How is the best route for a civil divorce while family is still in probate.

Your best course of action is to contact an attorney who practices in the area of divorce law in or near the county where you and your husband live.That attorney can explain to you that property inherited by one spouse is that spouse's sole and separate property and is not community property.  If your husband inherited assets from his family (or really from anyone else), those assets are his sole and separate property and you have no community rights to them.You may be entitled to spousal maintenance under the Texas Family Code if you are destitute and homeless.  There are specific statutory requirements that you must satisfy, and spousal maintenance is limited in amount and duration.  You will need proof of your efforts to secure gainful employment or of any disability that prevents you from securing gainful employment.