States / Texas
After a death in Texas
Where to look for a will, who to ask and where to search for money in Texas.
The will
Which court handles probate
Probate is filed in the county where the person lived (county court, or a statutory probate or district court in some counties).
"in the county in which the decedent resided, if the decedent had a domicile or fixed place of residence in this state"
Read the source (an unofficial copy of the law).
What to do with the original will
No statute found requiring a deadline to deliver a will. A will is not effective until probated, and it generally cannot be admitted to probate after the fourth anniversary of death unless the applicant was not in default.
"a will may not be admitted to probate after the fourth anniversary of the testator's death"
Tex. Est. Code § 256.003. Read the source (an unofficial copy of the law).
Wills deposited during life
A testator, or someone for the testator, may deposit the will with the county clerk of the county of the testator's residence for a $5 fee; the clerk issues a certificate of deposit.
"A testator, or another person for the testator, may deposit the testator's will with the county clerk"
Tex. Est. Code § 252.001. Read the source (an unofficial copy of the law).
Opening a safe deposit box
The box lessor may let the spouse, a parent, an adult descendant, or a person named as executor in a copy of the will examine the box, in the lessor's presence, to look for a will, burial plot deed or insurance policy. A probate judge can also order an examination.
"may permit examination of the document"
Tex. Est. Code §§ 151.001, 151.003. Read the source (an unofficial copy of the law).
Searching for a will or case
Ask the county clerk of the county where the person lived whether a will was deposited for safekeeping (rare).
"you can ask the county clerk's office to see if it's been deposited for safekeeping."
Unclaimed money
Texas Comptroller of Public Accounts
"Business and individuals can search for their unclaimed property at ClaimItTexas.gov."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Death certificates
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First copy $20.00, more copies in the same order $3.00 each. For deaths within 25 years, immediate family may apply. Others must document a direct, tangible interest, such as a court order or beneficiary policy.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.