| Q: |
Where do you probate? |
| A: |
You should probate a will in the county where you live. Here are several ways to probate:
Application to Probate will for Letters Testamentary
Muniment of Title
Determination of Heirship
Administration
Small Estates
An application to probate is filed in the County Clerk's office along with the will and a filing fee. A posting will be done and returned to the office the first Monday next after ten days. Legal papers must be prepared before the hearing. After the hearing certified copies will be issued as needed. |
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| Q: |
Can I do the probate myself? |
| A: |
You can do the probate yourself. You can research the law library for requirements. Application forms for probate are not available in the County Clerk's office. All probate records are open to the public. (Copies may be obtained at $1.00 a page.) |
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| Q: |
What does it mean to probate? |
| A: |
To probate is to carry out the wishes of the deceased. |
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| Q: |
How long does it take to probate? |
| A: |
Usually you can probate a will within thirty to sixty days, depending on how soon you can have the probate hearing after the application to probate is filed. |
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| Q: |
Can you probate a copy of a will? |
| A: |
Yes, you can probate a copy of a will but must comply with the Probate Code. The application must contain the reason why the will cannot be produced, the contents of the will as far as known, the date of the will and the executor if any, and general information on each heir. |
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| Q: |
The bank sent me here for Letters Testamentary to close an account? |
| A: |
First you must determine if you need to probate for Letters Testamentary or one of the other methods of probate. As with any legal matter, contacting an experienced attorney is always the safest choice. |
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| Q: |
I just drew up a new will do I need to have it recorded? |
| A: |
No, but we do have a place for wills for safe-keeping if you want to store it here. There is a $16.00 fee for this service. |
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| Q: |
What do I put in an inventory in the administration of an estate? |
| A: |
You are required to include all real property of the estate in the State of Texas and all personal property wherever situated. |
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| Q: |
Can you recommend an attorney? |
| A: |
No, but you can contact the Texas Bar Association may be contacted at (800) 252-9690 or check the telephone book. |
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| Q: |
How far back to your probate records go? |
| A: |
Our records start with the first probate in 1886.
Fees according to 76th Legislature refer to local government code 118.101
| Probate of Will Letters Testamentary |
$249.00 |
| Muniment of Title |
$249.00 |
| Declaration of Heirship |
$249.00 |
| Administration |
$249.00 |
| Small Estates |
$209.00 |
| Guardianship |
$327.00 |
| Mental |
$324.00 |
| Adverse Action |
$60.00 |
| Wills of Safekeeping |
$11.00 |
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