How Does the Texas Probate Court Work?

Texas Probate Courts are county-level trial courts of record in the Texas judicial system that generally have original jurisdiction over probate, guardianship, and mental health matters. Probate Courts are typically found in populated Texas counties. In the counties where they are located, Texas Probate Courts have original jurisdiction over the following types of cases:

• Matters involving wills and name changes
• Matters involving the administration of estates
• Mental health proceedings
• Matters involving trusts, guardianships, and conservatorships

In some of these cases, the Probate Courts may share jurisdiction with the District Courts and the County Courts.

A Probate Court judge heads the Texas Probate Courts. There are currently 18 Probate Court judges in the Texas judicial system, and these judges are selected through partisan elections. Elections are held in the county where the court is located, and parties that wish to contest in the elections must be at least 25 years of age and have lived in the county for a minimum of two years before the election. In addition to this, before an individual can become a Probate Court judge, the person must be a citizen of the United States licensed to practice law in Texas and has practiced as either a lawyer or a judge for at least five years.

Elected judges serve four-year terms. When there is a vacant judgeship position due to the inability of a Probate Court judge to complete an elected term, the county commissioners of the county where the Probate Court is located will appoint a qualified individual to complete the term. Texas Probate Court judges are statutorily required to elect a presiding judge amongst themselves. This presiding judge is responsible for ensuring the proper management and administration of the Probate Courts’ judicial process. Some responsibilities of the presiding judge include:

• Ensuring the promulgation of the local rules of administration of the Probate Courts under Supreme Court policies and guidelines
• Comparing local rules of the Probate Courts to achieve a uniformity that is practical and consistent with local conditions
• Advising the other Probate Court judges on case flow management practices and auxiliary court services
• Convening and presiding over annual meetings and any other necessary meetings of the Probate Court judges to promote the orderly and efficient administration of the judicial process in the Texas Probate Courts

The presiding judge also has the authority to appoint an assistant presiding judge. The assistant presiding judge aids the presiding judge in performing the duties required of the office. In situations where the presiding judge is unable to perform these duties due to either death, resignation, illness, or any other incapacities, the assistant presiding judge becomes the acting presiding judge until the Probate Court judges elect a replacement.

Probate Court cases in the Texas court system typically take between 30 days to six months. However, in some cases, Probate Court Cases may last for a year or more. This usually happens in matters involving wills and estates where the original will cannot be located or where the will is being contested.

When a Probate Court judge issues a decision, this decision may be appealed at a Texas Court of Appeals by any of the parties involved in the case that is unsatisfied with the decision. In the Texas judicial system, parties that wish to initiate an appeal are required to begin the process not later than 30 days after the trial court’s decision is issued.

Interested members of the public can access records of Texas Probate Courts by contacting the Probate Clerk’s Office, where the case in question was filed. Note that the payment of a fee may be required before copies of these records can be obtained.

There are 18 Probate Courts in the state’s court system. These courts can be contacted with the information provided below:

Bexar County Probate Court No. 1
100 Dolorosa Street
Suite 117
San Antonio, TX 78205–3071
Phone: (210) 335–2190

Bexar County Probate Court No. 2
100 Dolorosa Street
Suite 123
San Antonio, TX 78205–3028
Phone: (210) 335–2670

Collin County Probate Court
2100 Bloomdale Road
Suite 12360
McKinney, TX 75071
Phone: (972) 548–6463

Dallas County Probate Court No. 1
Renaissance Tower
1201 Elm Street
Suite 2400-A
Dallas, TX 75270
Phone: (214) 653–7236

Dallas County Probate Court No. 2
Renaissance Tower
1201 Elm Street
Suite 2200-A
Dallas, TX 75270
Phone: (214) 653–7138

Dallas Probate Court No. 3
Renaissance Tower
1201 Elm Street
Suite 2200-B
Dallas, TX 75270
Phone: (214) 653–6166

Denton County Probate Court
Denton County Courts Building
1450 E McKinney Street
Suite 2412
Denton, TX 76209–4524
Phone: (940) 349–2036

El Paso County Probate Court No. 1
El Paso County Courthouse
500 E San Antonio Avenue
Room 803
El Paso, TX 79901–2420
Phone: (915) 546–2161

El Paso County Probate Court No. 2
El Paso County Courthouse
500 E San Antonio Avenue
Room 422
El Paso, TX 79901–2420
Phone: (915) 546–8183

Galveston County Probate Court
Galveston County Justice Center
600 59th Street
Suite 2305
Galveston, TX 77551–4180
Phone: (409) 766–2251

Harris County Probate Court No. 1
201 Caroline Street
6th Floor
Houston, TX 77002
Phone: (832) 927–1401

Harris County Probate Court No. 2
201 Caroline Street
Suite 680
Houston, TX 77002–1938
Phone: (832) 927–1402

Harris County Probate Court No. 3
201 Caroline Street
7th Floor
Houston, TX 77002
Phone: (832) 927–1403

Harris County Probate Court No. 4
201 Caroline Street
7th Floor
Houston, TX 77002
Phone: (832) 927–1404

Hidalgo County Probate Court
100 N Closner
P.O. Box 58
Edinburg, TX 78539
Phone: (956) 318–2385

Tarrant County Probate Court No. 1
Tarrant County Courthouse
100 W Weatherford
Room 260A
Fort Worth, TX 76196–0241
Phone: (817) 212–1200

Tarrant County Probate Court No. 2
Tarrant County Courthouse
100 W Weatherford
Room 150
Fort Worth, TX 76196–0241
Phone: (817) 884–1415

TravisCounty Probate Court
1000 Guadalupe Street
Room 217
Austin, TX 78701–2328
Phone: (512) 854–9258