Texas Probate Filing Checklist

Court: [________________________________] (Probate/County Court at Law)

County: [________________________________], Texas

Cause Number: [________________________________]

Decedent: [________________________________]

Date of Death: [__/__/____]

Applicant: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Determine Appropriate Proceeding

Estate Value and Circumstances

☐ Gross estate value: $[________________________________]
☐ Decedent had a will: ☐ Yes ☐ No

Proceeding Type Options

☐ Independent Administration (with will authorizing)
☐ Dependent Administration (court supervision)
☐ Small Estate Affidavit (no real property, less than $75,000)
☐ Muniment of Title (no debts, will exists)
☐ Affidavit of Heirship (real property, no will, no administration needed)
☐ Determination of Heirship (standalone proceeding)

II. Independent Administration (Most Common)

Requirements

☐ Will authorizes independent administration, OR
☐ All distributees agree to independent administration
☐ No pending litigation or disputes

Advantages

☐ No court approval for routine actions
☐ Lower costs
☐ Faster administration

III. Venue (Texas Estates Code § 33.001)

☐ County where decedent resided
☐ County where decedent's principal estate located (if non-resident)
☐ County where decedent died (if non-resident with no estate in Texas)
☐ Proper county: [________________________________]

IV. Application for Probate of Will and Issuance of Letters

Application Contents (Texas Estates Code § 256.052)

☐ Decedent's name, domicile, date and place of death
☐ Applicant's name, address, relationship
☐ Facts showing court has jurisdiction
☐ Statement that will is decedent's last will
☐ Names and addresses of heirs
☐ Request for probate of will
☐ Request for issuance of letters
☐ Request for independent administration (if applicable)
☐ Statement regarding bond

Attachments

☐ Original Will (REQUIRED - no copies)
☐ Death certificate
☐ Proof of heirship (chart)
☐ List of heirs with addresses

V. Application for Letters of Administration (No Will)

Application Contents (Texas Estates Code § 301.051)

☐ Decedent died intestate (no will)
☐ Necessity for administration
☐ Decedent's information
☐ Applicant's qualifications
☐ Names and addresses of all heirs
☐ Relationship of applicant to decedent
☐ Priority of applicant

Priority for Appointment (Texas Estates Code § 304.001)

☐ Surviving spouse
☐ Principal devisee or legatee
☐ Any devisee or legatee
☐ Next of kin
☐ Creditor
☐ Any person of good character

VI. Required Documents for Filing

Primary Documents

☐ Application for Probate
☐ Original Will (if exists)
☐ Death Certificate (certified copy)
☐ Proof of Death and Other Facts (witness affidavits)

Supporting Documents

☐ Heirship Chart
☐ List of beneficiaries/heirs with addresses
☐ Applicant's oath (may be in application)

VII. Filing Fee

Probate Filing Fee

☐ Filing fee: Approximately $250-400 (varies by county)
☐ Fee paid
☐ OR Affidavit of Inability to Pay

VIII. Citation and Notice

Citation to Heirs

☐ Personal citation to all heirs NOT waiving (if any)
☐ Posted citation (general notice) - 10 days before hearing
☐ Published citation (if required for unknown heirs)

Waivers

☐ Waivers of citation from all heirs and beneficiaries
☐ Waivers filed with court

IX. Hearing Requirements

Hearing Scheduling

☐ Hearing date: [__/__/____]
☐ Time: [________________________________]
☐ Minimum 10 days after posting citation

Hearing Evidence

☐ Testimony of applicant (or interrogatories)
☐ Testimony of subscribing witness (for will)
☐ Self-proving affidavit (if will is self-proved)
☐ Proof of death and other facts form

Self-Proving Will

☐ Will is self-proved (affidavit attached to will): ☐ Yes ☐ No
☐ If not self-proved: Witness testimony required

X. Order Admitting Will to Probate

Order Contents

☐ Finds will to be decedent's last will
☐ Admits will to probate
☐ Appoints executor/administrator
☐ Sets bond (or waives)
☐ Grants independent administration (if applicable)

XI. Letters Testamentary/Administration

Issuance of Letters

☐ Oath of executor/administrator signed
☐ Bond posted (if required)
☐ Letters Testamentary (will) or Letters of Administration (no will) issued
☐ Certified copies obtained

Bond Requirements

☐ Bond waived by will: ☐ Yes ☐ No
☐ Bond amount (if required): $[________________]
☐ All distributees consent to no bond: ☐ Yes ☐ No

XII. Post-Appointment Requirements

Notice to Creditors

☐ File notice to creditors (if required by court)
☐ Publish notice to creditors (if dependent administration)
☐ Creditor claims period: 4 months from letters

Inventory, Appraisement, and List of Claims

☐ Due within 90 days of qualification (dependent) or as required
☐ List all estate assets
☐ Values determined
☐ Filed with court (or provided to beneficiaries for independent)

XIII. Independent vs. Dependent Administration

Independent Administration

☐ No regular accountings to court
☐ No court approval for sales
☐ Inventory filed or provided to distributees
☐ Final distribution without court order
☐ Notice of closing filed

Dependent Administration

☐ Court approval for sales
☐ Annual accountings required
☐ Final account and distribution
☐ Court order for distribution

XIV. Small Estate Affidavit (Texas Estates Code § 205)

Requirements

☐ No will requiring probate
☐ 30 days have passed since death
☐ No pending petition for appointment of personal representative
☐ Estate value (less homestead and exempt property) less than $75,000
☐ Known debts less than estate value (excluding secured debts)

Filing

☐ Small Estate Affidavit completed
☐ Lists all assets
☐ Lists all debts
☐ Lists all heirs
☐ Signed by two disinterested witnesses
☐ Signed by each distributee
☐ Filed with court
☐ Approved by judge

XV. Muniment of Title (Texas Estates Code § 257)

Requirements

☐ Valid will exists
☐ Decedent's estate has no unpaid debts (except secured by real property)
☐ No need for administration

Effect

☐ Will admitted to probate as muniment of title
☐ No executor appointed
☐ Transfers property per will

XVI. Closing the Estate

Independent Administration

☐ All debts paid
☐ All taxes paid
☐ Distribution complete
☐ Notice of Closing filed (Texas Estates Code § 405.003)

Dependent Administration

☐ Final Account filed
☐ Application for Discharge
☐ Order Approving Final Account
☐ Order of Discharge

XVII. Quality Control Checklist

Before Filing

☐ Proper proceeding type selected
☐ Original will obtained (if exists)
☐ All heirs identified
☐ Death certificate obtained
☐ Application complete
☐ Filing fee ready

Before Hearing

☐ All waivers/citations complete
☐ Witnesses available (if needed)
☐ Proposed order prepared

XVIII. Document Tracking Log

XIX. Key Deadlines

Sources and References

• Texas Estates Code: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1.htm
• Texas State Law Library Probate: https://guides.sll.texas.gov/probate
• Local Probate Court Rules

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]