To admit a will to probate in Texas, the executor or another interested party must file an application with the probate court in the county where the deceased lived. The court will then post notice and hold a hearing, where a witness or the will’s self-proving affidavit establishes validity before a judge signs an order admitting it.
This admission must generally happen within four years of death under Texas Estates Code § 256.003, or the estate risks being treated intestate.
Filing the Application
The probate process begins when an executor named in the will or another interested party files an application for probate with the county probate court. The application identifies the deceased, confirms the court has jurisdiction and venue, and asks the court to admit the will and appoint the applicant as executor.
The original will must be filed along with the application. A copy generally won’t work unless the original has been lost or destroyed under circumstances the court finds satisfactory.
The Posting Period and Hearing
After filing, Texas law requires a public notice, called a citation, to be posted at the courthouse for a minimum of ten days before the court will hold a hearing. This gives any interested party, such as an heir who disputes the will’s validity, an opportunity to object.
If no one contests the will, the hearing is usually a formality. The applicant or their attorney appears before the judge to establish the basic facts necessary for the will to be admitted.
Proving the Will’s Validity
Texas law requires proof that the will was validly executed before a court can admit the document. A “self-proving affidavit,” which is a will signed by the testator and two witnesses and a notary, generally satisfies this requirement without live witness testimony.
If the will isn’t self-proved, the applicant must produce testimony from one of the signing witnesses confirming the testator signed voluntarily with sufficient capacity. If no original witnesses are available, Texas law allows other evidence, including handwriting testimony. However, this process is more complicated and burdensome.
Independent Administration vs. Muniment of Title
Once the court deems a will valid, it issues an order admitting the will to probate.
Most probate applications request independent administration, which lets the executor manage the estate with minimal court supervision. Here, the court awards the executor “Letters Testamentary,” authorizing them to collect assets, pay debts, and distribute property without additional court approval at each step.
When the estate has no outstanding debts other than those secured by real estate, the court may instead admit the will as a “muniment of title” under Estates Code Chapter 257. This transfers property title directly to beneficiaries through the court’s order, without appointing an executor.
Speak to a Probate Attorney for Help
Texas Estates Code § 256.003 generally bars a will from being admitted more than four years after death. Therefore, you shouldn’t wait to take action after the death of a loved one.
An experienced Texas estate planning attorney can help ensure the application is filed correctly and the process moves forward without unnecessary delay. Call Porter Law Firm today for the assistance you need.