Application for Probate of Will and Issuance of Letters Testamentary (Texas)

APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY

IN THE [COUNTY COURT / STATUTORY PROBATE COURT / COUNTY COURT AT LAW] OF [COUNTY] COUNTY, TEXAS

TABLE OF CONTENTS

1. Caption and Estate Information
2. Applicant Information
3. Decedent (Testator) Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs (for Citation/Notice)
7. Executor Nomination, Qualification, and Priority
8. Independent Administration and Bond
9. Prayer
10. Verification
11. Citation / Notice
12. Attachments Checklist

1. CAPTION AND ESTATE INFORMATION

Cause No.: [____________________________________]

2. APPLICANT INFORMATION

Name and Domicile (§ 256.052(a)(1)): [APPLICANT FULL LEGAL NAME], domiciled at [STREET ADDRESS], [CITY], [COUNTY] County, Texas [ZIP CODE].
Driver's License No. (last 3) (§ 256.052(a)(1-a)): XXX-[____] Social Security No. (last 3): XXX-XX-[____]
Telephone: [________________________________] Email: [________________________________]
Capacity: Applicant is an interested person and is the Executor named in the Decedent's Will (§ 256.051(a)).

3. DECEDENT (TESTATOR) INFORMATION

The Decedent died on the date stated above; the fact, date, and place of death are as set forth (§ 256.052(a)(3)). The Decedent owned property, including real and/or personal property, of a probable value of approximately $[________________] (§ 256.052(a)(5)).

4. JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a valid Last Will and Testament dated [__/__/____] (§ 256.052(a)(6)).

b. This Court has venue because the Decedent was domiciled and had a fixed place of residence in [COUNTY] County, Texas at the time of death (§ 256.052(a)(4); Tex. Est. Code § 33.001).

c. This Application is filed within four (4) years after the date of the Decedent's death (Tex. Est. Code § 256.003), ☐ or, if filed later, Applicant is not in default (state grounds): [__________________________].

d. ☐ The Decedent left no child born or adopted after the Will was executed who survived the Decedent; ☐ or the after-born/after-adopted child(ren) are: [__________________________] (§ 256.052(a)(9)).

e. ☐ No marriage of the Decedent was dissolved after the Will was made; ☐ or a marriage was dissolved on [__/__/____] from [__________________________] (§ 256.052(a)(10)).

f. ☐ Neither the State, a governmental agency, nor a charitable organization is named as a devisee; ☐ or the following is so named: [__________________________] (§ 256.052(a)(11)).

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered is the Decedent's Last Will and Testament dated [__/__/____] (§ 256.052(a)(6)) ☐ together with the following Codicil(s): [__________________________].

b. The original Will is filed with this Application as required by Tex. Est. Code § 256.053 ☐, or cannot be produced and the requirements of § 256.054 are met (state reason): [__________________________].

c. Proof required for probate (Tex. Est. Code § 256.151–§ 256.152): the testator did not revoke the Will; and, if the Will is not self-proved, that it was executed with the formalities and solemnities and under the circumstances required by law, and that at execution the testator was of sound mind and was 18 years of age or older, was or had been married, or was a member of the armed forces.

d. Self-proving status:
☐ The Will is self-proved in accordance with Tex. Est. Code ch. 251, subchapter C; under Tex. Est. Code § 256.152(b), a self-proved will requires no additional proof that it was executed with the formalities and solemnities required to make it valid.
☐ The Will is not self-proved; due execution will be proved by the sworn testimony of one subscribing witness or by two disinterested witnesses to the testator's signature/handwriting.

e. Subscribing witnesses to the Will (§ 256.052(a)(8)):

6. DEVISEES AND HEIRS (FOR CITATION/NOTICE)

Devisees named in the Will:

Heirs who would inherit in the absence of a valid will (for notice where required):

7. EXECUTOR NOMINATION, QUALIFICATION, AND PRIORITY

a. The Decedent's Will names [APPLICANT / EXECUTOR FULL LEGAL NAME] as Independent Executor, whose state of residence and physical address where service can be had is [________________________________] (§ 256.052(a)(7)).

b. As the person named as executor in the Decedent's Will, the named Executor has first priority for the grant of letters testamentary under Tex. Est. Code § 304.001(a)(1).

c. The Executor named in the Will (or the Applicant or other person to whom Applicant desires letters be issued) is not disqualified by law from accepting letters testamentary (§ 256.052(a)(12); § 304.003). The named Executor is not a minor, an incapacitated person, a convicted felon (whose civil rights have not been restored), a non-resident without a resident agent, or a person the court finds unsuitable.

d. ☐ The first-named Executor is not serving because: ☐ deceased ☐ declines (declination attached) ☐ disqualified; Applicant is the alternate/successor Executor named in the Will.

