Texas Probate Documents Checklist: What Executors Need

Which records answer which question

Death certificates and personal details

Order several certified copies of the death certificate. Banks, insurance companies, and government offices usually ask for a certified copy, not a photocopy.

Then write down the person's details in one place:

• Full legal name, plus any other names they used.
• Date of birth and date of death.
• Last address and county of residence.
• Social Security number and driver's license number. The probate application asks for the last three digits of each.

Find the original will

Look for the original signed will. Texas courts expect the original. A copy can sometimes be admitted, but it takes extra proof.

When you find it, keep it flat and in its own folder. Don't remove staples, add notes, or mark it in any way. The court may look at the document's condition.

Write down the date the will was signed and the names of the witnesses who signed it. The probate application asks for both.

Some papers can move assets outside the will. Look for trust documents, beneficiary forms for life insurance and retirement accounts, payable-on-death and transfer-on-death forms, and transfer-on-death deeds. Assets covered by these usually go straight to the named person without passing through probate. Keep them with the will, along with any funeral instructions.

List everyone involved

Make a list of the people a filing might name:

• Heirs and beneficiaries.
• The executor named in the will, and any alternates.
• The witnesses who signed the will.

Records of what the person owned

Work from recent statements and title records rather than memory. The probate application asks for a general description of the property and its probable value, and these records supply both.

• Bank, brokerage, and retirement account statements.
• Life insurance policies.
• Deeds, mortgage statements, and property tax statements.
• Vehicle titles.
• Business records, if the person owned a business.
• Photos, appraisals, receipts, or serial numbers for jewelry, collections, tools, and other valuable belongings.

Records of what the person owed

Gather debts at the same time as assets. Executors often leave debts for later, and that gives a false picture of the estate.

• Credit card statements.
• Medical bills.
• Funeral invoices.
• Mortgage, car loan, and other loan statements.
• Tax notices.
• Liens on property.

Matching your records to a filing path

Texas has several ways to handle an estate, and your records help show which one fits. These are the most common:

• Small estate affidavit. Used when the person left no will. As of 2026, the estate must be worth $75,000 or less, not counting the homestead and exempt property. At least 30 days must have passed since the death, and no one can have asked the court to appoint an administrator. Each heir signs it, along with two witnesses who have no stake in the estate. It lists the estate's assets, debts, and family history, so the records above go straight into it. Texas Estates Code Chapter 205 sets these rules.
• Muniment of title. Used when there is a will and the estate owes no debts except loans secured by real estate, or when the court finds no other need for administration. The court accepts the will as proof of who now owns the property, without appointing an executor. Chapter 257 covers it.
• Letters testamentary. Used when the will names an executor and the estate needs someone with legal authority to collect assets, pay debts, and deal with banks. Chapters 256 and 301 cover the application.
• Letters of administration. Used when there is no will, or no named executor can serve, and the estate still needs someone with that authority.

Keep originals apart from copies

Scan or photograph the records you'll work from, and put the originals somewhere safe. Hand over an original only when the court, clerk, attorney, bank, or title company asks for it.

How Legacywyse can help

Legacywyse keeps your estate documents, inventory, and receipts in one workspace. It uses your answers to draft supported Texas probate paperwork for the county and filing path you choose. You can start the questionnaire on the Free plan.