📅 2026 Update: Changes in Accessing Wills and Probate Procedures

Since the original article was written, there have been key updates in the process of accessing wills and navigating probate procedures. These changes affect how individuals can obtain copies of wills and the requirements for handling estates. The earlier article continues further down this page.

📝 Texas Legislative Changes

On September 1, 2023, Senate Bill 1373 was enacted, changing how affidavits of heirship are used in proceedings. This allows these affidavits to serve as proof in heirship matters for cases that start on or after this date.

🔍 Unnotarized Declarations

Also under Senate Bill 1373, oaths from personal representatives can now be made through unnotarized declarations under penalty of perjury. This applies to proceedings initiated after September 1, 2023. This change helps simplify the process in cases where notarization may be a barrier.

⏳ Streamlined Texas Probate

As of August 19, 2026, Texas probate procedures have become notably simpler than in many other states. The "independent administration" of estates helps to make the process more efficient, reducing the time and complexity involved in accessing wills and settling estates.

💼 Upcoming Changes for Legal Help

On August 6, 2024, the Supreme Court of Texas is expected to implement new rules for licensed legal paraprofessionals and licensed court-access assistants. These professionals will be able to assist individuals with probate matters, potentially making access to legal help easier. However, the effective date has been delayed to November 4, 2024, pending further court orders.

📌 Key Updates Summary

  • 🗓️ New rules for affidavits of heirship effective September 1, 2023.
  • ✍️ Oaths can be made with unnotarized declarations.
  • ⚖️ Texas probate is now simpler due to independent administration.
  • 🆕 Upcoming rules for legal paraprofessionals to assist in probate.
  • ⏳ Changes aim to streamline the process and improve access to wills.

💡 Tips for Navigating Wills and Probate

It is important to go over the details of your situation with your attorney. Understanding the specifics can ensure you follow the correct procedures.

📝 Know Your Rights

Familiarize yourself with your rights regarding wills and probate. This includes knowing how to obtain a copy of a will and what documents you may need for the process.

🔍 Check for Updates

Stay informed about legislative changes that may affect wills and probate. Changes, like those from Senate Bill 1373, can alter how you handle heirship and oaths in probate cases.

📑 Use Affidavits Wisely

If applicable, consider using affidavits of heirship as proof in heirship proceedings. This can simplify the process and may be beneficial for cases starting after September 1, 2023.

🏛️ Explore Free Assistance

Look for free government or nonprofit resources that can help with probate matters. The upcoming rules for legal paraprofessionals may also provide more affordable options for assistance.

⏳ Understand the Timeline

Be aware of key dates, such as the expected implementation of new rules on December 1, 2024. Knowing these can help you plan your next steps effectively.

❓ Frequently Asked Questions

🤔 How can I obtain a copy of a will?

To obtain a copy of a will, you typically need to contact the probate court where the will was filed. You may need to provide specific information about the deceased person and, in some cases, pay a small fee.

📜 What is an affidavit of heirship?

An affidavit of heirship is a legal document that declares the heirs of a deceased person. It can now be used as proof in heirship proceedings for cases commencing after September 1, 2023.

⏳ What is the timeline for probate in Texas?

The timeline for probate can vary, but Texas has implemented "independent administration" to simplify the process. This often results in faster resolutions compared to other states.

💼 Can I represent myself in probate court?

Yes, individuals can represent themselves in probate court. However, understanding the legal requirements and procedures is crucial for navigating the process effectively.

🏛️ What changes are coming for legal assistance in probate?

New rules for licensed legal paraprofessionals are expected around December 1, 2024. These changes may make it easier for individuals to receive help with probate matters.

💰 What is the current federal estate tax exemption?

As of 2026, the federal estate tax exemption is $15 million per individual, with married couples able to combine exemptions up to $30 million. This affects how estates are managed and taxed.

⚖️ Recent Court Cases Related to Wills and Probate

Recent court rulings have clarified various aspects of wills and probate procedures. These developments can impact how individuals access and manage wills in Texas and beyond.

For further insights, feel free to browse more rulings on the news page.

End of October 2026 Update





A will is a legal agreement which allows and ensures an individual to leave their assets to individuals of their desire after they have passed. To obtain a copy of a will an individual must visit the courthouse in which the will was legally signed off on. 

A copy of the will can be provided to an individual if they provided a full legal name of the will’s creator, their birth place, and the location of their residence. A will is considered public record and therefore, with the proper information, an individual will be able to easily obtain a copy of a will. If a will is still being processed through a probate court or hearing, then an individual may be denied a copy of the will.  When a person is creating a will it is advisable to make copies of the completed will for individuals that are listed on the will.


How To Get a Copy Of A Will