8. INDEPENDENT ADMINISTRATION AND BOND

a. Applicant requests that the Estate be administered as an independent administration:
☐ The Will provides that no other action shall be had in the probate court other than the probating and recording of the Will and the return of an inventory, appraisement, and list of claims, thereby creating an independent administration (Tex. Est. Code § 401.001).
☐ All distributees agree to independent administration and to the appointment of the named person as independent executor (§ 401.002–§ 401.003).

b. Bond (Tex. Est. Code § 305.101):
☐ Letters testamentary should issue without bond because the Will directs that no bond or security be required of the Executor and the Court finds the person qualified (§ 305.101(b)).
☐ No bond is required because the personal representative is a corporate fiduciary (§ 305.101(c)).
☐ Applicant will enter into bond in the amount of $[________________] before issuance of letters (§ 305.101(a)).

9. PRAYER

WHEREFORE, Applicant prays that:

a. Citation issue and be served as required by law;

b. The Decedent's Last Will and Testament dated [__/__/____] (and any Codicil) be admitted to probate;

c. The Court find the Decedent died testate, the Will is valid, and venue is proper;

d. [APPLICANT / EXECUTOR FULL LEGAL NAME] be appointed Independent Executor of the Estate;

e. Letters Testamentary be issued to the Executor upon qualification, without bond as directed by the Will (or upon entry of bond);

f. Applicant have such other and further relief, at law or in equity, to which Applicant may be entitled.

10. VERIFICATION

I, [APPLICANT FULL LEGAL NAME], swear (or affirm) under penalty of perjury that the foregoing Application is true and correct in substance and in fact to the best of my knowledge and belief.

Executed on [__/__/____].

Applicant Signature: ______________________________________

Printed Name: [APPLICANT FULL LEGAL NAME]

State of Texas, County of [COUNTY]. Sworn to and subscribed before me on [__/__/____].

______________________________________ Notary Public, State of Texas

11. CITATION / NOTICE

On the filing of this Application, the clerk shall issue citation to all persons interested in the Estate, served by posting at the courthouse, stating that the Application has been filed, its nature, the testator's name, the applicant's name, the time the Court will act, and that any interested person may appear and contest it (Tex. Est. Code § 258.001). The Court may not act on the Application until service of citation has been made (§ 258.003).

☐ Citation issued and served by posting (§ 258.001) — Posted on [__/__/____]
☐ Will not produced in court: citation served on heirs by personal service or publication (§ 258.002)
☐ Application filed after the four-year period: notice to heirs under § 258.051

Respectfully submitted,

Signature: ______________________________________
Printed Name: [APPLICANT / ATTORNEY NAME]
State Bar of Texas No.: [________________] (if attorney)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Application for Probate of Will and Issuance of Letters Testamentary
☐ Original Last Will and Testament and all Codicils (§ 256.053)
☐ Self-proving affidavit (ch. 251) or witness proof of execution (§ 256.152)
☐ Certified copy of Death Certificate
☐ Proof of Death and Other Facts (to be signed at prove-up hearing)
☐ Oath of Executor (signed and notarized after the prove-up hearing)
☐ Designation of Resident Agent (if Executor is a non-resident)
☐ Order Admitting Will to Probate and Authorizing Letters Testamentary (proposed)
☐ Bond (if required; not required where Will waives it and Executor is qualified — § 305.101)
☐ Filing fee payment

Sources and References
- Tex. Est. Code §§ 256.051–256.054, 256.151–256.157 (probate of will; proof)
- Tex. Est. Code §§ 258.001–258.052 (citations and notices)
- Tex. Est. Code §§ 304.001, 304.003 (priority; disqualification); § 305.101 (bond)
- Tex. Est. Code §§ 401.001–401.005 (independent administration)
- Texas Constitution and Statutes: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm