Each individual has a lifetime exemption from both estate tax and gift tax (see below). This exemption is the value of assets you can give away, throughout your life and after your death, without being subject to federal estate tax. For 2025, this exemption is $13.99 million per person (up from $13.61 million in 2024).
Fortunately, Texas does not have an estate tax. This means a tax return does not need to be filed with the state. However, estates may still be subject to federal estate tax. The federal estate tax is based on the value of the estate at the time of the owner's death.
In Texas, executors don't have a legal obligation to probate a will. If they choose not to, they (or another person who has the will) must surrender it to the court clerk.
General Requirement: Any U.S. citizen or resident who makes a gift exceeding the annual exclusion amount must file Form 709. This includes gifts of future interests, which are not subject to the annual exclusion. Special Cases: Nonresident aliens must also file if the transfer is subject to U.S. gift tax laws.
This code indicates that Form 706, which is used to determine the amount of the estate tax, has been accepted as filed and an examination has been concluded.
The Gift Tax Return (Form 709) and the Estate Tax Return (Form 706) document your estate planning and provide the “Paper Trail” for the IRS and state departments of revenue. Most of the estate planning techniques must be reported on these tax returns.
The Gift Tax Return (Form 709) and the Estate Tax Return (Form 706) document your estate planning and provide the “Paper Trail” for the IRS and state departments of revenue. Most of the estate planning techniques must be reported on these tax returns.
The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
To contact the County Clerk's Probate Department, please call 210-335-2241. To search for court records please visit the Bexar County Odyssey Portal.
Ordinarily, an application to probate a will must be filed within four (4) years of the date of death of the decedent. Also, under normal circumstances, letters testamentary or letters of administration cannot be authorized more than four (4) years after the date of death of the decedent.