Losing a loved one is an emotional and challenging experience for the people left behind to grieve, but dealing with legal matters after their passing can be overwhelming. If you’re trying to find the will of a deceased person in Texas, the process will depend on whether the will was filed with the court before the passing. Understanding the process can help you find the information you need more easily. For those asking: How Do I Find A Will Of A Deceased Person In Texas, you will find this article enlightening.
In many cases, wills become public records once they go through probate, making them accessible through county probate courts. Probate is the legal process in which a court oversees the distribution of a deceased person’s assets according to their will. If the will has gone through probate, you can usually access it through the county probate court where the deceased lived. However, if the will wasn’t filed, you may need to check with family members, attorneys, or other sources.
How Do I Find A Will Of A Deceased Person In Texas
In this guide, we will put you through the steps on how to locate a will, whether online or in person, and help you understand the process with ease.
Find out more about Probate Law in Texas
Steps To Find A Will Of A Deceased Person In Texas
1. Check if the Will Was Filed for Probate
When a person passes away, their estate may need to go through probate, which is the legal process of distributing their assets and settling debts. If the deceased person had a will, it must be filed with the probate court in the county where they lived before it can take effect. If the deceased person’s estate went through probate, the will should be filed with the probate court in the county where they lived. The can search court records online or visit the county clerk’s office in person.
a. Search Court Records Online (If Available)
Many Texas counties provide online access to probate records through their county clerk or probate court website.
- Visit the county’s official website- Most counties have a search portal for public records, including probate cases.
- Search by name- You can usually enter the deceased person’s full legal name to see if a probate case exists.
- Check for case details- If probate was filed, the online records may show case numbers, filing dates, and even digital copies of documents like the will or court orders.
Take note: Not all counties have online access, and some may require a small fee to retrieve records.
b. Visit the County Clerk’s Office in Person
If you can’t find probate records online, or if the county doesn’t offer online access, you can visit the county clerk’s office in person.
- Find the right courthouse- Probate cases are handled in the county where the deceased lived. You can check online or call the county clerk’s office to confirm where probate records are stored.
- Ask for assistance- At the clerk’s office, you can request probate records by providing the deceased person’s full name and date of death. Some offices may also require an ID or a written request.
- Pay fees required- There may be a small fee for copies of documents or record searches.
Visiting in person is often the best option if you need official copies of the will or other probate documents. It also allows you to speak with court staff who can guide you through the process.
2. Request a Copy of the Will
Once you have confirmed that the deceased person’s will was filed with the probate court, you can request a copy of it. Since probate records are usually public documents, you have the legal right to access them, though some restrictions may apply depending on the country.
How to Request a Copy
- Determine Where the Will is Filed- they are usually filed where the deceased lived. You can do that by checking the county clerk’s office or search online probate records. If probate was handled in another state or multiple counties, you may need to check each jurisdiction.
- Choose Your Method of Request- Once you know where the will is filed, you can request a copy through an Online Records Portals, Mail-in Requests or In-Person Requests
- Provide Required Information- The deceased person’s full legal name (as written in the will), Date of death, Probate case number (if available) and your relationship to the deceased
- Pay Any Required Fees- Courts often charge a small fee, which can vary by county.
- Receive the Will Copy- you can get it via online immediately if available. Or through the mail, though it takes weeks for the court to process it. Or you go in person, if lucky, you can get the copy that same day
What happens when a Will is not Probated
When a person passes away, their will originally goes through a legal process known as probate, which validates the document and ensures that assets are distributed according to the deceased’s wishes. However, in some cases, probate may not be necessary or initiated. There may be several reasons for this to happen and it could be that;
a. The Will is not a public record– Probate makes a will part of the public record, allowing anyone to access it through the court. If probate has not been filed, the will remains private, meaning that only those who possess it or have direct access to it know its contents.
b. Possible Locations of the will– that means it may still be in possession of the executor, the attorney who drafted it, or a family member. Sometimes, close family members, such as a spouse, child, or sibling, may have possession of the will, especially if the deceased entrusted them with it before passing away.
In Summary
Finding a deceased person’s will in Texas depends on whether it was probated. If the will went through probate, you can access it through the county probate court where the deceased lived. If it was not probated, it may still be in the possession of the executor, an attorney, or a family member. If no will is found or recognized by the court, Texas intestacy laws will determine how the estate is distributed. To ensure a thorough search, check court records, contact potential holders of the will, and consider legal assistance if needed.