What happens next
- Locate the original will and all amendments. Gather the death certificate, the county of residence and any documents showing how major assets were held at death.
- Identify which court procedure fits. Counsel can compare probate with a representative, proving a will to establish title when available, and applicable alternatives. If there is no will, identifying the legal heirs may require a separate court determination.
- If a court application is needed, complete filing and notice requirements, prepare the necessary proof and attend the hearing as directed. A bank may ask the appointed representative for certified letters showing authority.
Timing and deadlines
Texas generally requires a will to be presented for probate within four years after death. A limited late-filing exception depends on proof that the applicant was not at fault for the delay. Ask about a late filing immediately. The four years are a filing issue, not an estimate of how long a case takes.
Costs and payment
The procedure affects court filing fees, service or publication, certified copies and attorney time. An heirship inquiry, disputed will or property in another jurisdiction may need a separate estimate.
How to prepare
- Gather known heirs’ names, addresses and family relationships, including children from prior relationships and relatives who died earlier.
- List assets that must be safeguarded, deadlines in any notices, and the location of originals. Describe missing documents without marking or altering the copies you have.
Questions and answers
I found only a photocopy. Can we still talk to the court?
Texas has additional proof requirements when the original cannot be produced. Bring the copy and document where you searched, who last held the original and who witnessed the signing. Counsel can assess what evidence is available.
My mother had a payable-on-death account. Does the bank need letters for that account?
Ask the bank for the signed designation and its claim requirements. A valid payable-on-death designation may allow the named beneficiary to collect directly. Other assets in the same family may still need probate.
The will names me executor. What can I safely do before court appointment?
Locate documents, identify urgent risks and keep a dated log of expenses and communications. The nomination alone may not give you authority to sell assets or use estate accounts. Ask what immediate protective steps are appropriate before signing anything as executor.
What if no one knows whether there was a will?
List places searched, prior attorneys, close relatives and any safe-deposit or will-storage information. Tell counsel what you know about family relationships and asset ownership. If a signed document later turns up, preserve it and tell counsel promptly.
Why does the lawyer ask where the person lived rather than just where they died?
The person’s residence, where property is located and any proceeding already opened elsewhere can affect which court or procedure is appropriate. Bring the home address at death, details of any move and paperwork from any other court.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.