Legal Research Guides > Probate (last updated: 03/13/2024)

General Information

Texaslawhelp.org contains several research articles about probate in Texas. Read More.

• Applications to Determine Heirship

• Debts and Deceased Relatives

• Estate Administration in Texas

• Handling an Estate

• How to Draft an Affidavit of Heirship

• Mediation and Probate

• Probating an Estate Without a Will

• Small Estate Affidavits (TexasLawHelp.org)

• Tax Liabilities at Death

• Texas Descent and Distribution

• Transferring Property After Death and Avoiding Probate Court 

Harris County Probate Courts

• Helpful Guidelines When In Harris County Probate Courts

Blog posts from Ex Libris Juris

• Small Estate Affidavits (February 2, 2023)

• Latest & Greatest – Texas Probate Forms & Procedures (January 18, 2018)

• Latest & Greatest – O’Connor’s Texas Probate Law Handbook (May 3, 2018)

Texas Laws

Texas Estates Code

• Application for Letters Testamentary or of Administration – Texas Estates Code, Chapter 301

• Citations and Notices Relating to Probate of Will – Texas Estates Code, Chapter 258

• Closing Administration of Estate – Texas Estates Code, Chapter 362  

• Granting and Issuance of Letters – Texas Estates Code, Chapter 306

• Inventory, Appraisement, and List of Claims – Texas Estates Code, Chapter 309

• Notice to Beneficiaries and Claimants – Texas Estates Code, Chapter 308

• Powers and Duties of Personal Representatives in general – Texas Estates Code, Chapter 351

• Probate of Wills Generally – Texas Estates Code, Chapter 256

  • Admission of Will to, and Procedures Following, Probate – Texas Estates Code §§ 256.201-256.204

  • Application Requirements

    • Contents of Application for Probate of Will – Texas Estates Code §256.052

    • Filing of Will with Application for Probate Generally Required – Texas Estates Code § 256.053

    • Additional Application Requirements When No Will Is Produced – Texas Estates Code § 256.054

  • Period for Admitting Will to Probate – Texas Estates Code § 256.003

  • Required Proof for Probate of Will – Texas Estates Code §§ 256.151-256.157

• Probate of Will As Muniment of Title – Texas Estates Code, Chapter 257

• Qualification of Personal Representatives – Texas Estates Code, Chapter 305

Court Rules

• Texas Rules of Civil Procedure

• Texas Rules of Evidence

• Local Rules of the Probate Courts of Harris County, Texas

 *Be sure to check the website of the court to which you are assigned. Policies, procedures, and requirements may vary from court to court.

Forms

Online

• Affidavit of Distributees/Small Estate With Judge’s Order of Approval

• Affidavit of Heirship for a Motor Vehicle

• Application for Emergency Burial Expenses

• Application for Protection of Personal Property

• Application To Open Safe Deposit Box and Examine Papers

• I want to use a Small Estate Affidavit to probate an estate

• Inventory and Appraisement Of The Estate and Order

• Possession Order for Wills and Insurance Policies

• Sample Affidavit of Heirship

• Testimony for Self Proven Wills

 Print

• O’Connor’s Texas Probate Law Handbook (Also available through Westlaw at the Law Library.)

• Texas Jurisprudence Pleading and Practice Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

• Texas Litigation Guide (Also available online through the Law Library’s LexisNexis Digital Library.)

• Texas Practice Guide: Probate (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

• Texas Practice Series: Probate and Decedents Estates (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

• Texas Probate, Estate, and Trust Administration (Also available online through the Law Library’s LexisNexis Digital Library.)

• Texas Probate Forms & Procedures (Also available through LexisNexis at the Law Library.)

• Texas Probate System

• West’s Texas Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)

Print Resources

• O’Connor’s Texas Probate Law Handbook, By Craig Hopper and D’Ana H. Mikeska, Thomson Reuters.  This handbook offers a comprehensive look at handling a probate matter from the death and disposition of the body to the closing of the decedent’s estate. Relevant topics include intestate and testate administrations, dependent and independent administrations, personal representatives, and taxes. (Also available through Westlaw at the Law Library.)

• Texas Practice Guide: Probate, By Thomas M. Featherston, Jr., et al., Thomson Reuters.  This book provides forms, practical guidance, comprehensive discussions, and strategies for handling issues that arise in probate proceedings. Chapter 5 focuses independent administration while Chapter 6 addresses the procedures for probating a will and the procedures for handling an estate when there is no will. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).

Continuing Legal Education (CLE) Resources: The State Bar of Texas requires licensed attorneys to take 15 credits of CLE each year.  CLE courses typically focus on a particular area of law and might include legal theory, practice tips and guidance, developments in the law, or legislative updates. CLEs are secondary resources that are especially useful in that they provide current information about legal topics and issues.

• State Bar of Texas Annual Building Blocks of Wills, Estates and Probate Course

• State Bar of Texas Annual Estate Planning & Probate Drafting Course

• State Bar of Texas Advanced Estate Planning & Probate Course

• State Bar of Texas Intermediate Estate Planning & Probate Course

Related Topics

• Guardianship

• Estate Planning, Wills, and Trusts

• Special Needs Trusts