Probate Courts
Bexar County Probate Courts handle estate proceedings, wills, heirship determinations, guardianships, trusts, civil mental health matters, and other probate-related cases. This article explains how the three probate courts and the County Clerk’s Probate Department divide their responsibilities, where to search probate records, how filings and hearings are handled, what information to prepare for common probate matters, and which court procedures can affect a case.
What the Probate Courts Handle
The Bexar County probate court system consists of three separate courts, each headed by an elected judge. The county’s official Probate Courts page identifies several core responsibilities of these courts, including probating wills, determining heirs when a person dies without a will, establishing guardianships, and handling court-ordered mental health matters.
Probate is the legal proceeding through which a court may determine whether a will is valid, establish an administration when a deceased person did not leave a will, or determine the legal heirs of a deceased person. The probate courts also supervise estates involving deceased persons, incapacitated persons, and minors.
The courts may also hear matters involving inter vivos trusts, testamentary trusts, charitable trusts, civil mental health commitments, and eminent domain cases. Probate Court 1 is specifically identified by the county as handling court-ordered mental health cases.
Because probate covers several different types of proceedings, the paperwork and court procedure for one case may be very different from another. An application to probate a will, for example, does not follow exactly the same requirements as a guardianship, determination of heirship, temporary administration, or small estate affidavit.
Courts and Clerk Responsibilities
A common source of confusion is the difference between the probate courts and the County Clerk’s Probate Department. They work with many of the same cases, but their functions are different.
Probate Courts
The probate courts perform the judicial functions associated with probate cases. Judges and court staff conduct hearings, review matters presented to the court, issue orders, and supervise proceedings within the court’s jurisdiction. Each court also publishes its own procedures for hearings, checklists, scheduling, guardianship matters, and other case-related requirements.
Users should consult the page for the court handling their matter because procedural requirements can differ. Official information is available separately for Probate Court 1, Probate Court 2, and Probate Court 3.
County Clerk Probate Department
The County Clerk’s Probate Department is responsible for probate records and filing-related functions. The county states that this department handles the preservation, creation, and management of records for probate matters. Requests for copies, letters, and many filing questions therefore belong with the clerk rather than with a judge’s staff.
The County Clerk Probate Division provides filing information, probate forms and policies, guardianship resources, fee information, copy-request procedures, will-safekeeping instructions, and access to probate record searches.
This distinction can save time. Questions about court scheduling, a hearing procedure, or a judge’s requirements generally concern the assigned probate court. Questions about copies, court records, letters testamentary, guardianship letters, or e-filing commonly involve the County Clerk’s Probate Department.
Searching Probate Court Records
Bexar County directs users to its Justice Information Portal for court-record searches. The county’s Justice Information Portal information page explains that several older search applications have been consolidated into a newer portal.
The portal supports court-record searching and includes an advanced search, search results, hearing searches, and other search functions described in the county’s user guide. For an estate search, the Probate Division also directs users to the Justice Information Portal for name-based probate record searches.
Information to Prepare
Before searching or requesting records, gather the identifying information associated with the probate matter. Depending on the task, useful information may include:
The name connected with the probate estate or case.
The probate case number, when available.
The court handling the matter, if known.
The date and time of a hearing when requesting a transcript from Probate Court 2.
The case number is especially useful when requesting copies or asking about an order. The County Clerk asks copy-request customers to provide the name and case file number, if available, for each request.
Users should also distinguish online portal information from an official copy of a court record. Bexar County states that information obtained through the Justice Information Portal is provided as a public-access resource and is not intended to replace official records obtained directly from county offices.
Probating a Will
Bexar County’s official Probate a Will information describes the general process when a person dies with a will. The process begins with an application for probate filed in a Texas probate court.
The county states that an application generally must be filed within four years from the date of death. After the application is filed, Texas law requires a waiting period of approximately two weeks before a hearing can occur. During this period, the County Clerk posts notice at the courthouse that a probate application has been filed.
The posting gives persons who may want to contest the will notice of the pending probate proceeding. After the required waiting period, the court may conduct a hearing. At the hearing, the judge may address matters including the decedent’s death, the court’s jurisdiction, the qualifications of the person seeking to serve as executor, and the validity of the will.
The county also states that a will may be contested after it is offered for probate and for up to two years after it has been admitted to probate.
Attorney Requirements in Probate
Bexar County distinguishes representing yourself from attempting to represent the interests of another person or an estate. A person appearing without an attorney may represent only themselves. The county explains that many probate applications involve the rights of heirs, beneficiaries, creditors, an estate, or another person.
