Texas Probate Forms List (and Why Most Have No Number)
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Take the 2-minute assessmentThe Texas probate filings by path: independent administration, muniment of title, small estate affidavit, heirship, and the two numbered DMV forms.
Ask for "the Texas probate forms" and you hit the fact this post is built around: for court filings, there mostly are none. Unlike California's numbered DE-series, Texas probate runs on drafted documents: applications, proofs, oaths, and proposed orders, e-filed through eFileTexas, with formats that vary by county and samples posted by many clerks. The numbered forms that do exist live at the edges: the DMV's vehicle transfer forms and the fill-in templates Texas Law Help publishes for the do-it-yourself paths. Here is what actually gets filed, path by path, from our Texas forms reference data.
Will deposit: the free first filing
Whoever holds the original will files it with the county clerk as soon as practical after learning of the death. There is no fee and no case number required; some counties use a cover sheet, so call the clerk or check their site. The four-year clock to admit the will is running either way, which our Texas probate deadlines post covers.
Independent administration: the standard path
The most common Texas probate, and the set most people mean by "the forms":
| Document | When it is used | Fee |
|---|---|---|
| Application to Probate Will and for Issuance of Letters Testamentary | Opens the case | County-set, commonly around $300 |
| Proof of Death and Other Facts | With or combined into the application | none |
| Order Admitting Will to Probate | Signed by the judge after the hearing | none |
| Oath of Independent Executor | After the will is admitted | none |
| Letters Testamentary | Issued after the oath; the document banks accept | none |
Every one except the letters is a drafted document rather than a numbered form. Our letters testamentary guide covers what the letters let you do, and the independent administration guide covers the path itself.
Muniment of title: probate without an executor
When the estate has no unpaid debts besides those secured by real estate, Texas can admit the will as a muniment of title: no executor, no letters, just a judgment that transfers title. The filings are the Application to Probate Will as Muniment of Title (same county-set fee), Proof of Death and Other Facts, and the Judgment Admitting Will as Muniment of Title, which gets recorded to move real property. The muniment of title guide covers when it fits.
Small estate affidavit: the no-will shortcut
For intestate estates within the cap of Estates Code Chapter 205, currently $75,000 excluding the homestead and exempt property, the Small Estate Affidavit collects assets without administration. It cannot be filed until 30 days after death, every distributee signs, and the filing fee is county-set like the applications above. Many counties publish their own preferred version, so start from the local clerk's form rather than a generic one.
Affidavit of heirship: real property, no probate
When there is no will and nobody plans to open a case, an Affidavit of Heirship, sworn by people who knew the family, gets recorded in the deed records to establish who inherited real property. It is a recording, not a court filing, which is why it carries no court fee. The affidavit of heirship guide explains its limits, which are real: title companies often want it seasoned before insuring a sale.
Dependent administration and the creditor notices
When the will does not authorize independent administration, or there is no will and the heirs do not agree to one, the court supervises: Application for Letters of Administration, a personal representative's bond before letters issue, and the Inventory, Appraisement, and List of Claims after appointment. Formal administrations also carry the creditor notices: publication after letters issue, and direct notice to secured creditors within two months. The dependent administration guide covers the supervised path.
The two numbered forms: vehicles
The only form numbers most Texas families will touch are the DMV's. VTR-262, the Affidavit of Heirship for a Motor Vehicle, transfers a vehicle without probate when there is no will, and Form 130-U, the Application for Texas Title and/or Registration, accompanies any title transfer, probate or not. Both are filed with the county tax office, and our Texas vehicle transfer pages walk through the combinations.
Where the official sources live
Texas Law Help publishes free fill-in templates for the self-help paths, eFileTexas is the filing portal, the DMV hosts the vehicle forms, and each county clerk posts local requirements. Our Texas forms finder routes you by situation, and the Texas probate guide covers the process the filings belong to.
Frequently Asked Questions
Where do I download Texas probate forms?
For court filings there is no statewide download: they are drafted documents, with templates on Texas Law Help and samples on many county clerk sites. The numbered forms are the DMV's.
What does it cost to file?
Filing fees are set county by county; application fees commonly run around three hundred dollars, and recordings and vehicle transfers carry their own smaller fees.
Do I need a lawyer to file these?
Texas does not require one by statute for any of these paths, though courts expect drafted pleadings in administrations. Our probate without a lawyer guide covers where self-filing is realistic.
Which path needs which forms?
Will plus no debts: muniment of title. Will plus an executor who needs authority: independent administration. No will, small estate: the small estate affidavit. No will, real property only: the affidavit of heirship. Vehicles: VTR-262 and 130-U.
Related Guides
Frequently asked questions
Where do I get Texas probate forms?
What form do I file to start probate in Texas?
What is the Texas small estate affidavit form?
How do I transfer a car without probate in Texas?
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