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Most estates in Texas must undergo probate administration proceedings. However, some estates may be exempt from probate procedures, depending on how the assets in question are owned. In some cases, estates may also qualify for simplified probate proceedings.

The probate is filed with the county clerk of the county in which the decedent resided when he died. Contact the county clerk and ask for a copy. The clerk will make a copy of the will for anyone who wants it (with a small copying charge, of course.)

The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.

An application for probate must be filed with the proper Texas probate court in the county where the decedent resided. verify that the decedent had a valid will or that there was no will, and finally appoint an administrator or verify the person named as executor.

Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.

In the case of a copy, the copy of the will is used as evidence to probate the lost will. Typically, witnesses and sworn testimony regarding the decedent and the drafting of the will are necessary.

Availability. Probate records of Texas have been kept by the probate clerk in each county courthouse. You can obtain copies of the records from the clerk's office. In most counties, all information pertaining to a probate case is recorded in the "probate minutes."

Generally, yes, the probate process is public in Texas.

In Texas, probate cases are filed in the county clerk's office. In some counties, a general county court has jurisdiction. In other counties with larger populations, a statutory probate court will have jurisdiction.