Many estates will go through the probate process after a person dies. This guide provides general information and resources about the probate law in Texas. Because the process can be complicated, it may be necessary to contact an attorney with specific questions. Please Contact Soraya Private Investigators, Kenya for assistance

Administering the Estate

• What Does It Mean To Be An Executor In A Will? [Video] (Austin Bar Association)From the People’s Law School Estate and Probate Video series.
• Demanding An Accounting From An Executor (Texas Probate Litigation)You may have the right to request information about an independent executor’s handling of the estate.

Pro-Se Representation (Without an Attorney)

• Pro Se Executors – Unauthorized Practice of Law, or Not?This article from 2010 describes the “well-known and continuing split” among Texas’ probate courts as to whether or not to allow individuals to represent themselves when executing a will. Note: This article was written prior to the enactment of the Estates Code. The Probate Code has since been repealed and replaced with the Estates Code.
• Travis County Court Policy Regarding Pro Se ApplicantsThe Travis County Probate Court answers frequently asked questions about probate in Texas.

Contesting a Will

• Can You Contest a Will? (Forbes & Forbes)Discusses four legal reasons that can lead to valid will contest.
• Will Contests Under Texas Law (Dallas Probate Attorneys)Information about what is needed to successfully contest a will in Texas.
• Family Settlement Agreements [Video] (Texas Probate Litigation)In Texas, estate disputes such as will contests are often resolved through family settlement agreements.

When There Is No Will

• Probating an Estate Without a Will (TexasLawHelp.org)Learn what assets and debts can be distributed without going to court. Probate may still be necessary depending on the estate’s size and type of property and debt.
• How an Estate Is Settled If There’s No Will: Intestate Succession (Nolo)State laws control who inherits property if no will exists. Learn the general guidelines.
• Where There’s No Will… (Texas A&M University Real Estate Center)Texas law on the distribution of property when there is no will.
• I want to use a Small Estate Affidavit to probate an estate (TexasLawHelp.org)How to transfer a modest estate if someone died, left no will, and had only a homestead occupied by the deceased and their survivor(s).
• Applications to Determine Heirship (TexasLawHelp.org)An “application to determine heirship” is a proceeding in which a court determines who the heirs are and who gets the property. Learn when an application to determine heirship is an option, who can apply, and how the process works.

When a Loved One Passes Away

• What to Do if a Family Member, Friend, or Loved One Dies Without a Will (Texas Young Lawyers Association)This guide contains a checklist and other information about what to do if a parent, sibling, child, friend, or other loved one passes way unexpectedly and/or without a will.
• What Do I Do When There Is A Death In My Family? [Video] (Austin Bar Association)From the People’s Law School Estate and Probate Video series.

Forms

Below are links to free forms available from Texas organizations. Many forms are not available online and you may need to consult print resources or subscription databases available in your law library. You may also want to contact the clerk of your probate court to inquire about the availability of specific forms for your county.

Affidavits of Heirship

• How to Draft an Affidavit of Heirship (TexasLawHelp.org)Affidavit of heirship can be used as a probate alternative.
• Affidavit of Heirship for a Motor Vehicle [PDF] (Texas Department of Motor Vehicles)Transfer a deceased person’s motor vehicle to their heirs.
• Affidavit of heirship forms for unclaimed property (Texas Comptroller)Forms provided by the division of the Texas Comptroller for claiming unclaimed property of the deceased.

Small Estate Affidavits

• Small Estate Affidavit (TexasLawHelp.org)Transfer property to a deceased person’s heirs.