How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Texas

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.

Detailed Answer

When someone dies leaving a will, Texas law requires the original document or a certified copy to be filed with the probate court to start estate administration. You have two common scenarios:

1. You Possess the Original Will

1. Locate the Probate Court: File in the county where the decedent resided at death. Identify the correct statutory court (e.g., county court at law, statutory probate court).
2. Prepare the Application: Complete an Application for Probate and attach the original will. Refer to Texas Estates Code §256.101 (ES §256.101).
3. File with Clerk: Submit the signed application and original will to the clerk. Pay any filing fees and request certified copies if needed.
4. Notice and Hearing: After filing, the court sets a date for a hearing. You must provide notice to heirs and beneficiaries as required by Texas Estates Code Chapter 309.

2. You Need a Filed Copy or Original Will Is Lost

1. Request a Certified Copy: Contact the county clerk’s office where the decedent filed or deposited the will. Under Texas Estates Code §256.002, the clerk keeps wills deposited for safekeeping (ES §256.002).
2. Submit Request: Complete the clerk’s certified copy request form. Provide the decedent’s name, date of death (if known), and pay the copying fee.
3. File Certified Copy: Attach the certified copy to your Application for Probate. The court treats it like an original. Note any lost-original circumstances to satisfy the court that the original cannot be found.
4. Supplemental Hearing: The court may require additional proof or an indemnity bond under Texas Estates Code §256.151 if the original is lost or destroyed.

Helpful Hints

• Confirm the decedent’s domicile to choose the correct county court.
• Obtain multiple certified copies—beneficiaries and financial institutions often require them.
• Keep a proof-of-service file with stamped notices to heirs and beneficiaries.
• Check local court rules for additional filing requirements or forms.
• Maintain organized records: applications, receipts, certified copies, and correspondence.