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Probate

This is a guide to statutes, books, and online resources on the topic of probate of an estate.

General Information


About This Guide

Many estates will go through probate in court after a person dies. Below are some resources to help understand the laws surrounding this process. Because probate can be very complicated, it is usually necessary to contact an attorney with specific questions. Please refer to the Practice Aids tab to locate drafting guides and other practitioner-oriented resources.

Texas Laws

Probate is primarily discussed in the Texas Estates Code, which was added to be effective Jan. 1, 2014, replacing the Texas Probate Code. Some older resources may reference the Probate Code, but that information will now be found in the Estates Code. If you find these statutes difficult to understand, you may want to view the “plain English” resources on this page or speak to an attorney.

Explained in "Plain English"

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 “plain English.”

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.

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.

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.

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