Texas has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Statutory probate court where one exists; otherwise the county court at law exercising probate jurisdiction or the constitutional county court (Tex. Est. Code ch. 32). After the court grants the petition, County clerk, after the court signs the order admitting the will / granting letters and the representative qualifies (oath or declaration, and any bond) issues your Letters Testamentary (with a will) or Letters of Administration (without a will).
Along with the petition, Texas generally requires: Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — attorney-drafted, no statewide form; Original will and any codicils, filed with the application (Tex. Est. Code ch. 256); Certified copy of the death certificate / proof of death; Citation/notice posted or served as required before the hearing (Tex. Est. Code ch. 258); Proposed order admitting the will / granting letters for the court to sign (Tex. Est. Code ch. 306); Representative's oath, and bond unless waived (Tex. Est. Code ch. 305); Inventory, appraisement, and list of claims filed after appointment (Tex. Est. Code ch. 309).
Yes. Texas requires a bond by default before Letters issue. A will can waive it. Beneficiaries can also waive it in writing.
Texas restricts self-represented filing. E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for Texas.
Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Texas — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.
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Getting Appointed in TexasTex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Jul 15, 2026View source
Personal Representative — executor (testate) or administrator (intestate); most often serving as INDEPENDENT executor/administrator under Tex. Est. Code ch. 401-404
Where you file
Statutory probate court where one exists; otherwise the county court at law exercising probate jurisdiction or the constitutional county court (Tex. Est. Code ch. 32)
The form that opens the estate
No statewide fill-in form · Attorney-drafted pleading
What the court issues (with a will)
Letters Testamentaryissued by County clerk, after the court signs the order admitting the will / granting letters and the representative qualifies (oath or declaration, and any bond)
Letters are an output — the court issues them after granting the petition.
At a glance
UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms
eFileTexas is the statewide e-filing system for civil and probate cases; e-filing is mandatory for attorneys and optional for self-represented filers. But e-filing access is not the constraint. The constraint is who may bring the application at all: the statutory probate courts require an applicant for letters testamentary or letters of administration to be represented by a licensed attorney, on the reasoning that an executor "represents the interests of beneficiaries and creditors" rather than only himself (Travis County Probate Courts, Court Policy Regarding "Pro Se" Applicants, 10/1/2024). A self-represented filer with a working e-filing account still cannot open the estate.
Texas has no statewide probate application or Letters forms; the actual paperwork (application to probate the will / for letters, proof of death and will, proposed order, oath, and any small estate affidavit) is local to each statutory probate court, county court at law, or constitutional county court. Larger counties (Harris, Dallas, Bexar, Tarrant, Travis, Collin, Denton, El Paso, Fort Bend, etc.) have statutory probate courts with their own local rules and filing requirements.
BondTex. Est. Code § 305.101 (bond generally required; excepted when the will directs no bond and the executor is found qualified, and for corporate fiduciaries) and § 401.005(a-1) (court may waive bond where the will is silent and all distributees agree)Verified Jul 15, 2026View source
Required before Letters
Yes
Waivable by will
Yes
Waivable by beneficiaries
Yes
What to file with the petition
Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — attorney-drafted, no statewide form
Original will and any codicils, filed with the application (Tex. Est. Code ch. 256)
Certified copy of the death certificate / proof of death
Citation/notice posted or served as required before the hearing (Tex. Est. Code ch. 258)
Proposed order admitting the will / granting letters for the court to sign (Tex. Est. Code ch. 306)
Representative's oath, and bond unless waived (Tex. Est. Code ch. 305)
Inventory, appraisement, and list of claims filed after appointment (Tex. Est. Code ch. 309)
Small-estate alternative
Bypasses full Letters
Yes
State-specific notes
Independent administration (Tex. Est. Code ch. 401-404) is the dominant Texas model: once the court admits the will and grants independent letters, the executor administers with minimal court supervision after filing the inventory. § 401.001(a) lets a testator provide in the will "that no other action shall be had in the probate court in relation to the settlement of the person's estate than the probating and recording of the will and the return of any required inventory, appraisement, and list of claims." Where the will is silent (§ 401.002) or there is no will (§ 401.003), an independent administration can still be created by agreement of all the distributees. Bond: the will can direct that none be required (§ 305.101(b)); failing that, the court MAY waive bond if all distributees agree and waiver is not against the estate's best interest (§ 401.005(a-1)). Muniment of title (§ 257.001) lets a will be probated to pass title with no administration and no letters when the court is satisfied the estate "does not owe an unpaid debt, other than any debt secured by a lien on real estate," or finds no necessity for administration — and it is one of only two proceedings the statutory probate courts let a non-lawyer bring, and then only when all beneficiaries are co-applicants. Small estate affidavit (§ 205.001) is the other: intestate only, 30 days after death, assets excluding homestead and exempt property not exceeding $75,000. None of these produce a statewide fillable appointment form.
A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.
This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15
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