Texas Probate Forms: Every Document You Need and Where to Get It

One of the most confusing aspects of Texas probate is that there is no single form library. Unlike some states that centralize all their probate forms on a state court website, Texas spreads the required documents across the Department of State Health Services, the DMV, the Comptroller's office, and individual county probate courts — all of which use different forms and have different filing procedures.

This guide maps every major form you are likely to encounter, where to get it, and what it is used for.

Before Probate: Death Certificates

Texas DSHS Form VS-142 — Mail-In Request for Certified Death Record Issued by: Texas Department of State Health Services, Vital Statistics Section

Before any probate proceeding can begin, you need certified copies of the death certificate. Banks, insurance companies, brokerage firms, the county clerk, and the DMV all require an original certified copy — not a photocopy.

Cost: $20 for the first certified copy, $3 for each additional copy ordered at the same time. Order extras upfront — going back for additional copies later costs you the full $20 base fee again.

How many to order: Most basic estates need 8 to 12 copies. If the estate includes multiple financial accounts, a business, retirement funds, and life insurance policies, budget for 15 or more.

For in-person requests, contact the county registrar or local city vital statistics office where the death occurred. Form VS-142 is for mail-in requests and requires a notarized sworn affidavit plus a photocopy of a government-issued photo ID.

Opening a Probate Proceeding

Application for Probate — County Probate Court There is no statewide standardized application form. Each county probate court either has its own form or accepts attorney-prepared pleadings. In large counties (Harris, Dallas, Bexar, Travis), the court's local rules and forms are posted on the court's website or available from the clerk's office.

Since January 1, 2014, Texas requires all attorneys to file electronically in probate courts using an approved Electronic Filing Service Provider (EFSP). Courts in Harris County, for example, assess a $30 state e-filing fee plus a $2 county fee per filing envelope in addition to the base filing fee. Courts will not schedule hearings on attorney-filed paper documents.

Approximate base filing fees by county:

• Bexar: $415 (plus ~$92 for constable citations and publication)
• Dallas: $360–$407 (plus $65 publication fee and $20 posting fee)
• Travis: $350–$382
• Harris: Variable by EFSP

Oath of Independent Executor — County Probate Court Filed within 20 days of the court's order appointing the executor. This is the document by which the executor formally accepts fiduciary responsibility. Once it is filed and the bond (if required) is approved, the court clerk issues Letters Testamentary, giving the executor legal authority to act on behalf of the estate.

Letters Testamentary — County Probate Court Not a form you complete, but a document the court clerk issues after the executor qualifies. These letters are the executor's credential — they authorize the executor to open estate bank accounts, transfer assets, collect receivables, and deal with financial institutions and government agencies. You will need multiple certified copies: $2–$5 per copy depending on the county.

During Administration

Inventory, Appraisement, and List of Claims — County Probate Court Due within 90 days of qualifying as executor. This sworn document catalogs all estate assets with their fair market values as of the date of death, and lists all known claims against the estate. Missing this deadline can result in court sanctions or removal of the executor.

Affidavit in Lieu of Inventory — County Probate Court An alternative to the public inventory, available under Texas Estates Code Section 309.056. The executor can file this affidavit instead of the inventory if: (1) the estate has no unpaid unsecured debts except secured debts, taxes, and administration expenses, and (2) every beneficiary has received a full private copy of the inventory. Filing the affidavit keeps asset values out of the public court record — a meaningful privacy protection for families who do not want financial details in searchable court databases. The affidavit must still be filed within the 90-day deadline.

Notice to Creditors — Newspaper Publication Not a form per se, but a required publication. Within one month of receiving Letters Testamentary, the executor must publish a notice to creditors once in a newspaper of general circulation in the county where the estate is being administered. After publication, the newspaper provides an affidavit of publication that must be filed with the probate court.

Notice to Secured Creditors — Qualified Delivery Within two months of receiving Letters Testamentary, the executor must send written notice to all known secured creditors (mortgage holders, auto lenders) via qualified delivery — certified mail, FedEx, or UPS with proof of delivery. This requirement was updated effective September 1, 2023, to allow designated private delivery services in addition to certified mail.

