If you’ve ever asked, “How do I find probate records in Texas?”, you’re not alone. Many people search for probate records for legal, historical, or personal reasons. Whether you’re an heir claiming an inheritance, a genealogist tracing family history, or an attorney handling an estate, knowing how to locate probate records in Texas is essential. But how long are these records kept, and where should you start? Let’s break it down step by step.

What Are Probate Records, and Why Do They Matter?

Probate records are official court documents related to a deceased person’s estate. They include:

• Wills and testaments – The deceased’s final wishes regarding asset distribution.
• Letters of administration – Appointments of estate executors or administrators.
• Estate inventories – A detailed list of the deceased’s property.
• Court orders and decrees – Legal decisions on estate distribution.
• Creditors’ claims – Outstanding debts against the estate.

These records ensure assets are distributed correctly and legally. Additionally, they serve as valuable historical documents for genealogy research or settling inheritance disputes.

Where Can You Find Probate Records in Texas?

Texas stores probate records at the county level, meaning you need to check the courthouse where the deceased lived at the time of death. Each county maintains its own records, so searching in the right place is essential.

1. County Clerk’s Office

Every Texas county has a County Clerk’s Office that manages probate case files. To find these records, you can:

• Visit the office in person and request access. Some records may require a formal request, so check with the clerk before visiting.
• Search online if the county provides digital archives. Not all counties have digitized their records, but many have online databases for public use.
• Check county archives or microfilm collections for older records. If the records are no longer available at the clerk’s office, they may have been transferred to a historical archive.

2. Texas State Library and Archives Commission (TSLAC)

If a county no longer stores older probate records, you may find them at the Texas State Library and Archives Commission (TSLAC). This resource preserves historical documents that date back over a century. Many of these records are available on microfilm, making them accessible for researchers and historians.

3. Online Probate Record Databases

Several platforms offer online access to Texas probate records, including:

• Texas Land and Probate Records (Ancestry.com) – This paid service provides access to historical probate documents.
• FamilySearch.org (free genealogy records) – A great resource for those researching family history.
• The Texas Probate Record Database (county websites) – Some counties offer public access to probate records through their official sites.
• Official court websites (some allow free searches) – Checking multiple databases can improve your chances of finding the right records.

4. District Courts for Contested Cases

If a probate case involved disputes or a large estate, a district court may have handled it instead of a county probate court. In such cases, checking with the district court clerk’s office can provide additional records. Cases involving multiple heirs, business assets, or legal challenges are often filed at this level.

Step-by-Step Guide: How to Find Probate Records in Texas

Now that we know where to look, let’s walk through the step-by-step process of actually finding probate records in Texas. By following these steps, you can streamline your search and avoid unnecessary delays.

Step 1: Determine the County Where Probate Occurred

The first step is to identify the county where the deceased person lived. Probate cases are almost always filed in the county where the person resided at the time of death. If the individual owned property in multiple counties, records may exist in more than one location.

Step 2: Search County Clerk Records

Each county clerk’s office in Texas maintains probate records. You can:

• Visit the county clerk’s website and check if they have an online search portal. Some counties offer free searches, while others may require registration or a small fee.
• Call or email the clerk’s office to inquire about access to records. It’s best to ask about specific requirements or restrictions before visiting in person.
• Visit the office in person if necessary. Be prepared with identification and details about the deceased, such as full name and date of death.

Step 3: Use the Texas Probate Court System

Texas has a decentralized probate system, meaning each county runs its own probate courts. Some counties, like Harris County and Travis County, have dedicated probate courts, while others handle probate cases within the county court-at-law system. Understanding which court handled the case can save time and effort when requesting records.

Step 4: Check the Texas State Archives

For older cases, check the Texas State Library and Archives Commission (TSLAC). Some probate records are preserved in historical collections and can be accessed through research libraries. If the record you need isn’t available at the county level, the state archives may be the next best place to search.

Step 5: Explore Online Probate Record Databases

If you can’t visit a courthouse, online databases can be a valuable alternative. Websites like FamilySearch.org and Ancestry.com have digitized Texas probate records. Some counties also offer their own online archives. Checking multiple sources increases your chances of finding complete probate documents.

Step 6: Request Copies of Probate Records

Once you’ve located the right records, you may need to request copies. This often requires:

• A small fee for record retrieval. Fees vary by county and depend on the document type and retrieval method.
• Filing a request with the County Clerk’s Office. Some counties allow online requests, while others require in-person or mailed applications.
• Providing necessary identification (especially if the record is recent). Confidential probate records may require proof of relation or legal interest in the estate.

How Long Are Probate Records Kept in Texas?

Now that we know how to find probate records in Texas, the next big question is: How long are these records kept? The timeframe depends on the record’s age and where it is stored.

Recent Probate Records (Less Than 50 Years Old)

Most probate records from the last 50 years are kept by county clerk offices. These records are typically stored in physical files or digital case management systems. Many counties allow online searches for probate records that are recent. If you need an official copy, you may have to request it directly from the courthouse.

Older Probate Records (50–100 Years Old)

Records between 50 and 100 years old may still be available through county archives or microfilm records. Some counties transfer older records to historical archives or state records offices. If they are no longer at the county level, a search at TSLAC or a local historical society may be necessary.

Historical Probate Records (Over 100 Years Old)

Probate records that are over 100 years old are often stored at TSLAC (Texas State Library and Archives Commission) or local historical societies. These records may not always be digitally available, so you might need to visit archives in person. Researchers and historians often use these records for genealogy or legal research.

Common Challenges in Finding Probate Records in Texas

While finding probate records in Texas is straightforward in many cases, some challenges can arise:

• Older records may not be digitized, requiring manual searches. If records are only available in physical format, locating them may take additional time and effort.
• Restricted records (such as those with sensitive information) may require special permission to access. This is especially true for probate cases involving minors or sealed court proceedings.
• Common names can complicate searches. If you’re looking for “John Smith,” you may need exact dates or additional details to narrow results. Adding middle names, birth years, or spouse names can help.
• Missing records – In some cases, fires, floods, or courthouse relocations may have led to the loss of physical documents. If a record is missing, checking alternative sources like newspaper archives or legal notices may provide clues.

Tips to Make Your Search Easier

• Know the exact name of the deceased and an approximate death date. The more details you have, the quicker you can locate the record.
• Use online searches first before visiting courthouses. This can save time and help you determine if a trip is necessary.
• Be patient—older records may require multiple sources. Probate files from decades ago may be spread across different locations, so persistence is key.
• Consider hiring a probate researcher for complex estate matters. Professional researchers have experience navigating court systems and may be able to locate hard-to-find records more efficiently.

Conclusion: Making Probate Records Searches in Texas Easier

If you’ve been asking, “How do I find probate records in Texas?”, the answer lies in knowing where to look and understanding how long probate records are kept. Whether you need recent records from a county clerk’s office or historical documents from the Texas State Archives, Texas offers a variety of resources for accessing probate information.

The key is to start with the county probate system, use online databases when possible, and be prepared to request documents through the proper channels. By following these steps, you can efficiently locate probate records in Texas—whether for legal, historical, or genealogical purposes.

With the right approach, finding probate records in Texas doesn’t have to be overwhelming. Whether you’re settling an estate, researching your ancestry, or handling a legal matter, having access to these records can make all the difference. Happy searching!