Detailed Answer
Under Texas law, a probate estate officially begins when someone files an application for probate with the county court in the county where the decedent resided. To find out if such an estate exists, follow these steps:
- Determine the decedent’s county of residence. See Tex. Estates Code §201.051(a), which states that probate proceedings typically occur in the decedent’s county of domicile.
- Search the County Clerk’s probate records. Most Texas counties maintain an online search portal. Visit the county clerk’s website or contact the clerk’s office. Search probate dockets, guardianship dockets or estate files by the decedent’s name or cause number.
- Review the court’s index. Some counties publish a “Probate, Guardianship & Mental Health” index listing all open and closed estates. This index helps you identify pending or concluded probates.
- Consult in-person records if necessary. If online records are incomplete or unavailable, visit the county courthouse. Request assistance from the clerk’s office to locate estate files by the decedent’s name. You may pay a small copying fee to view or obtain copies.
- Verify the cause number and estate status. Once you locate a file, note the cause number. Check subsequent entries for orders appointing a personal representative or concluding the estate. See Tex. Estates Code §22.003 for independent administration requirements.
If no probate application appears, the estate may not have been opened or could be filed under a different name, such as “Estate of [Decedent’s Name].”
Helpful Hints
- Use the decedent’s full legal name, including any middle name or initial.
- Search for variations (for example, “Estate of John Doe”).
- Review notices to creditors published under Tex. Estates Code §308.051.
- If the decedent owned real property in multiple counties, check probate records in each relevant county.
- Some counties require in-person requests for older probate files.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice tailored to your situation.