Probate Forms/Information

Probate Auditors

IMPORTANT INSTRUCTIONS
Please Read Prior to Contacting a Court to Schedule a Hearing

• Requirements of all Courts
  • To set hearings pertaining to decedent’s estates and guardianship matters, please contact each Court’s respective Probate Auditor. Individual Courts may have additional information and/or requirements that are specific to their Court. To access this information, click the “Staff” tab under the Courts at Law listed in the left navigation menu before calling to schedule a hearing.
  • The following must be filed prior to scheduling a hearing:
    • Decedent’s Estates – (i) The Original Will (or the Original Copy of the Will if the Original Will cannot be produced) must be filed with the County Clerk’s office in accordance with the Texas Rules of Civil Procedure; and (ii) Death Certificate must be filed.
    • Guardianships – (i) Applicant attorneys must e-file a copy of his/her certification along with the application; and (ii) All criminal background checks must be completed
• Please note that Court staff can tell you about the services of the Court and can answer questions about how the Court works; however, Court staff cannot give legal advice or answer legal questions. If you need someone to research the law and give you legal advice, you should consult an attorney.
• You can check the status of filings online by visiting the Records Search page.
• For questions about fees, filings, and status of filings, contact the County Clerk’s Office.

Probate Information

General

• Court Policy Regarding Pro Se Applicants [PDF]
• Muniments of Title and Medicaid Benefits [PDF]
  (Medicaid Estate Recovery Program Certificate)

Decedent Dies with Will

• Affidavit Waiving Citation and Waiving Objection for Probate of a Will more than 4 Years after the Decedent's Death [PDF]
• Affidavit Waiving Citation for Probate of a Copy of a Lost Will or Codicil or Probate of a Lost Will or Codicil without a Copy [PDF]

Decedent Dies without Will

• Texas Descent and Distribution Chart - Who Takes if you Don't Have a Will? [PDF]
• Administrative Order Requiring Use of Courts Small Estate Affidavit [PDF]
• Small Estate Affidavit Checklist [PDF]
• Small Estate Affidavit Form - Order Included [PDF]

Guardianship Information

• Administrative Order Regarding Background Checks [PDF}
• Annual Report on Location, Condition and Well-Being of Ward  [PDF]
• Representative Payee Report [PDF]
• Income Expense and Report Worksheet [PDF]
• Physician's Certificate of Medical Examination  [PDF]
• Texas Alternatives to a Guardianship [PDF]

Guardianship Proceedings

Registration of Guardianships, Effective June 1, 2018 Senate Bill 1096, passed during the 85th Legislature, Regular Session, and will affect the appointment of guardians. The tasks associated with implementing the bill are largely the responsibility of the Judicial Branch Certification Commission (JBCC) but they will also affect the courts and the clerks. The JBCC wants to take this opportunity to make the courts, clerks and public aware of the upcoming changes. Go to:http://www.txcourts.gov/jbcc/guardianship-registration/

Guardianship Resources

• Alternatives to Guardianship Handout[PDF]
• Annual Report on the Condition and Well-Being of a Ward[PDF]

Heirship Proceedings
Proposed Applications for Determination of Heirship and Letters of AdministrationMUSTbe filed separately.
 
 

Other

• Civil Case Information Filing Sheet [PDF]
  (Must be filed when opening any probate or guardianship case.)
• Motion to Withdraw Minor's Funds [PDF]
  (Age of Majority - Order Included)
• Texas Estates Code [PDF]
• Ad Litem Manual [PDF]
• Map - Fort Bend County Justice Center [PDF]