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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
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Provided by the Texas Association of Counties
Duties & Responsibilities of County Officials
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