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Table of Contents

Probate is the court process of administering a deceased person’s estate after their death. Texas operates a complex probate system due to its size and diverse county structures. Some counties operate statutory probate courts, while others assign probate cases to county courts at law or district courts. To understand how probate works in Texas and know how to search probate records, it is important to learn about the types of courts handling probate cases at the county level and the costs associated with obtaining records.

How the Probate Process Works in Texas

Probate begins when a party named in the will or an interested party files an application in the appropriate court of the county where the decedent lived. The way a probate matter is handled is dependent on whether the deceased left a will or not. If the deceased left a will, the court holds a hearing to validate the will and appoint the executor. If there is no will, the court appoints an administrator.

Texas recognizes independent administration and dependent administration. In independent administration, the executor manages the estate with minimal court supervision. However, in dependent administration, court approval is required for most actions. Independent administration is common and significantly reduces timelines. This type of probate is completed within 6 and 12 months, while dependent administration can take longer.

What Are the Costs of Probate in Texas?

Probate costs in Texas are influenced by filing fees, attorney fees, executor compensation, and administrative expenses. Depending on the county, interested parties can expect to pay between $250 and $400 as a filing fee. Most attorneys bill hourly, while others charge flat rates. Some counties in Texas provide guidelines for attorney fees.

Executors are entitled to a commission of 5% of receipts and disbursements. Additional expenses include notice publications, appraisals, and certified copies. Independent administration generally has lower overall costs than dependent administration.

Types of Probate Cases in Texas

Texas law provides for several probate procedures, including the following:

  • Testate Probate: Testate probate applies if the decedent left a valid will.
  • Intestate Probate: This process is used when the deceased has no will. The court distributes property in accordance with state law.
  • Independent Administration: Independent Administration is a procedure that allows an executor to operate with little court supervision.
  • Dependent Administration: Dependent administration is a procedure that requires court approval for estate actions. It is used in disputes or complex cases.
  • Muniment of Title: This is a simple process used when there is a valid will, no unpaid debts, and no need for administration.
  • Small Estate Affidavit: This process is ideal for estates valued under $75,000 (excluding homestead and exempt property) and may bypass probate.

Texas Probate Court Forms and Filing Instructions

Probate forms are available on the Texas Judicial Branch website and local county court websites. Although the probate process is uniform across the state, filing procedures and requirements may vary slightly by county. Therefore, petitioners are advised to confirm requirements with the local probate clerk before filing.

How Texas Probate Courts Work at the County Level

Each of Texas’ 254 counties handles probate differently. Counties with many residents often maintain statutory probate courts, while smaller ones assign probate cases to county or district courts. Listed below are the ten most populous counties and their probate courts:

How to Search Probate Records in Texas

Probate records are available at the County Clerk’s Office in each county. Many large counties, including Harris, Dallas, and Tarrant, provide online record search tools. However, smaller counties may require you to submit requests for probate records in person. You can obtain certified copies of probate records for a fee. Note that sealed or confidential cases are restricted from public viewing.

Table of Contents

Court Case Types