Texas probate · Document guide
Affidavit of Inability or Unwillingness to Serve and Renunciation
Record that the executor named in the will cannot or does not want to serve. Their sworn statement lets the court consider the next eligible representative without leaving that decision unclear.
Texas Estates Code § 254.006
Where it goes
Filed with the probate court handling the estate, in person or through eFileTexas.gov.
Who signs
Renouncing Party signs.
Oath or notarization
The people making the sworn statements sign before a notary. Any court approval is separate.
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Review the draft, then take the next step
Add the remaining details and review your document. Follow the instructions for signatures, notarization, or court review when required. You handle filing.
What to have on hand
Death details
The person's full name, date of death, and last address. A death certificate can help confirm these.
The will
A copy of the will, including its date and the people named in it.
Representative and successor
The name and role of the person declining to serve and any proposed replacement.
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Filing fees by county
Fees to open the probate case. Confirm with the county clerk before filing.
| County | Filing fee |
|---|---|
| Dallas County | $388 |
| Tarrant County | $380 |
| Collin County | $385 |
| Denton County | $385 |
| Harris County | $432 |
| Travis County | $378 |
| Bexar County | $391 |
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