THE PROCESS: FILING FEES Frequently Asked Questions About You will need to file an Application and As of September 1, 2013, the filing fees are: PROBATING AN ESTATE the original will. The will becomes a permanent part of the Clerk’s records Muniment of Title $291.00 PRO SE and will not be returned. After filing the Letters testamentary $293.00 (without an attorney) Application, the clerk will give you a Administration $293.00 Is it necessary to probate an estate “return date.” It is after this date that and how long do I have to probate? If an inventory is required (Letters you will be allowed to return for your If there are assets such as real estate, Testamentary and Administration), there is a hearing. The clerk will also provide you stocks and bonds, bank accounts, etc., $25 late fee if it is not filed after the 90th day with the Cause Number, the Court and that must be distributed, it is usually from the date the personal representative has phone numbers for each Court required that an estate is probated. qualified to serve or, if the courts grants an Coordinator. It is your responsibility to The estate must be probated within extension under sce 250, TPC, after the date contact the Court Coordinator in order to four years of the date of death. set up your hearing date. of the extended deadline specified by the court. LGC 118.056(D) Do I need an attorney? Probate hearings usually take place in Copies are $1.00 per page. Certified copies The Law does not require that an the Judge’s office and only take a few attorney be involved. minutes. The Judge will swear you in, are $1.00 per page plus $5.00 per document. ask a few questions and then make his or Letters Testamentary or Administration are Where do I get the forms? her decision if a will is to be admitted to $2.00 each. A written request is required for Forms are available in the Law Library probate. You will need to have available copies and letters. on the third floor of the Courthouse an Order for the Judge’s signature. and can be found in a book entitled Fee information can also be found at the Brazoria How to Probate an Estate in Texas by After leaving the Judge’s chambers, you County website: www.brazoria-county.com or you Karen Ann Rolick. will return to the probate office where may contact the Probate Department at 979-864-1368 County Court at Law #1 & Probate Court: you will then sign the Proof of Death What are the different ways to (and Oath, if necessary). It is after you 979-864-1260 County Court at Law #2 & Probate Court: probate? have completed these steps that you will 979-864-1571 If there is a will, you may probate as a be issued Letters Testamentary or County Court at Law #3 &Probate Court: Muniment of Title, Letters certified copies of the will and order. 979-864-1603 Testamentary or Administration with County Court at Law #4 & Probate Court: 979-864-1980 Will Annexed.

THE CONTENT OF THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL PURPOSE ONLY. IT IS NOT INTENDED AS LEGAL ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF AN ATTORNEY REGARDING LEGAL QUESTIONS. Muniment of Title: Letters Testamentary Administration:

Forms needed: Forms needed: Forms needed:

* Application for Probate of Will as a * Application for Probate of Will and * Application for Letters of Muniment of Title Issuance of Letters Testamentary Administration or Application for Probate of Will and Issuance of Letters * Proof of Death and Other Facts * Proof of Death and Other Facts of Administration with Will Annexed

* Order Admitting Will to Probate as a * Order Admitting Will to Probate and * Proof of Death and Other Facts Muniment of Title Authorizing Letters Testamentary * Order Authorizing Letters of * Affidavit Regarding Fulfillment of * Oath Administration or Order Admitting Will Admitted to Probate as a Muniment Will to Probate and Authorizing of Title (this may not be required if the * Inventory, Appraisement and List of Letters of Administration with Will judge waives the affidavit) Claims (and Order Approving Inventory and Annexed Appraisement) A Muniment of Title does not appoint * Oath an executor of the will and there can be When an estate is probated under this type no claims against the estate other than of application, and Letters Testamentary are * Inventory, Appraisement and List of real estate liens. issued, the Court gives authority to the Claims (and Order Approving person appointed as Executor to distribute Inventory and Appraisement) After the judge has signed the Order, the the estate per the wishes of the deceased as clerk may issue certified copies of the set out in the will. The Executor is issued It is suggested that the Applicant seek will and order which gives the Applicant Letters Testamentary which can then be the advice of an attorney if an estate is authority to disperse the estate per the given to banks, mortgage companies, stock to be probated as an Administration. requests of the will. If the certified copy brokers, etc., in order to take care of the of the will and order are recorded in the business of the estate. The letters can be County Clerk’s office (recording dept.). issued at any time unless the estate has been This creates a paper trail for the sale and closed by the executor. purchase of real estate.