General Information

About This Guide

Many estates will go through the probate process after a person dies. This guide provides general information and resources about the process in Texas. Because the probate process can be complicated, it is usually necessary to contact an attorney with specific questions. Please consult our Legal Help research guide if you need assistance finding an attorney.

Please refer to the Practice Aids tab to locate drafting guides and other practitioner-oriented resources.

Texas Laws

Texas probate process is primarily governed by the Texas Estates Code. It replaced the former Texas Probate Code on Jan. 1, 2014. Some older resources may still reference the Probate Code, but that information will now be found in the Estates Code.

Texas Estates Code
Law related to estate administration, probate, wills, intestate succession, guardianship, and durable powers of attorney.

Understanding the Law

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.

General Information

Handling an Estate (TexasLawHelp.org)
This article discusses some different methods for handling an estate—the property owned and debt held by a person—in Texas.
Texas Probate: An Overview (NOLO)
This article gives a brief overview of the different types of probate administration and property transfer procedures in Texas.
Texas Probate Passport (Texas Young Lawyers Association)
A guide to probate and estate planning in Texas.
Probate a Will (County of Bexar Probate Courts)
Information about whether you need an attorney; the probate process; and alternatives for when there is no will.

The Probate Process

Texas Probate Guide (Forbes & Forbes)
This article includes an infographic that breaks down the probate process into eight easy-to-understand steps.
What Does It Mean To Be An Executor In A Will? [Video] (Austin Bar Association)
From the People's Law School Estate and Probate Video series.
Demanding An Accounting From An Executor (Texas Probate Litigation)
You may have the right to request information about an independent executor's handling of the estate.

Pro-Se Representation (Without an Attorney)

Pro Se Executors - Unauthorized Practice of Law, or Not?
This article from 2010 describes the "well-known and continuing split" among Texas’ probate courts as to whether or not to allow individuals to represent themselves when executing a will. Note: This article was written prior to the enactment of the Estates Code. The Probate Code has since been repealed and replaced with the Estates Code.
Travis County Court Policy Regarding Pro Se Applicants
The Travis County Probate Court answers frequently asked questions about probate in Texas.

Contesting a Will

Can You Contest a Will? (Forbes & Forbes)
Discusses four legal reasons that can lead to valid will contest.
Will Contests Under Texas Law (Dallas Probate Attorneys)
Information about what is needed to successfully contest a will in Texas.
Family Settlement Agreements [Video] (Texas Probate Litigation)
In Texas, estate disputes such as will contests are often resolved through family settlement agreements.

When There Is No Will

Probating an Estate Without a Will (TexasLawHelp.org)
Learn what assets and debts can be distributed without going to court. Probate may still be necessary depending on the estate's size and type of property and debt.
How an Estate Is Settled If There's No Will: Intestate Succession (NOLO)
State laws control who inherits property if no will exists. Learn the general guidelines.
Where There's No Will... (Texas A&M University Real Estate Center)
Texas law on the distribution of property when there is no will.
I want to use a Small Estate Affidavit to probate an estate (TexasLawHelp.org)
How to transfer a modest estate if someone died, left no will, and had only a homestead occupied by the deceased and their survivor(s).
Applications to Determine Heirship (TexasLawHelp.org)
An “application to determine heirship” is a proceeding in which a court determines who the heirs are and who gets the property. Learn when an application to determine heirship is an option, who can apply, and how the process works.

Additional Resources

What to Do if a Family Member, Friend, or Loved One Dies Without a Will (Texas Young Lawyers Association)
This guide contains a checklist and other information about what to do if a parent, sibling, child, friend, or other loved one passes way unexpectedly and/or without a will.
What Do I Do When There Is A Death In My Family? [Video] (Austin Bar Association)
From the People's Law School Estate and Probate Video series.

Forms

Below are links to free forms available from Texas organizations. Many forms are not available online and you may need to consult print resources or subscription databases available in your law library. You may also want to contact the clerk of your probate court to inquire about the availability of specific forms for your county.

Affidavits of Heirship

How to Draft an Affidavit of Heirship
Created by the Earl Carl Institute for Legal and Social Policy, Inc. at Texas Southern University, provided by TexasLawHelp.org.
Affidavit of Heirship for a Motor Vehicle [PDF] (Texas Department of Motor Vehicles)
Transfer a deceased person's motor vehicle to their heirs.
Affidavit of Heirship forms (Texas Unclaimed Property)
Forms provided by the division of the Texas Comptroller.

Small Estate Affidavits

Small Estate Affidavit (TexasLawHelp.org)
Transfer property to a deceased person’s heirs.

E-Books Available from the Texas State Law Library

These e-books contain information on probate. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free.

Texas probate forms & procedures [electronic resource]
This book breaks down Texas law as it applies to various steps in the probate process. Sample forms are also provided throughout.
Texas probate, estate, and trust administration [electronic resource]
This set provides coverage of every aspect of probate law and estate and trust administration in Texas. It includes sample forms and letters, procedural checklists, lists of source materials, charts and diagrams, tables of statutes, rules and regulations, and a quick reference index.
The executor's guide : settling a loved one's estate or trust [electronic resource]
After a loved one has died, many people find themselves responsible for settling the deceased's affairs with little or no previous experience. This book provides easy-to-follow steps on how to transfer property, probate a will, claim life insurance, and more.
8 ways to avoid probate [electronic resource]
Many people would like to spare their loved ones the hassle and expense of probating a will. This title, recently updated with the latest estate laws and gift tax rules, discusses several effective ways to skip the probate process.

Books at the Texas State Law Library

These print books at the Texas State Law Library contain information on probate. If you are not able to visit the Library in Austin, these books might be available at a law library near you or a public library near you.

O'Connor's Texas probate law handbook [print book]
This title explains probate law — wills, intestate succession, various types of administration, will contests, and probate alternatives — with references to statutes, court rules, and case law.
O'Connor's Texas probate forms [print book]
This exhaustive collection from Mickey Davis, an authority on Texas probate law, provides applications, responses, orders, agreements, and other probate forms that can be tailored to any estate.

Who Can I Contact?

Legal Hotline for Texans
Per their website, "For over 20 years, the Legal Hotline for Texans has given free legal advice, self-help publications, and referrals to Texans over the age of 60 and Texans who receive Medicare."

Office of Court Administration Directory This link opens in a new window
This website from the Office of Court Administration displays contact information for courts including county courts and probate courts. If you have questions about particular probate proceedings or need to request copies of court documents, please contact the clerk of the court who handled these proceedings.