According to the county’s probate guidance, an applicant who is not a licensed attorney may not file an application to probate a will when doing so would constitute representing third-party interests. A person does not have to be an attorney to ultimately serve as an executor, administrator, or guardian, but the county states that legal counsel must be retained when the person will be representing the third-party interests involved in those proceedings.
The county identifies the Muniment of Title and Small Estate Affidavit as probate documents for which pro se procedures are available. Court-specific policies and circumstances still matter, so users should review the applicable court materials rather than assuming that every estate proceeding can be handled without counsel.
Safe Deposit Box Restrictions
The county also provides a specific limitation concerning a deceased person’s safe deposit box before probate has been filed. The items identified as removable before probate are the deceased person’s will, a burial plot, or a life insurance policy payable to the named beneficiary. A will removed from the box must be turned over to the court representative for delivery to the probate court.
Power of Attorney After Death
A power of attorney does not continue after the principal dies. Someone who previously acted as an agent under a power of attorney does not automatically have authority to manage the deceased person’s estate after death. Estate authority instead comes through the appropriate probate process and the person authorized to handle estate affairs.
When There Is No Will
A death without a will can require the court to determine who legally inherits the estate. Bexar County describes a formal Determination of Heirship as one procedure available after an application is filed by a qualified person.
During an heirship proceeding, the court determines the decedent’s heirs based on evidence presented in the proceeding and the report of an Attorney Ad Litem. An order can then identify the heirs and their respective shares of the estate.
Affidavit of Heirship
The county separately describes an Affidavit of Heirship, which generally may be used when a person died without a will, had no outstanding debts at death, and left only real estate in Texas.
According to the county, an Affidavit of Heirship is recorded in the deed records of the county in which the decedent’s real estate is located. The affidavit must be signed and sworn to by two disinterested witnesses. These witnesses should have knowledge of the decedent and family history but should not have a financial interest in the estate.
An Affidavit of Heirship is different from a formal determination of heirship conducted through the probate court. Users should not treat the two procedures as interchangeable simply because both involve identifying a deceased person’s heirs.
Guardianship Cases
The probate courts also establish and supervise guardianships for incapacitated persons and minors. Bexar County distinguishes a guardian of the person from a guardian of the estate. A guardian of the person makes decisions concerning the ward’s life and personal matters, while a guardian of the estate handles financial matters involving the ward’s estate.
The county also describes plenary and partial guardianships. A plenary guardianship is a full guardianship in which the ward does not retain rights covered by the guardianship. A partial guardianship is limited and leaves specified rights with the ward.
The county’s guardianship information page states that a person seeking to establish a guardianship must retain an attorney. Unless the proposed ward is a minor, a certificate from a doctor who examined the proposed ward must also be filed with the court.
The medical certificate has specific requirements and generally must be dated within 120 days before the guardianship application is filed. Different requirements may apply to a person with an intellectual or developmental disability.
Guardianship Investigation Letters
A person concerned about someone who may need a guardian can initiate a guardianship investigation without personally filing an application for guardianship. Bexar County explains that an Information Letter under Section 1102 of the Texas Estates Code may be submitted so the court can investigate the possible need for a guardian.
The Information Letter must provide detailed information about the proposed ward. The county identifies information such as:
The proposed ward’s name, address, telephone number, county of residence, and date of birth.
The type of residence where the person currently lives.
The relationship between the person submitting the letter and the proposed ward.
Whether a guardian of the person or estate has already been appointed.
Whether the person has executed a power of attorney and information about the designated agent.
A description and estimated value of the person’s property.
The amount and source of the person’s monthly income.
The nature and degree of the alleged incapacity.
Whether the person may be in imminent danger of serious harm to their physical health, safety, or estate.
Reports After Appointment
Guardianship duties continue after the court makes an appointment. Bexar County requires an Annual Report on the Condition and Wellbeing of the Ward. These reports, together with the Court Monitor’s Report, update the probate court concerning the ward’s mental, physical, emotional, and living condition.
A guardian of the estate may also have annual accounting responsibilities. Probate Court 2 publishes separate resources for annual reports, annual accounts, final reports, guardianship instructions, income and expense worksheets, and related court documents.
Probate Court 1 also identifies a required Guardianship Alzheimer’s Training Module available in English and Spanish. Its instructions state that the completion certificate is to be filed with the Bexar County Clerk’s Probate office.
Filing Probate Documents
The County Clerk provides filing rules through the Probate Division. Attorneys are required to electronically file probate court documents through an electronic filing service provider certified by the Office of Court Administration. The electronic filing service provider acts as an intermediary between the filer and the eFileTexas system.
