Probate refers to the act or process of proving a will in Texas legal procedures. Jurisdiction of probate courts in Texas includes probate matters and matters involving the guardianship of incapacitated persons and minors. Probate cases deal with protecting a decedents estate by appointing an Executor or Administrator. Guardianship cases deal with protecting the rights and welfare of incapacitated persons or minors by appointing a Guardian.
Types of cases handled in the Probate Department include:
- Probate of Will & Issuance of Letters Testamentary
- Probate of Will as a Muniment of Title
- Letters of Administration
- Determination of Heirship
- Guardianship of the Person and/or Estate
- Small Estate Affidavit
- Mental Health
This proceeding is filed when the decedent left no will, the estate is valued at less than $75,000 and there is no real-estate involved. An order is signed by the court approving the application or the court may request a hearing. This procedure can be done pro-se, meaning one does not need an attorney to represent them. This application is accessible at our Probate Department.
Small Estate Affidavit
Small Estate Affidavit Instructions
Probate of Will / Letters Testamentary or Letters of Administration
This proceeding is filed in order to disburse the estate of a decedent. An "Order Admitting" must be signed by the court approving the application in order to receive letters of Testamentary or Administration.