doing forensic accounting is exhausting.
- Greater chance of objections, because beneficiaries scrutinize pro se filings more closely.
Affidavit in Lieu vs. Full Inventory:
| Feature | Affidavit in Lieu | Full Inventory |
|---|---|---|
| Available to | Independent executors only | All personal representatives |
| Public record | No (privately delivered to beneficiaries) | Yes (full court record) |
| Debt requirement | No unpaid debts (other than secured, taxes, admin) | Any estate qualifies |
| Statute | §309.056 | §309.051 |
| Deadline | 90 days from qualification | 90 days from qualification |
| Notarization | Required | Required |
| Beneficiary delivery | Mandatory by certified mail | Optional but customary |
| Court approval | None required | Judge typically approves by order |
FAQs
Do I have to file the Inventory within 90 days of qualifying?
Yes. Texas Estates Code §309.051 requires filing within 90 days of qualification unless the court grants an extension on a showing of good cause filed before the deadline.
Can I file an Affidavit in Lieu of Inventory if the estate has unpaid credit cards?
No. Unsecured debts disqualify the estate from the affidavit option. You must file the full inventory unless you pay or settle those debts before filing.
Do I list the homestead on the inventory even though it is exempt from creditors?
Yes. The homestead must be listed and valued. Its creditor exemption is separate from the disclosure requirement under §309.051.
Should I list a Payable-on-Death bank account on the inventory?
No. POD accounts pass directly to the named beneficiary under Chapter 113 and are not probate assets, so they stay off the form.
Do I write the appraisal district value or the fair market value in the value column?
No to assessed value. Use the date-of-death fair market value from a licensed appraisal or broker comparative market analysis.
Should joint accounts with right of survivorship appear on the inventory?
No. Survivorship accounts pass to the joint owner outside probate and are not estate assets.
Do I list debts the decedent owed on the List of Claims?
No. The List of Claims is only for debts owed to the estate. Debts the estate owes are handled through the creditor claims process.
Can I sign the inventory without a notary?
No. The verification under §309.051(b) requires a sworn oath before a notary or officer authorized to administer oaths.
Do I need to use the closing stock price on the date of death?
No. Use the mean of the high and low trading prices, matching IRS Regulation §20.2031-2 and Texas probate practice.
Should I include life insurance proceeds payable to a named living beneficiary?
No. Those proceeds bypass the estate and are not inventory assets unless the beneficiary is the estate or no living beneficiary exists.
Do I list out-of-state real property on a Texas inventory?
Yes. Every asset of the estate belongs on the inventory, regardless of where it is located.
Should I file a supplemental inventory if I find a forgotten bank account?
Yes. Section 309.052 requires a supplemental inventory whenever new assets or claims come to light after the original filing.
Do I have to deliver a copy of the inventory to every beneficiary?
Yes for the Affidavit in Lieu route. Full inventories filed with the court are public, and most executors still deliver a courtesy copy to each beneficiary.
Can my attorney sign the inventory on my behalf?
No. The personal representative must sign personally because the oath is a fiduciary’s personal sworn statement.
Related reading
- How to Fill Out Illinois Inventory of Estate (w/Examples) + FAQs
- How to Fill Out Texas Application to Probate Will (w/Examples) + FAQs
- How to Fill Out Texas Muniment of Title Application (w/Examples) + FAQs
- How to Fill Out the Oklahoma Inventory and Appraisement of the Estate (+ FAQs)
- How to Fill Out Idaho Inventory and Appraisement of the Estate + FAQs
- How to Fill Out the Maine Probate Inventory and Appraisement of the Estate (Form DE-405) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs