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Probate Department


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
Small Estate 
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 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.

Guardianships 
This proceeding is filed when a minor or a person who is either physically or mentally unable to care for themselves
and require assistance with their everyday needs. An application is filed by an attorney and an order must be signed
by the judge approving the application and appointing a guardian.

Acceptable Forms of Identification (PDF)

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