How to submit an original will to a Texas probate court when you live out of state — FAQ

Disclaimer: I am not a lawyer. This is general information about Texas probate practice and is not legal advice. For advice about your situation, contact a licensed Texas probate attorney or the probate court clerk in the county where the decedent lived.

Q: I live out of state. What should I do to submit the original will to the Texas probate court?

Short answer

File the original will with the probate court in the Texas county that has jurisdiction (usually the county where the decedent was domiciled when they died). Contact the court clerk first, gather required documents (original will, certified death certificate, filing fee, contact info), follow the clerk’s instructions for mailing or courier delivery, and ask whether the will is self-proved or whether witnesses must appear. Consider hiring a Texas probate attorney to handle filings, hearings, and appointment as executor/administrator if you are named in the will.

Detailed answer — step-by-step

1. Confirm the correct court and venue. In Texas, probate normally occurs in the county where the decedent was domiciled when they died (or where substantial estate property is located). The local county court, county court at law, or statutory probate court will handle the case. If you are unsure which court to use, call the county court clerk in the county where the decedent lived.
2. Call the probate or county clerk before you mail anything. Each county’s clerk has its own procedures, forms, and fee schedule. Ask the clerk these specific questions: which court handles probate in that county; current filing fee; whether the court accepts mailed/original-will filings; whether the court has a standard probate application form; whether a hearing will be scheduled; and whether the clerk can return the original will after filing (and how that return is handled).
3. Gather required documents. Typical documents the court will want include:
   • The original will (never send the only original without keeping at least a good copy).
   • A certified copy of the death certificate (many clerks require this with the filing).
   • A completed application for probate (county-specific forms are common).
   • A cover letter with your name, mailing address, phone number, email, and your relationship to the decedent.
   • A check or payment for the filing fee per the clerk’s instructions.
4. Check whether the will is self-proved. A self-proved will generally includes sworn affidavits and notarization from the witnesses at signing, which often allows admission without live testimony from witnesses. If the will is self-proved, the admission process is usually simpler. If the will is not self-proved, the clerk or court may request that the attesting witnesses testify (in person or by sworn affidavit) or that an evidentiary hearing occur.
5. Use secure, trackable shipping and document everything. If the clerk permits mailing the original will, use an insured overnight courier or certified mail with return receipt. Include a cover letter saying the will is submitted for probate and request a written acknowledgement that the clerk received and filed the original will. Keep copies of everything you send and the proof of delivery/tracking information.
6. Ask about return or safekeeping of the original will. Some clerks will file-stamp the original and store it. Others will require the original stay with the court until after the probate hearing or until the clerk can return it. Ask whether the clerk will return the original after filing and how long that takes. If you want the court to release the original after filing, request that in writing and follow local policy.
7. If you are the nominated executor (personal representative). You can often serve even if you live out of state, but procedures vary. The court issues letters testamentary (proof of authority) after admission of the will and appointment. The court may require you to post a bond or appoint a Texas resident agent in some circumstances. Ask the clerk about bond requirements and whether you will need to appear for a hearing to qualify.
8. Be prepared for a hearing or additional steps. If someone contests the will or if witnesses are not self-proved, the court may set a hearing. If the estate is small or there are no unpaid creditors, a simplified process (such as probate as a muniment of title) may be available. Discuss options with the clerk or an attorney.

Key Texas statute reference

For the formal procedure to begin probate of a will in Texas, see the Texas Estates Code (probate statutes). For an overview of the application to probate a will, see Texas Estates Code §256.001 and related sections:

Texas Estates Code §256.001 — Application for probate of will

Note: local court rules and clerk practices control many practical aspects of how you physically submit an original will.

Common problems and how to avoid them

• Sending the original with no copy: Make a high-quality copy of the original before you send it. Keep the copy and proof you sent the original.
• Not checking local clerk procedures: Calling the clerk first avoids delays and unexpected requirements (forms, fees, return policies).
• No proof of delivery: Use trackable, insured shipping and keep receipts.
• Witnesses unavailable: If the will isn’t self‑proved, arrange for witness affidavits if the witnesses cannot appear live. Ask the clerk whether affidavit proof will be accepted.
• Delay in returning the original: Understand the county’s retention policy. If you must have the original returned quickly, discuss that upfront and consider retaining a Texas attorney to file in person.

Helpful hints

• Contact the county court clerk in the county where the decedent lived to confirm the proper court, filing fee, and exact mailing address.
• Ask whether the county accepts electronic filings or scanned uploads (some courts have modern options; many still require physical originals).
• Keep a clear chain of custody: photograph or scan the original before mailing and keep shipping/tracking and delivery receipts.
• If you are appointed personal representative and live out of state, ask whether you must appoint a local agent, appear in person, or post a bond.
• Consider hiring a local Texas probate attorney to handle filings, hearings, and return of the original will. An attorney can often file and appear on your behalf, which avoids travel and reduces risk to the original document.
• If there are no creditors and the estate is straightforward, ask whether probate as a muniment of title is available—this is often faster and less costly.
• Record all communications with the clerk in writing (email is best) so you have a paper trail of instructions and confirmations.

When to get legal help

Consider hiring a Texas probate attorney if any of these apply:

• The will is contested or someone threatens litigation.
• The will is not self-proved and witnesses are unavailable or deceased.
• You are named executor but live out of state and are unsure of bond/appearance requirements.
• The estate has significant assets, unusual property (business interests, real estate out of Texas), or potential creditor claims.

Even if you plan to handle routine filings yourself, a short consultation with a Texas probate attorney can identify pitfalls and save time.