All court proceedings have returned to in-person settings as of April 1st, 2022.
Information for Prospective Jurors
The probate court is a statutory probate court headed by an elected judge, the Honorable Guy Herman. The probate court is also served by Associate Judge Dan Prashner and Associate Judge Tom Ruffner.
In general, the probate court probates the wills of deceased persons, declares the heirs of deceased persons who die without a will, establishes guardianships for incapacitated persons and minors, supervises court-ordered involuntary mental health commitments, and administers all eminent domain cases initiated in Travis County.
The probate court also has jurisdiction to hear lawsuits related to an estate of a decedent or ward as well as actions by or against a personal representative of a decedent’s or ward’s estate. These ancillary cases cover a wide range of topics, from products liability to fiduciary litigation to medical malpractice to family law.
Probate Court News
Clarification Regarding Filing an Original Will with the Clerk in a Probate Proceeding.
The original will can be filed with the Clerk’s Office in the following three ways:
- Mailed via USPS to Travis County Clerk, ATTN: Probate Clerk, P.O. Box 149325, Austin, TX 78714. All of the regular mail sent to the Clerk’s Office is sent here first to get checked in and logged. It is then distributed where it needs to go either same day or next day.
- Certified mail to 5501 Airport Blvd., Austin, TX 78751. It is to ensure the mail is checked in and logged. Certified will ensure a confirmation as well. If you choose to mail the will to the Clerk’s Airport location, please allow 2-3 additional business days before requesting a hearing because the will needs to be routed to the Clerk’s Office at 200 W. 8th Street before it is filed into the cause.
- Hand Delivered to the Clerk’s Office at 200 W. 8th Street, first floor.
Also see updated information on other pages of the website. The Probate page, especially, has many updates following the 2021 Legislative session.
- Regular Docket Hearing Request Form (updated 05/31/2018)
Information about the Probate Court’s e-courtroom technology is available on this site
Free CLE at the Probate Court
The Probate Court sponsors several CLE sessions each year
From the Clerk's Office
For questions please contact the Civil and Probate Division of County Clerk's office.
Probate Court Local Rules
General Documents
Documents are also available on the Probate, Guardianship, and Mental Health pages.
You may make your copy request by eFiling, mail, or in person. Please make sure to provide the name and case file number, if available, for each request. The fee for plain copies is $1.00 per page. There is an additional charge of $5.00 per document for certified copies. Copies cannot be faxed or emailed to the customer. Checks or money orders are to be made payable to Lucy Adame-Clark, Bexar County Clerk Probate Department.
Lucy Adame-Clark, Bexar County Clerk
Probate Department100 Dolorosa, Suite 104
San Antonio, Texas 78205
- Letter Testamentary: In order to receive a letter testamentary, a will MUST be filed and admitted to probate. To file a will for probate, please consult an attorney. The law prevents us from providing legal advice to any person.
- Guardianship: You must contact an attorney to file a guardianship. While you may represent yourself in some lawsuits, you may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates.
- Will Safekeeping: A person may deposit their will for safekeeping with the County Clerk for a one-time fee of $5.00. The will is placed in a sealed envelope and kept in a secure storage area. The deputy clerk does not review the contents of the will. The clerk will issue a certificate of deposit for the will upon receipt. The will may be removed at any time by the Testator (the person for whom the will is created). After the Testator passes, any person named on the outside of the sealed envelope may withdraw the will upon proof of identification and proof of death of the Testator.
- Estate Search: You can conduct name searches for probate records here: //search.bexar.org/
Please visit the Bexar County Probate Courts website for more information.
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The Supreme Court of Texas has mandated that all attorneys file court documents electronically in the ten most populous counties. Bexar County is one of those counties, effective as of January 1, 2014.Attorneys are required to electronically file court documents in Civil, Probate, and Criminal cases in Bexar County through an electronic filing service provider. This provider must be certified by the Office of Court Administration.
Parties representing themselves in court for Criminal cases without the assistance of an attorney (Pro Se litigants) may hand file their documents to the county clerk. For Pro Se litigants or in the event of an emergency, documents may be hand filed in the court in which the case has been assigned.
For questions regarding filing, contact:
Bexar County Clerk Bexar County Courthouse 100 Dolorosa, Basement San Antonio, Texas 78205
210-335-2238
Choose an electronic filing service provider (EFSP) at eFileTexas.gov. An electronic filing service provider (EFSP) is required to help you file your documents and act as the intermediary between you and the eFileTexas.gov system.
For eFiling questions you may call 210-335-2496 or 855-839-3453.
Probate is a process by which a court supervises the authentication of a deceased person's last will and testament, should they have one when they die. If a person dies without a last will and testament, the process becomes much more difficult. In either case, the court supervises the administration of the deceased's estate in a probate proceeding.
When a person dies with a will, he typically names in that will a person, or co-executors, to act as the executor of his estate. The executor is responsible for managing the person's estate, but first that person must get the court's permission to act as the executor by filing a petition for probate. In this petition, the executor must prove the validity of the will and identify all of the heirs to the estate.
Once the court is satisfied that the named executor is eligible to serve, it will issue Letters of Administration, which allow the executor to collect the property of the estate, prepare an inventory of the estate and, most importantly, pay any bills, taxes or acceptable creditor's claims against the estate. When these duties are completed, the executor can ask for a court hearing or final petition for a final distribution and accounting. Once that is approved by the probate court, any remaining assets may be distributed to the heirs.
First, it is important to know that it is against the law to destroy, alter or otherwise, conceal a will. In fact, in Texas it is a felony to do so.
A will is typically filed with the county clerk of the court in which the deceased person lived when he died, so this will be the person you should contact to ask for a copy of the will. Note there may be a small charge for copying, and you may have to wait a few days to pick up your copy of the will. You shouldn’t have to explain to the clerk why you want a copy of the will, since it is part of the public record.
If you are unsure of the county in which the person died, Texas has an online system, iDocket, where you can look up information in different jurisdictions for a fee. The service is costly, however, so your best option may be to call each county courthouse until you find the information you want.
Tips
It is important to know that probate is a public process, and all documentation associated with the probate case becomes part of the public record.