Affidavit of Notice to Beneficiaries — County Probate Court Must be filed within 90 days of probating the will, confirming that all named beneficiaries received formal notice and a copy of the will within the required 60-day window. Even if the executor is the sole beneficiary, this affidavit must be filed.

Vehicle Transfers

TxDMV Form VTR-262 — Affidavit of Heirship for a Motor Vehicle Issued by: Texas Department of Motor Vehicles

This form allows heirs to transfer a vehicle title without a court order, bypassing probate for the vehicle entirely. It is only available when the decedent died without a will (intestate). Requirements:

• Notarized signatures from all surviving heirs
• Two disinterested witnesses who attest to the family history and can confirm the identity of the heirs
• Odometer disclosure

Submitted to the county tax assessor-collector's office, along with Form 130-U (Application for Texas Certificate of Title). Title application fee: $28–$33.

Texas Comptroller Form 14-317 — Affidavit of Motor Vehicle Gift Transfer When transferring a vehicle to a family member as an inheritance, this form substitutes a flat $10 gift tax in lieu of the standard motor vehicle sales tax (which is 6.25% of the vehicle's value). Without this form, the DMV will calculate sales tax as if the vehicle were purchased at market value.

Real Property Transfers

There is no single statewide form for transferring real property through probate. The executor uses a court-issued certified copy of the order admitting the will (or appointing the administrator) plus an Executor's Deed or Administrator's Deed to transfer title through the probate proceeding. These deeds are prepared by an attorney and recorded in the County Clerk's Real Property Records.

Recording fees under the Texas Local Government Code:

• Standard deed: $25 for the first page, $4 per additional page, plus $0.25 per name indexed if more than five names
• Federal tax lien: $30
• State tax lien: $15

For transfers outside of probate, two Texas-specific instruments are commonly used:

• Lady Bird Deed (Enhanced Life Estate Deed) — recorded before death, keeps property out of the probate estate entirely. Shields the homestead from MERP claims.
• Transfer on Death Deed (TODD) — recorded before death under Texas Estates Code Chapter 114, transfers property automatically at death without probate.

Tax and Business Forms

Texas Comptroller Form 05-158 — Final Franchise Tax Report Required if the decedent owned a business entity (LLC, corporation, partnership) that is ceasing operations. Must be filed with the Texas Comptroller within 60 days of the entity ceasing to do business. Failing to file can result in penalties assessed against the estate.

Note: Texas has no state income tax and no state estate or inheritance tax. Federal returns (Form 1040 final, Form 1041 for estate income, Form 706 for federal estate tax if applicable) are filed with the IRS. The estate may also need an Employer Identification Number (EIN) from the IRS, which the executor obtains through IRS Form SS-4 or the IRS online EIN application — this is needed to open an estate bank account.

Homestead Tax Exemption

County Appraisal District Form 50-114 — Residence Homestead Exemption Application When the decedent had an over-65 property tax exemption that froze school district taxes, the surviving spouse can continue that tax ceiling provided they were at least 55 years old on the date of the decedent's death. The surviving spouse must actively apply with the county appraisal district using Form 50-114 and submit a certified copy of the death certificate. Without this application, the appraisal district will lift the ceiling and reassess property taxes at current market rates — sometimes a significant increase.

Keeping the Process Organized

The hardest part of Texas probate is not finding any individual form — it is knowing which form is needed, at what point in the process, and what must be true before you can use it. The VTR-262 is only available for intestate estates. The Affidavit in Lieu of Inventory requires no unpaid unsecured debts. The Muniment of Title requires a valid will and no outstanding debts other than secured obligations.

The Texas Probate Process Guide lays out the full administration timeline — what to file, when to file it, and which forms are alternatives to formal court action. It also explains the community property rules that affect which assets can be transferred by deed versus which must go through the probate estate.

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