Probate

Please note that Court staff can inform you about the services of the Court and answer questions about Court policy; however, Court staff cannot provide legal advice or answer legal questions. If you need legal research or legal advice, you should consult an attorney.

Setting Probate Hearings:

Uncontested probate matters are heard on designated Monday afternoons at 1:30 PM in-person. Email Ms. Norma Limon Norma.LimonCCl2@fortbendcountytx.gov to request hearing dates. Contested matters will also be set by email request.

Important Probate Information:

Court’s policy regarding Pro Se Applicants [PDF]

Personal Representative General Information Sheet

A Personal Representative General Information Sheet needs to be completed for all persons that are appointed in a fiduciary role (Executor, Administrator, Guardian). If multiple persons are appointed in a case, a form needs to be completed for each individual.

Please return all completed Personal Representative General Information Sheets [PDF] directly to the Court, by emailing the Probate Auditor at Norma.LimonCCL2@fortbendcountytx.gov

Docket Settings

Proposed Orders and/or Judgments

It is the Court’s policy to review – prior to the hearing date – all documents. Proposed Orders and Judgments must be received no later than 10:00 A.M. on the Monday the week before the scheduled hearing. By reviewing the documents before the hearing, the Court can ensure that hearings run smoothly and efficiently for participants.

• PLEASE E-FILE ALL DOCUMENTS WITH THE COUNTY CLERKS OFFICE AT LEAST ONE WEEK PRIOR TO YOUR HEARING DATE. DO NOT EMAIL PROPOSED ORDERS AND/OR JUDGMENTS DIRECTLY TO THE COURT, UNLESS DIRECTED TO DO SO.
• Testimony via Deposition on Written Questions/Posted Notice Requirement: Applicants wishing to submit testimony via Deposition on Written Questions must meet TEC 51.203 requirements, including first posting citation. Deposition response(s) must be filed at least one week prior to the docket.

Small Estate Affidavits

Requirements for Court consideration of Small Estate Affidavits:

• All filed (including Amended) Small Estate Affidavits must be on the form provided on this website. (See links below.)
• An Original Death Certificate must be provided to the Court’s Probate Auditor. E-filing is acceptable.
• Small Estate Affidavit Checklist [PDF]
• Small Estate Affidavit Form [PDF]
• Texas Descent and Distribution Chart [PDF]

Muniment Of Title Proceedings

1. Medicaid Estate Recovery Program: See the Court’s policy on Muniments of Title and Medicaid Benefits [PDF]
2. Probating a Will more than Four Years after the Death of the Testator requirements:

• Reference “more than four years after death of testator” in the title and body of the application and order.
• Form – Affidavit Waiving Citation and Waiving Objection for Probate of a Will More than Four Years after Decedent’s Death [PDF]

Independent Administrations – Wills

Important Information

• Exact names and aliases: The Court requires all pleadings to reference the names of all persons including the Decedent and the Executor(s), as they appear in the Will, even if the person is now known by another name. The referenced name can be followed by the “now known as” name – or any other a/k/a or f/k/a name.
• Alternate Executor: If anyone other than the first-named Executor in the Will is being appointed, include the name of the first-named Executor and the reason why he or she cannot serve. This information needs to be included in the Application and in the proposed Order.
• Probating Codicils: Reference “Codicil” in the title of all document(s) as well as throughout the document(s).
• Probating a Will that is not Self-Proved and/or a Holographic Will:
  • All necessary witnesses are required to be present in Court to provide testimony.
  • All witness testimony shall be reduced to writing, and may be provided via affidavit prior to or post-hearing.
• Probating a Copy of a Will or Codicil, or a Lost Will or Codicil:
  • Reference “copy” in the title and throughout the Application and Order. Also, reference “copy” in the "Proof of Death and Other Facts" and "Oath".
  • File in person, the copy of the Will or Codicil that is being offered for probate with the County Clerk as if it were an original document. This allows the Court to properly evaluate the copy of the Will or Codicil that is being offered for probate.
  • Form - Affidavit Waiving Citation for Probate of a Copy of a Lost Will or Codicil or Probate of a Lost Will or Codicil without a Copy [PDF]

Dependent Administrations

The Court will require a Dependent Administration if a Decedent dies intestate and any heirs are minors, unless extraordinary circumstances are brought to the Court’s attention.

Heirship Proceedings

• Proposed Judgments for heirship proceedings must comply with the intestate distribution laws. Even if the Applicant indicates the estate consists of only community property, the Judgment must address distribution of separate property. The court will not make a finding as to the character of the property.
• Two disinterested witnesses are required to prove up heirship.
• An Affidavit of Service of Citation pursuant to TEC 202.057 must be e-filed at least one week prior to the scheduled hearing date.
• See Texas Descent and Distribution Chart [PDF]

Guardianship Proceedings

• Under TEC 1054.201, all attorneys wishing to serve as an attorney ad litem and all attorneys filing a guardianship application must (i) complete the four-hour certification course, or (ii) complete the one-hour addendum course to supplement the previously required three-hour certification course.
• All applicant attorneys filing a guardianship proceeding must e-file a copy of this certification along with the application.

Guardianship Forms

Guardian's Report On The Condition And Well-Being Of A Ward [PDF]

Health Care Providers Certificate of Medical Examination [PDF]

Representative Payee Report [PDF]