Understanding how to file a will in probate court in Texas can feel overwhelming—especially when you’re already grieving the loss of a loved one. It’s not just about paperwork or courtroom procedures. It’s about making sure their final wishes are honored and their estate is handled with care. Unfortunately, this process doesn’t happen automatically. Even a valid will needs to go through the Texas probate system before assets can be legally transferred.
This guide will walk you through the step-by-step process of filing a will in Texas probate court—from locating the will to navigating hearings and deadlines. You’ll also get real-life examples, common mistakes to avoid, and insights that help demystify what probate really looks like in Texas.
Whether you’re a named executor, surviving spouse, or adult child trying to make sense of the court system, this guide is written for you.
Why Probate Is Necessary Even When There’s a Will
Before jumping into how to file a will in probate court in Texas, it’s worth asking: why does the will need to be filed at all? Shouldn’t it just “work” on its own?
The answer lies in legal authority. A will only has legal power once it’s validated by a court. Probate gives that power by:
- Verifying the will is valid under Texas law
- Authorizing the named executor to act
- Ensuring all debts and taxes are paid
- Overseeing the lawful distribution of property to beneficiaries
Without probate, banks won’t release funds, titles can’t be transferred, and disputes may arise among heirs. The court acts as a referee and record-keeper, making sure everything follows the law.
Real-Life Story: When Thomas Thought a Handwritten Will Was Enough
Thomas, a middle-aged son in Fort Worth, discovered a handwritten will in his father’s desk after his sudden passing. The will named Thomas as the executor and left everything to him and his sister. Thinking it was enough, Thomas started cleaning out the house, selling some tools from the garage, and closing bank accounts.
Weeks later, the bank froze the accounts. The title company refused to honor a property sale. Why? Because the will had never been filed or admitted into probate. In the eyes of the law, Thomas had no authority—yet.
That’s the lesson. Even if the will is clear, legally you must understand how to file a will in probate court in Texas if you want to act on it.
Step One: Locate the Original Will and Death Certificate
Before you can file anything, you need two essential documents:
- The original, signed will
- A certified copy of the death certificate
Texas courts require the original will (not a copy) for the probate process unless you meet very specific exceptions. You’ll also need a certified death certificate, which is typically issued by the county clerk’s office or state health department a few weeks after the person’s passing.
Keep both documents safe but accessible. They’ll be needed multiple times during the process.
Step Two: Determine the Appropriate County for Filing
Now let’s get specific about how to file a will in probate court in Texas. First, where do you file?
Under Texas law, you must file the will in the probate court (or county court at law) in the county where the deceased person resided at the time of their death. This is considered their “domicile.“
Example: If your mother lived in Travis County when she passed away—even if she owned property in another part of Texas—you file the will in Travis County probate court.
Larger counties like Harris, Dallas, and Bexar have dedicated probate courts, while smaller ones may combine probate with other civil cases. Call the county clerk if you’re not sure where to start.
Step Three: Check the Deadline for Filing
Timing matters. According to the Texas Estates Code, the will must be filed for probate within four years of the date of death. Miss this deadline, and the will may not be admitted—leaving the estate to be treated as if there was no will at all (called intestate succession).
There’s one exception: if the person offering the will can show they weren’t aware of the death or had another valid excuse, the court might still allow it. But don’t count on that. The safest move is to file as soon as possible.
Step Four: Hire or Consult a Probate Attorney
Technically, you can represent yourself when filing a will for probate in Texas. However, unless the estate is very small or straightforward, hiring an attorney is often a smart move. Why?
- Probate involves specific legal language and documents
- Judges expect procedures to be followed precisely
- Creditors, heirs, or beneficiaries may challenge the process
- Certain forms must be filed in a certain order and time frame
Even if you don’t hire a lawyer for full representation, consider booking a consultation to review your case. This is especially true if the estate has real property, multiple heirs, debts, or a complex will.
Step Five: File an Application for Probate
Here’s where the legal filing begins. You’ll need to submit a formal Application for Probate of Will and Issuance of Letters Testamentary. This document tells the court:
- Who the deceased was
- That they had a valid will
- That you are asking to probate the will and be appointed executor
- That there’s a need for legal administration of the estate
Once filed, the court clerk will schedule a hearing date. The hearing is where the judge officially admits the will to probate.
In most Texas counties, filing the application kicks off a waiting period (often around two weeks) to allow for public notice.
Step Six: Post a Notice to Creditors
After you file, the court will require you to publish a Notice to Creditors in a local newspaper. This is a legal step that informs the public that the estate is in probate and allows creditors a chance to file claims.
Why is this important? Because Texas law wants to make sure debts are paid before heirs start receiving assets. Failing to publish this notice can delay probate or open the executor up to legal liability.
Step Seven: Attend the Probate Hearing
This is often the most intimidating part—but it doesn’t have to be.
At the probate hearing, the judge will:
- Confirm that the will appears valid
- Swear in the executor
- Authorize Letters Testamentary (legal documents giving the executor power)
Bring your original will, death certificate, and a government-issued photo ID. Your attorney, if you have one, will present the case. In most uncontested cases, the hearing is brief and procedural.
Once the court admits the will, you’re officially recognized as the estate’s legal representative.
Step Eight: Get Your Letters Testamentary
After the court signs off, they’ll issue Letters Testamentary—your golden ticket as an executor. These documents prove your legal authority to:
- Access bank accounts
- Sell property
- Pay creditors
- Distribute assets according to the will
You’ll need to show these letters when dealing with title companies, financial institutions, and insurance providers. They’re your legal credentials.
Step Nine: Create an Inventory of the Estate
Within 90 days of being appointed executor, Texas law requires you to file an Inventory, Appraisement, and List of Claims with the court. This document:
- Lists all assets owned by the estate (homes, bank accounts, vehicles, etc.)
- Includes estimated values for each item
- Notes any debts or liabilities
The judge reviews this to ensure transparency and that the estate is handled properly. This step can be time-consuming, especially if the estate is large or scattered across multiple counties.
If you’re not sure how to value certain assets, your attorney may recommend an appraiser or CPA.
Step Ten: Pay Debts and Distribute Assets
Once debts and taxes are settled, you can distribute what’s left according to the will’s instructions. This includes:
- Transferring property titles to heirs
- Disbursing bank accounts
- Closing financial accounts
- Donating or selling personal items per the will
Keep detailed records of everything. Beneficiaries can request a final accounting, and courts may require you to show where the money went.
Final Step: Close the Estate
Once the assets are distributed and there’s nothing left to resolve, you’ll file a Closing Report or Final Accounting with the court. In some cases, you may also file a request to be discharged as executor.
After this step, the court officially closes the probate case.
Common Mistakes to Avoid When Filing a Will in Texas
Even the best-intentioned families can stumble during probate. Here are a few traps to watch out for:
- Filing a photocopy of the will instead of the original
- Waiting too long and missing the four-year deadline
- Paying heirs before creditors
- Forgetting to post notice to creditors
- Failing to inventory all assets (especially vehicles and rural land)
By learning how to file a will in probate court in Texas, you’re not just handling paperwork—you’re protecting a legacy.
Final Thoughts: Take It Step-by-Step, and Get Help When Needed
Knowing how to file a will in probate court in Texas gives you a huge advantage during a difficult time. The process can feel bureaucratic, but it serves an important purpose: making sure your loved one’s final wishes are honored and their assets are handled legally and fairly.
Take it one step at a time. Stay organized. Keep copies of everything. And don’t hesitate to lean on professionals when the situation calls for it. With patience and preparation, you can manage probate confidently and respectfully.
