Settled EstateTexas probate forms
Texas Probate Forms Finder
Find the forms you need based on your situation. Texas does not have mandatory statewide probate forms, but common templates are available through Texas Law Help and county courts.
Find your county court
Probate is filed at the county level, not the state level, and we do not yet have a statewide county-court lookup for Texas. Search online for the probate court in the county where the deceased lived.
Official sources
- Texas Law Help - Probate FormsFree legal forms and instructions for Texans including Small Estate Affidavit
- eFileTexasElectronic filing portal for Texas courts
- Texas DMV FormsVehicle title transfer forms including Affidavit of Heirship
- Texas CourtsOfficial Texas courts website with court information
Texas probate procedures
Will DepositAnyone holding the original will
Forms for filing the original will with the court (required after learning of death)
Forms
- Will Filing / Deposit Cover Sheet
Cover sheet or transmittal for filing the original will with the County Clerk
Independent AdministrationExecutor named in will that authorizes independent administration
Most common probate type in Texas. Allows executor to act without court supervision for most tasks.
Who qualifies
- Will names an independent executor
- OR all beneficiaries agree to independent administration
- Will is valid and properly executed
Forms
- Application to Probate Will and for Issuance of Letters Testamentary
Primary petition to admit the will to probate and appoint the independent executor - Proof of Death and Other Facts
Sworn statement about the deceased, their heirs, and circumstances of death - Oath of Independent Executor
Executor's sworn oath to faithfully perform duties - Order Admitting Will to Probate
Court order officially admitting the will and appointing executor - Letters Testamentary
Official document proving executor's authority to act on behalf of the estate
Muniment of TitleBeneficiaries of estates with no unpaid unsecured debts
Simplified probate when there are no unpaid debts (except secured debts). No executor appointed.
Who qualifies
- Valid will exists
- No unpaid unsecured debts (mortgages OK)
- No administration of the estate is necessary
- Must file within 4 years of death
Forms
- Application to Probate Will as Muniment of Title
Petition requesting the court to admit the will as evidence of title transfer only - Proof of Death and Other Facts
Sworn statement about the deceased and their property - Judgment Admitting Will as Muniment of Title
Court judgment that can be recorded with county clerk to transfer property titles
Small Estate AffidavitHeirs of estates under $75,000 with no will
For small estates under $75,000 (excluding homestead and exempt property) when there is no will
Who qualifies
- No will exists (intestate)
- 30 days have passed since death
- Estate value (excluding homestead and exempt property) is under $75,000
- No petition for appointment of personal representative is pending or granted
- All distributees must sign the affidavit
Forms
- Small Estate AffidavitSEA
Sworn statement listing assets, debts, and distributees for court approval
Affidavit of Heirship (Real Property)Heirs wanting to transfer real property without full probate
For transferring real property when there is no will and no probate is filed
Who qualifies
- No will exists (intestate)
- Must have two disinterested witnesses who knew the deceased
- Witnesses cannot be heirs or have interest in the estate
Forms
- Affidavit of Heirship
Sworn statement identifying the legal heirs of the deceased, signed by two disinterested witnesses
Dependent AdministrationAdministrators when independent administration is not available
Full probate with court supervision. Required when will doesn't authorize independent administration and heirs don't agree.
Who qualifies
- Will doesn't authorize independent administration, OR
- No will exists AND heirs don't agree to independent administration, OR
- Court orders dependent administration
Forms
- Application for Letters of Administration
Petition to be appointed administrator of the estate - Bond (Personal Representative)
Surety bond required for dependent administrators - Inventory, Appraisement, and List of Claims
Complete list of estate assets with values and all known creditor claims
Creditor NoticesExecutors and administrators in independent or dependent administration
Required notices to creditors in formal administration
Forms
- Notice to Creditors (Publication)
Notice published in newspaper to alert unknown creditors - Notice to Secured Creditors
Direct notice sent to known secured creditors within 2 months
Vehicle Transfer (Texas DMV)Heirs or executors receiving vehicles
Forms for transferring motor vehicle titles after death
Forms
- Affidavit of Heirship for a Motor VehicleVTR-262
Affidavit to transfer vehicle ownership when there is no will and probate hasn't been opened - Application for Texas Title and/or Registration130-U
Standard application form for vehicle title transfer
Good to know
- Texas does not have mandatory statewide probate forms - check with your county for local forms
- Filing fees vary by county; $300 is typical for most probate filings
- Texas allows DIY probate - you do not need an attorney for most procedures
- E-filing is available through eFileTexas.gov in most counties
- The 4-year deadline to probate a will is strictly enforced
- Texas Law Help (texaslawhelp.org) provides free forms and instructions
Form names and availability come from official Texas court sources and can change. Settled is an informational tool, not a law firm. Confirm the current forms with your probate court or an attorney before filing.