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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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How do I file a will in Houston, Texas?

Customer Question

How do I file a will in Houston, Texas?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
You will need to file an Application to Probate will, the Original Will, Proof of Death and the Order Admitting Will to Probate.
Here are the forms
http://www.texasprobate.net/forms/index.htm#Probate%20of%20Will/Appointment%20of%20Independent%20Executor%20Proceeding
More forms for you to do Inventory,etc..
http://www.cclerk.hctx.net/Probate/Downloadable_Forms.aspx
When you file the Application the clerk posts notice and you contact the court this is assigned to for dates when they hear uncontested probate.
You get a time here and go to court then.You can go to the court early and watch some of these in front of you and see how it works.Judge swears you in and you testify tot he facts in your application ad proof of death.
The court issues the letters testamentary while you are there on site.This is what you need for any bank accounts, etc.It is your authority to act on behalf of the estate.
I appreciate the chance to help you today.Please let me know if you have more follow up.
Expert:  Ray replied 1 year ago.
You are looking at $250-$300 in filing fees.This is for regular court supervised probate.You will need a certified copy of death certificate to file with your application.
This has to be regular probate since it is not known the exact amount of recovery.
So here once you know the court--when you file it is assigned one of the four courts.My suggestion is he goes and files in person--walking in the original will so it is not lost.Only pro se people can file this manually in Harris County--any lawyer has to file it electronically.
Once he knows the court I suggest he take the proof of death , death certificate, and order and go see the clerk of the court.Go into the court room ,ask for the clerk see if you can get them to preview these documents to see if anything is lacking and therefore you have time to correct.
This minimizes the time when he returns to court as you know these forms are correct and will be signed.
I wish you the best here.
The metro train stops across the street.The courts all four and the clerk all in same building.
Here are the actual courts and their location on Caroline.
http://www.harriscountytx.gov/probate/
There are like 2 hour meters close by too if he drives.
Thanks again.
JA will email you our chat when you positive rate.Thanks again and good luck.
You will likely see the associate judge, you don't see the head judge unless it is contested.

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