Probate (With Will) Form

  • Section I. Information about the Applicant

  • Section II. Information about the Decedent

  • City, State and County.
  • Street, City, State, Zipcode and County.
  • Spouse Full NameDate of MarriageDivorced Date (if applicable)Death Date (if applicable) 
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  • Section III. Information Regarding the Decedent’s Will

    A self-proved will contains notarized language at the end of the Will that is nearly identical to the following:

    Before me, the undersigned authority, on this day personally appeared [Decedent’s Name], [Witness#1] and [Witness#2], known to me to be the testator and the witnesses, respectively,whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said [Decedent’s Name], testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament, and that he had willingly made and executed it as his free act and deed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator....
  • First NameMiddle NameLast Name 
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    Provide two witnesses.
  • Executor NameStreet AddressCity/State/Zip 
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  • Section IV. Information Regarding Decedent’s Heirs

    The Texas Estates Code requires personal representatives to give notice to all will beneficiaries within sixty days of the date a decedent’s will is probated. Therefore, please provide the following information for ALL persons named as beneficiaries in the Decedent’s Last Will and Testament:
  • Column Full NameAddressDeceased (Y/N)?Date of Death (if applicable) 
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  • Section V. Information for the Inventory, Appraisement and List of Claims

    Description of Decedent’s Assets (Do not include "JTWROS", "POD" or other assets that transfer automatically upon the death of the Decedent.)
  • Community property consists of the property, other than separate property, acquired by either spouse during marriage. A spouse's separate property consists of: 1) the property owned or claimed by the spouse before marriage; 2) the property acquired by the spouse during marriage by gift or inheritance; and 3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. All property that is acquired during the marriage is presumed to be community property unless proven otherwise.
  • Estimated "Fair Market Value" of Property (i.e. the price you would get if sold at an estate sale)
  • Estimated "Fair Market Value" of Property (i.e. the price you would get if sold at an estate sale)
  • Section VI. Information Regarding Decedent’s Debts

    Description of Decedent’s Debts:
    A muniment of title proceeding is a simplified probate where in the court does not appoint an executor because no administration is necessary. The court’s Order Admitting Will to Probate gives the Will legal effect and constitutes sufficient legal authority to all persons to pay or transfer estate property to the persons described in the Will as the beneficiaries of the property. Most financial institutions, however, insist on only releasing estate funds to a court-appointed executor by requiring "Letters Testamentary" or "Letters of Administration" prior to releasing funds. In that event you have no choice but to ask the court to appoint an executor.