Bexar County Probate Records

When a Bexar County, Texas resident passes away, a probate court judge will settle their estate. This legal process ensures that the decedent's assets are dispersed according to their wishes if a will was created or according to Texas law if a will is unavailable.

If a will was created, the appointed executor files the will and submits a petition asking the court to authenticate the document and appoint the estate's legal representative. Suppose the decedent did not create a will. In that case, the court determines succession according to Texas law, appoints an executor, and oversees the executor's activities as they pay off legal debts and distribute the decedent's assets.

The probate court also handles other matters, such as court-ordered mental commitments, the administration of estates for minors and incapacitated persons, guardianships, and charitable trusts, among others.

Probate proceedings are recorded as part of the court's official records. Like other Bexar County court records, individuals can access these records to confirm an estate's executor or administrator, gather evidence for legal proceedings, determine property ownership, or confirm the existence of a will.

Are Probate Records Public?

Yes. Records created and maintained by the Bexar County probate courts are accessible to members of the public. While the Texas Public Information Act does not control or grant access to court records, Supreme Court rules, common law, and other state statutes establish and regulate the public’s right to view and obtain probate records.

However, exceptions exist for records sealed by court order, protected by federal or state law, or restricted by court rules. These records include sensitive personal information (such as social security numbers), financial information, medical records, and death certificates submitted during probate proceedings.

What is Probate Court in Bexar County?

Bexar County is served by three probate courts established by Sec. 25.0171 of the Texas Government Code. These courts handle the following cases:

• The administration of estates of deceased individuals, minors, and incapacitated persons
• Will execution
• Civil mental health commitments
• Disputes regarding the estates of deceased Bexar County residents
• Charitable trusts.

Sec. 25.0173 of the Texas Government Code also grants the Bexar County probate court jurisdiction over eminent domain cases and the determination of title to real or personal properties.

Probate Court Case Lookup

Looking up probate court case details involves using methods and options provided by the Bexar County Clerk. One can visit the clerk's office at the following location to view or order copies (certified and non-certified) of probate case records:

County Clerk - Probate Department
Red Old Courthouse
100 Dolorosa
San Antonio, TX 78205
Phone: (210) 335-2241

Alternatively, individuals can fill out a Request For Letters/Certified Copies/Plain Copies and send it to the above address. Requesters are required to add the case/cause number, indicate the type of document to be reproduced, and specify whether they want certified, plain, or exemplified copies. Each plain (non-certified) paper copy costs $1, while it costs $5 to certify a document.

People who do not know the case number can contact the clerk's office for guidance or use online search resources that allow name searches.

How to Find Probate Records Online Free

The Bexar County Clerk uploads probate case information into the unified Bexar County Justice Portal, which a third-party provider operates. This platform allows individuals to view case summaries from the three probate courts for free.

The Justice Portal can be searched by party name (including nickname or business name), attorney name and bar number, case number, or judicial officer. If the user does not know the exact case party's name, they can choose the “Sound like” option. The system displays the case type, party name, party type, and case number. Selecting the case number reveals the case summary, which covers the court location, judicial officer, case status, events and court orders, and dispositions.

The portal can help individuals research case numbers and order court documents from the clerk's office. Users can also confirm the court handling a specific case, documents filed with the court, and the most recent case event.

How Long Does Probate Take in Texas

There are no definite timelines for probate cases in Bexar County. As such, these cases can take a couple of months to several years to complete, depending on the following factors:

• Types of assets in the estate
• Tax complications
• Number of creditors
• Disputes filed by creditors, heirs, executors, or other related parties

Are Wills Public Record?

Yes. Wills filed with local courts are part of the Bexar County probate records. Individuals can access these documents using the methods explained earlier. However, the courts can seal certain documents or redact information released to the public. Restricted records can only be accessed by case parties and their attorneys, judicial officers, and specific government agents.

How to Find Out If Someone Has a Will

Probate court record searches can reveal whether deceased persons created wills before their deaths. However, if court records show that a county probate judge appointed an executor and determined how assets are distributed by Texas law, the decedent either passed away without a will or the court deemed that the submitted will did not meet Texas's regulations.

Be that as it may, wills must be filed with the court or a probate case initiated to distribute a decedent’s estate. If such proceedings have not started, interested parties can contact the deceased individual’s attorney or likely executor to confirm the existence of a will.

Bexar County Family Court Case Search

Family cases in Bexar County include child support, visitation, child custody, divorce, protective orders, family violence, conservatorships, and other matters covered by the Texas Family Code. These cases are heard in the local district court, and the District Clerk's office manages and distributes the resulting records to requesters.

The district clerk allows members of the public to order copies of court documents in person at the following address:

Civil Records
Paul Elizondo Tower
101 West Nueva Street
San Antonio, TX, 78205
Phone: (210) 335-2661

Fees for searching and reproducing family court documents include:

• Case Search: $5
• Copies: $1 per page for the first 10 pages and 10 cents thereafter
• Certified Copy: $5 per document plus the copy fee
• Emailed Copy: $1

Individuals can also find publicly available family court records via the county's Justice Portal. Using the Smart Search option, one can query the system with a case number, attorney name or bar number, case party name, or judicial officer information. Users can also access the Advanced Filtering Options to select District Clerk under Filter by Location and choose other search criteria to narrow the search results.