Texas Legal Notice Publication Requirements

Texas Assumed Name (DBA) Requirements

Texas Business and Commerce Code Chapter 71 governs assumed names — Texas's statutory term for what most people call a DBA (doing business as) or fictitious business name. Texas stands apart from states like California, New York, and Pennsylvania in a significant way: Texas does not require publication of an assumed name certificate in a newspaper as a condition of registration validity. The requirement is to file the assumed name certificate with the appropriate government office, not to publish it.

For unincorporated entities (sole proprietors, general partnerships, and certain joint ventures), the assumed name certificate must be filed with the county clerk in each county where the business has or intends to have a place of business, or where business will be conducted under the assumed name. For incorporated entities — corporations, LLCs, limited partnerships, and other registered entities — the assumed name certificate must be filed with the Texas Secretary of State, regardless of which counties the business operates in.

The assumed name certificate must include: the assumed name as it will be used in business, the type of entity (person, partnership, LLC, corporation, etc.), the principal office address, the name and address of each person who has an ownership interest in the business, the county or counties in which the assumed name will be used, and the period during which the assumed name will be used (not to exceed ten years). County clerk filing fees are typically $20–$35 per county. Secretary of State filing fees for incorporated entities are $25 per name.

The absence of a publication requirement makes Texas significantly simpler and less expensive than California or New York for DBA registrations. A Texas sole proprietor operating under an assumed name in Harris County pays the county clerk filing fee and is done — no newspaper contact required, no affidavit to obtain, no post-publication filing deadline to meet. This simplicity is by design: Texas's business-friendly legislative approach prioritizes ease of registration over the public notice function that drives other states' publication requirements.

That said, some Texas counties have adopted local ordinances or administrative practices that add publication or posting requirements for certain notice types. Always verify with your specific county clerk whether any local requirements exist before concluding that no publication is needed. This is particularly relevant for businesses in smaller, rural counties where local custom may differ from state law defaults.

Texas Probate Notice to Creditors

Texas Estates Code Chapter 308 governs notice to creditors in Texas probate proceedings, and unlike assumed names, Texas probate publication is a mandatory statutory requirement with real legal consequences for non-compliance. The executor or independent administrator must publish a notice to creditors in a newspaper of general circulation in the county in which the letters testamentary were granted — typically the county of the decedent's residence at the time of death.

The notice must be published once a week for two consecutive weeks. This two-publication, two-week requirement is one of the shorter probate publication windows, which benefits executors who want to move estates toward closure efficiently. The first publication triggers the running of the 4-month creditor claim period.

Texas has a distinctive additional requirement that most other states do not impose: in addition to newspaper publication, the notice must be posted at the courthouse door or on the official courthouse bulletin board of the county courthouse where the letters testamentary were granted. The executor (or the executor's attorney) is responsible for arranging courthouse posting. This dual requirement — newspaper publication and courthouse posting — means that Texas executors have two distinct notice-delivery obligations to satisfy.

The notice to creditors must contain: the name of the decedent (and any other names by which the decedent was known), the date of death, a statement that letters testamentary or of administration have been granted, the name and address of the executor or administrator, and a statement directing creditors to present their claims within the time prescribed by law. The required form and language are specified in Texas Estates Code Section 308.051.

After publication and courthouse posting, the executor must file proof of both with the probate court. This means: an affidavit from the newspaper confirming the publication dates and the text of the notice, and an affidavit from the person who arranged courthouse posting confirming the date and location of posting. Both affidavits become part of the permanent probate court file and are prerequisites to the court approving certain estate matters, including final accounting and discharge of the executor.

Texas's 4-month creditor claim period runs from the date of first publication — not from the date of the executor's appointment, and not from the date of filing proof of publication with the court. This means prompt publication is strategically important: every week the executor delays in publishing is a week added to the total time before the estate can safely distribute to beneficiaries.

Finding a Newspaper for Texas Probate Publication

Texas has no formal court adjudication process for legal newspapers comparable to California's system. Texas Estates Code Section 308.052 requires publication in "a newspaper of general circulation" in the county. In practice, county clerks and probate courts can advise on newspapers that routinely satisfy this requirement in their county.

Major Texas markets with robust legal notice sections: Dallas Morning News (Dallas County), Fort Worth Star-Telegram (Tarrant County), Houston Chronicle and Daily Court Review (Harris County), San Antonio Express-News (Bexar County), Austin American-Statesman (Travis County), and the El Paso Times (El Paso County). In smaller and rural counties, there is often a single local weekly newspaper that serves as the primary publication venue for all legal notices.

For probate notices, the Daily Court Review in Houston is specifically oriented toward the legal community and carries a high volume of Harris County probate notices. Similar specialized legal publications exist in Dallas (Dallas County Business Journal area) and San Antonio. These publications may offer competitive rates specifically calibrated for standard probate notice formats. Always get a written quote before committing to any newspaper for publication.

Texas Publication Cost Estimates

Filing Proof in Texas

After your publication run concludes, obtain the affidavit of publication from the newspaper and the courthouse posting affidavit from whoever completed that step. Both must be filed with the probate court. Keep certified copies of all filed documents in the estate's permanent records — these may be required by banks, title companies, or beneficiaries as evidence that the estate was properly administered. Use our deadline tracker to monitor Texas's 4-month creditor claim period from your first publication date, alongside your courthouse posting confirmation date.

Texas Publication FAQs