Disclaimer: This article is for educational purposes only. It does not constitute legal advice.
Detailed Answer
When you need to view or obtain copies of estate files from a county probate division in Texas, you must contact the county clerk’s office. Each office sets procedures, but Texas law provides general guidelines. Here is the information you will typically need:
1. Decedent Information
- Full legal name as it appears on the probate petition.
- Date of death or approximate year.
- Last known county of residence (this determines which county clerk’s office holds the records).
2. Probate Case Details
- Cause or file number (if you know it). This number appears on court filings and speeds up your request.
- Type of documents you want, such as the will, inventory, orders, letters testamentary or administration.
3. Requester Information
- Your name and contact details (mailing address, email, phone).
- Proof of identity (some clerks require a copy of your driver’s license or other ID).
- Relationship to the estate (beneficiary, heir, attorney, or member of the public).
- Reason for the request (optional unless the county imposes restrictions on certain records).
- Payment method for copying fees. Most counties accept cash, check or credit card.
Statutory References
- Texas Government Code Chapter 552 – Public Information Act
- Texas Estates Code Chapter 22 – County Probate Courts
- Texas Government Code §552.221 – Fees
Helpful Hints
- Call the county clerk’s office before you visit. Confirm hours, fees and required forms.
- Ask if the office offers online requests or certified copies by mail.
- Bring a list of alternative name spellings in case records use a middle name or nickname.
- If the estate is recent, court clerks may add a processing delay—plan ahead.
- Review the courthouse’s fee schedule. Rates vary by county and by document type.