Current filing requirements should be reviewed before submitting documents because the clerk maintains local e-filing rules, filing information sheets, service request forms, probate fee schedules, and other filing instructions.
Another detail that can affect record identification is the guardianship case-numbering system. The County Clerk states that a new case-numbering system for guardianship cases took effect October 1, 2025. Users working with guardianship filings or records should therefore use the actual case number associated with the matter rather than assuming an older numbering format applies.
Copies, Letters, and Orders
The County Clerk’s Probate Department handles requests for non-certified copies, certified copies, letters testamentary, guardianship letters, and related probate records. Requests for copies may be made by e-filing, mail, or in person.
The clerk asks requesters to provide the name and case file number, if available. Plain copies cost $1 per page. Certified copies have an additional charge of $5 per document. The County Clerk states that copies cannot be faxed or emailed to the customer.
Checks or money orders for Probate Department copy requests are to be made payable to Lucy Adame-Clark, Bexar County Clerk Probate Department.
Letters Testamentary
A will must be filed and admitted to probate before letters testamentary can be issued. Filing a will with the clerk or possessing the original will does not by itself create the authority represented by letters testamentary.
This distinction matters when banks, property holders, or other parties ask for evidence that an executor has authority to act. The relevant probate proceeding must reach the point at which the required letters can be issued.
Will Safekeeping
The County Clerk also accepts wills for safekeeping. A person may deposit their will with the clerk for a one-time fee of $5. The will is placed in a sealed envelope in secure storage, and the deputy clerk does not review the contents.
The clerk issues a certificate of deposit when the will is received. The testator may remove the will during their lifetime. After the testator dies, a person named on the outside of the sealed envelope may withdraw it after providing identification and proof of death.
Hearing Procedures by Court
Hearing procedures should be checked with the specific probate court assigned to the matter. The three courts maintain different scheduling instructions, checklists, and staff responsibilities.
Probate Court 1 Procedures
Probate Court 1 instructs users to review its procedures before setting a hearing. The court also imposes a restriction on dropping scheduled matters: a hearing, setting, or appearance may not be dropped within five business days of the scheduled event unless the court approves the change. Unless the court waives the appearance, the parties must appear as scheduled.
Requests for a foreign-language interpreter, including Spanish or another language, must be communicated to court staff by email. Probate Court 1 states that an interpreter request submitted only through a fiat or order setting the hearing is not valid. Interpreter requests should be made at least one week before the hearing date.
Probate Court 1 also warns that e-filed proposed orders are not signed instantaneously. An order that is time-sensitive or requires immediate attention may be hand-delivered to the court for possible approval, subject to the court’s discretion and the judge’s availability.
Probate Court 2 Scheduling
Probate Court 2 separates contested and uncontested scheduling. Its scheduling and checklist instructions state that contested matters, including temporary guardianships, temporary administrations, temporary restraining orders, injunctions, and pro se matters, are set through the Court Coordinator.
A scheduling email for a contested matter should include the case number, case name, title of the application or motion being set, the time announcement, and all parties involved. Probate Court 2 states that contested matters are held in person.
Attorneys use the court’s online scheduling portal for many uncontested matters, including probate of wills, heirships, dependent administrations, certain trust proceedings, successor appointments, foreclosures, partitions, and guardianships. Uncontested matters may be conducted by Zoom, hybrid proceeding, or in person.
The court requires applicable attorney checklists to be completed before a hearing is requested for either contested or uncontested matters. Available checklists cover proceedings such as probate of an original will, heirships and administrations, muniment of title after four years, probate of a copy of a will, and permanent guardianships.
Submission Review Without Hearing
Probate Court 2 identifies many filings that commonly can be reviewed by submission without a hearing. Examples include certain inventory extensions, agreed docket control orders, annual reports, annual or final accounts, applications for expenditures, applications for sale of property, attorney fee matters, bonds, claims, inventories, motions to close, reports of sale, and small estate affidavits.
The court states that this is not an exhaustive list. When a filer is uncertain whether a matter can be approved by submission, the court directs the filer to contact the staff attorney. Probate Court 2 also instructs users to wait three weeks before contacting the court about the status of an order unless there is an emergency.
Probate Court 3 Review
Probate Court 3 requires a case and completed checklist to be submitted for review by the court’s paralegal before a hearing date is set with the Court Coordinator.
The court provides separate attorney checklists for probate of an original will, probate of a copy of a will, probate more than four years after death, heirship and administration, temporary administration, guardianship applications, and temporary guardianship applications.
Probate Court 3 also requires a client to sign the applicable court instructions as part of the checklist items needed before setting a hearing. Different instructions are provided for independent executors, administrators, dependent administrators or executors, temporary administrators, and several types of guardians.
