What form do I need to submit to the probate court?

Full question:

The form number to turn in to the county Probate court

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Texas

Answer:

The required form depends on factors like the owners named on the deed, the estate's value, and other specifics. If property is owned as joint tenants with right of survivorship, it automatically passes to the surviving owner outside of probate. In such cases, the process for transferring the deed varies by local recording office, typically requiring a copy of the death certificate and a fee. It's best to contact the recorder's office in the county where the property is located for local requirements.

When a person dies, their assets go through probate. If there is a valid will, an executor is appointed to manage the estate's distribution. The court issues testamentary letters to the executor, granting them authority over the deceased's affairs. To transfer the decedent's real property interests, the executor executes an executor's deed or fiduciary deed. For instance, if a joint tenant dies, the executor can execute a fiduciary deed to transfer their interest to the remaining joint tenants or to others entitled under the will.

In Texas, if the total value of the estate's assets (excluding homestead and exempt property) is $50,000 or less, a small estate affidavit can be used. After court approval, this affidavit allows the collection of debts owed to the decedent. It must be filed with the clerk of the court in the county where the deceased lived and must include details about the estate's assets and liabilities, the distributees' names and addresses, and relevant family history to establish heirship. Once approved, the affidavit can be presented to collect the property or money owed. Note that distribution policies without an affidavit may vary by company.