Detailed Answer

This FAQ explains the typical documents you must prepare to apply for appointment as a personal representative (executor or administrator) and to file the oath in a Texas probate proceeding. This is a general guide only. Probate practice varies by county and by whether the estate is being probated as a full administration, as muniment of title, or using a small‑estate procedure.

Which court handles the application?

In Texas, probate is handled in the county probate court, county court at law, or statutory probate court (in counties that have one). Check your county’s local rules or the Texas Judicial Branch self‑help probate page for contact information and filing requirements: https://www.txcourts.gov/programs-services/self-help/probate/. For the governing statutes, see the Texas Estates Code: https://statutes.capitol.texas.gov/?link=ES.

Basic categories of probate filings

• Application for probate of a will and for issuance of letters testamentary (when there is a will).
• Application for appointment of an administrator (when there is no will).
• Application for probate as muniment of title (where the will is admitted only to transfer title and no administration is required).
• Affidavits or small‑estate alternatives for limited distributions (available in narrow circumstances).

Documents commonly required to apply for appointment and to file the oath

Below is a practical checklist. Your county court may require different forms or additional information; always check local filing rules and the court’s probate clerk.

1. Application or Petition for Probate / Appointment

   The formal pleading that opens the probate case. It will ask whether the decedent left a will, the names and addresses of heirs and beneficiaries, the proposed personal representative, and the relief you seek (letters testamentary or letters of administration).

2. Original Will (if any)

   If the decedent left a will, file the original will with the application whenever possible. If the original is not available, you will need to explain why and the court may require an affidavit and additional proof.

3. Certified Death Certificate

   A certified copy from the state vital records office or the county clerk. Courts commonly require a certified death certificate to open a probate file.

4. List of Heirs, Devisees, and Interested Persons

   Names, addresses, telephone numbers, and relationship to the decedent for all heirs and beneficiaries. The court uses this information to issue citation and give notice.

5. Affidavit of Applicant / Oath

   The applicant must sign an affidavit or take the statutory oath swearing to perform duties faithfully. In many counties the oath form is filed at the time of application or immediately after appointment. The court clerk will record the oath in the file and the judge will approve it when issuing letters.

6. Acceptance of Appointment / Letters

   Some courts require a written acceptance by the proposed personal representative either at filing or after appointment. After the court appoints the representative and approves the oath and bond, it issues Letters Testamentary or Letters of Administration.

7. Bond (if required)

   The court may require a surety bond for the personal representative unless the will waives bond or the court dispenses with it. File a bond form and evidence of surety (insurance company or qualified individual). If the will waives bond, file a certified copy of the will provision that waives bond.

8. Renunciations or Consents from Co‑Nominees

   If other nominated executors or co‑administrators exist, their written renunciations or consents can simplify the process instead of serving notice and obtaining an order.

9. Affidavit of Heirship or Small‑Estate Affidavit (when appropriate)

   When there is no will and assets meet statutory small‑estate caps, or when transferring real property without full administration, specific affidavits may be used. These are narrow procedures and have statutory eligibility rules; do not assume they always apply.

10. Proof of Notice and Service Documents

    After filing, the court will require proof that interested parties were served or given notice. This may be citation returned by the sheriff, certified mail receipts, or filed waivers of citation.

11. Filing Fee and Miscellaneous Court Forms

    Pay the county filing fee. Counties may also require local forms, civil cover sheets, or information sheets about the decedent’s property.

Sequence and practical notes

• File the application with the probate clerk where the decedent lived at death.
• If you have the original will, file it with the application. The court usually sets an initial hearing or allows clerks to process uncontested probates.
• After appointment, the personal representative takes the oath and, if appropriate, posts bond. Only then will the court issue Letters that third parties (banks, title companies) accept as proof of authority.
• If the will waives bond, you still usually must file the will‑waiver language and the oath for the court to issue Letters.

Where to find forms and statutes

Check these resources:

• Texas Estates Code overview and statutes: https://statutes.capitol.texas.gov/?link=ES
• Texas Judicial Branch—probate self‑help and county contact information: https://www.txcourts.gov/programs-services/self-help/probate/
• Local county court website or clerk’s office for local forms, filing fees, and scheduling.

When to get a lawyer

Consider hiring an attorney if the estate is complex, contested, includes business interests, significant real property, or creditor disputes. An attorney can prepare the pleadings, handle service and notice, and advise on bonds and tax or creditor deadlines.

Helpful Hints

• Contact the probate clerk before filing to confirm exactly which forms and copies the county requires.
• Always bring the original will when you file. If you cannot find it, prepare a sworn statement describing your search.
• Order several certified copies of the death certificate early. Banks and agencies often require them.
• Prepare a simple list of assets and their locations. The court will later require an inventory; giving the clerk and prospective surety a heads‑up about estate size helps with bond estimates.
• If a will nominates an executor, the court usually gives that person priority; other heirs can object and the court will decide if the nominee is suitable.
• Do not sign a bank’s “release” or transfer papers before the court issues Letters or the bank accepts an informal affidavit. Many banks will require Letters or certified copies of them to release funds.
• Keep good records of all filings, notices, and receipts—this will make the administration transparent and reduce future disputes.

Disclaimer

This article is for general informational purposes only and does not provide legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Texas probate attorney or contact the probate clerk in the county where the decedent lived.