Probate Forms and Checklists
Forms should be selected according to the proceeding and the court handling the matter rather than simply choosing a form with a similar title. Probate Court 2, for example, publishes an extensive forms and manuals collection covering probate, guardianship, affidavits, annual accounts, court instructions, and preferred court documents.
Among the available probate materials are guides for muniment of title, independent administration, independent administration with will annexed, and independent executors. Guardianship materials include annual and final reports, the Guardianship Bill of Rights, a medical examination certificate, instructions for different guardian roles, and income and expense worksheets.
A frequent mistake is preparing for a hearing without checking whether the assigned court requires a checklist, client-signed instruction, staff review, or a particular scheduling process. Court-specific instructions should therefore be reviewed before requesting a setting.
Common Probate Filing Mistakes
Several problems can be avoided by keeping the court’s role separate from the clerk’s role and by reviewing the assigned court’s procedures before filing or scheduling.
Contacting judicial staff for record copies. Certified and non-certified probate copies are handled through the County Clerk’s Probate Department.
Assuming an online record is an official certified copy. Portal information is a public search resource and is not a substitute for official records obtained from the county.
Using an incomplete copy request. Providing the name and available case number helps identify the correct probate file.
Expecting an e-filed proposed order to be signed immediately. Probate Court 1 expressly states that e-filed proposed orders are not instantaneously signed.
Waiting until shortly before a hearing to request an interpreter. Probate Court 1 requires foreign-language interpreter requests by email at least one week before the hearing.
Trying to cancel a Probate Court 1 setting within five business days without approval. The court's restriction applies to hearings, settings, and appearances.
Requesting a Probate Court 3 hearing before checklist review. The completed checklist and case must first go through the required paralegal review.
Calling Probate Court 2 too soon about a routine submitted order. That court directs users to wait three weeks before seeking a status update unless the matter is an emergency.
Assuming a power of attorney continues after death. The county states that a power of attorney terminates when the principal dies.
Assuming every probate application can be filed without counsel. Many proceedings involve representation of an estate, beneficiaries, heirs, creditors, or a ward, which can require a licensed attorney.
Probate Court Offices
Probate Court 1
100 Dolorosa, Room 117
San Antonio, TX 78205
210-335-2546
Probate Court 2
100 Dolorosa, Room 123
San Antonio, TX 78205
210-335-2678
Probate Court 3
100 Dolorosa, Suite 1.20
San Antonio, TX 78205
210-335-1917
Mental Health Court (Probate)
300 Dolorosa, Basement, near Jury Duty
San Antonio, TX 78205
210-335-2536
Probate Clerk
100 Dolorosa, Basement, Old Courthouse
San Antonio, TX 78205
210-335-2241
Lucy Adame-Clark, Bexar County Clerk Probate Department
100 Dolorosa, Suite 104
San Antonio, TX 78205
210-335-2241
Probate Courts FAQs
Can the public watch probate court hearings?
Yes. Bexar County states that the public may observe probate court proceedings, although a proceeding can be closed under specific circumstances. Probate Court 2 posts a daily notice of scheduled proceedings outside its courtroom doors. Probate Court 3 also allows the public to observe proceedings in its courtroom, including matters in which all participants appear electronically. Anyone planning to observe a case should understand that public access does not mean every probate matter will remain open in every circumstance. The individual court’s current procedures should be checked before attending.
What if I cannot afford the probate court costs?
Probate Court 3 provides a Statement of Inability to Pay Court Costs for qualifying applicants. According to the court, the form is limited to applicants who are below 200% of the Federal Poverty Line and cannot afford to hire an attorney or pay court costs. The court also notes that the form is not appropriate when a client is paying an attorney for legal services. Applicants should review the eligibility requirements on the official Probate Court 3 page before relying on this option.
Does a small estate affidavit need Medicaid paperwork?
Probate Court 3 instructs filers to address the Medicaid Estate Recovery Program when submitting a Small Estate Affidavit. A completed MERP certification should accompany the affidavit to establish whether the decedent’s estate has a Medicaid claim. The court specifically warns filers not to use the outdated fax number shown on the form. The certification response should be obtained before the Small Estate Affidavit is filed when the court’s instructions require it.
Do guardians have registration requirements after appointment?
Guardianship responsibilities can include requirements beyond filing reports with the probate court. Bexar County’s court materials direct prospective guardians to register through the Judicial Branch Certification Commission process. Probate Court 2 also provides information on Texas guardianship registration in its official forms and manuals collection. Guardians should review the assigned court’s current instructions because required forms, registration steps, and court documentation can depend on the type of guardianship and the person’s role.