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 “Understanding the Law” resources on this page or speak to an attorney.

Texas Estates Code

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.

Handling an Estate
This article describes the tools available under Texas law for handling the property and debt left after a person dies.
Probate a Will
The Bexar County Probate Court answers the question of whether a will can be probated without an attorney (see "Attorney Information" in the first paragraph of the link) and provides additional information regarding the probate process.
Probating an Estate Without a Will
This article discusses which categories of a deceased person's property and debt can be distributed without the survivors having to go to court.
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 The Probate Code has since been repealed and replaced with the Estates Code.
Texas Probate Guide
This article, authored by Forbes & Forbes Law, includes an infographic that breaks down the probate process into eight easy-to-understand steps.
Texas Probate Passport: A Guide to Probate and Estate Planning in Texas
This publication prepared by the Texas Young Lawyers Association "seeks to make Texas residents aware of how the law (the Texas Estates Code) affects them and their families."
Texas Probate: An Overview
This article from Nolo gives a brief overview of the different types of probate administration and transfer procedures in Texas.
Travis County Court Policy Regarding Pro Se Applicants
The Travis County Probate Court answers frequently asked questions about probate in Texas.
Where There's No Will...
Judon Fambrough, of the TAMU Real Estate Center, wrote this article to explain the basic requirements of a will and how Texas law determines what happens to your property if you don't have a will. The article originally appeared in the January 2013 edition of Tierra Grande.
Wills and Estates (TexasLawHelp.org)
Texas Law Help links to a variety of free resources on the topic of wills and probate. They also offer LiveHelp chat assistance on the right side of the page.

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.

Affidavit of Heirship for a Motor Vehicle (Texas Department of Motor Vehicles)
Transfer a deceased person's motor vehicle to their heirs.
Affidavit of Heirship
Provided by the Texas Comptroller.
Applications to Determine Heirship
Prepared by the University of Houston Law Center. This Q&A article describes applications to determine heirs, filed in probate court.
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.
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.

How to probate and settle an estate in Texas [print book]

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.