Texas Probate Form

Application For Probate Of Will (Mt)

Everything you need to know about Texas Form Application For Probate Of Will (Mt), including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related TX probate forms.

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About Application For Probate Of Will (Mt)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Probate Of Will (Mt) is a commonly used form within Texas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Probate Of Will (Mt)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Probate Of Will (Mt):

  • This form pertains to the State of Texas

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Texas’s Form Application For Probate Of Will (Mt) up to date, certain details can change from time-to-time with little or no communication.

How to file Form Application For Probate Of Will (Mt)

Step 1 - Download the correct Texas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Texas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Application For Probate Of Will (Mt), take a break, and then review. Probate and estate settlement processes in TX are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Application For Probate Of Will (Mt) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Probate Of Will (Mt) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Application For Probate Of Will (Mt) is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Texas.

5 reasons you should submit this form as quickly as possible:

  1. The sooner you begin, the faster Texas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Texas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of Texas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Texas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Texas probate clerk or court for exact answers regarding Form Application For Probate Of Will (Mt), and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit this form Online

Application For Probate Of Will (Mt) is one of the many probate court forms available for download through Atticus.

It may also be available through some Texas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Texas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Application For Probate Of Will (Mt) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Texas probate court office.

Application For Probate Of Will (Mt) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Texas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

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Did you know?

  • Form Application For Probate Of Will (Mt) is a probate form in Texas.

  • Texas has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Texas.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Texas, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Application For Probate Of Will (Mt)

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form Application For Probate Of Will (Mt)

Here’s the text, verbatim, that is found on Texas Form Application For Probate Of Will (Mt). You can use this to get an idea of the context of the form and what type of information is needed.

No. ________________ IN THE ESTATE OF ) ) IN THE _____________ COURT FOR ) ______________ COUNTY, TEXAS ____________________________, ) DECEASED ) 1. Applicant is an individual interested in this estate, domiciled in ________________, in _________ County, in the state of ______________. The last three numbers of Applicant’s driver’s license number are ________. The last three numbers of Applicant’s Social Security number are ________. 2.Decedent died on ______________ in _________________________, in ____________County, in the state of _______________, at the age of ________ years. The last three numbers of Decedent’s driver’s license number are _________ and the last three numbers of Decedent’s Social Security number are __________. 3.This Court has jurisdiction and venue because Decedent was domiciled and had a fixed place of residence in this county on the date of death. 4.Decedent owned _____________________ described generally as: ________________________________________________________________________ This property has probable value of approximately $_________________. 5.Decedent left a valid will dated _________________, which was never revoked and is filed herewith. __ The decedent also left codicil(s) dated ______________________, which was never revoked and is filed herewith (check if applicable). Application for Probate of _______________ as a Muniment of Title On this day, ___________________, the Applicant, furnishes the following information to the Court for the probate of the ________ _______ of _________________, Decedent, as a muniment of title: 6.The subscribing witnesses to the Will are: _____________________________________. The Will was made self-proved in the manner prescribed by law. 7.No child or children were born to or adopted by Decedent after the date of the Will. 8.After the date of Decedent’s Will, no marriage of Decedent was dissolved. 9.There are no unpaid debts owed by Decedent that are not secured by liens on real estate, and there is no necessity for any administration of this estate. 10.The Will did not name either the State of Texas, a governmental agency of the State of Texas, or a charitable organization as a devisee. 11.Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005. 12.______________________, who resides in ____________________(state), was named in the Will/Codicil to be executor. The physical address at which service may be had is ______________________________________________________________________. 13.Four years have not elapsed since Decedent’s death. 14.Applicant asks the Court not to require Applicant to file a sworn statement stating specifically those terms of the Will (and Codicil if applicable) that have been fulfilled and those that have been unfulfilled. Applicant prays that citation issue as required by law to all persons interested in this estate; that the _______________ be admitted to probate as a muniment of title and without any administration thereon; and that all other orders be signed as the Court may deem proper. Respectfully submitted, ______________________________________ Applicant Signature Printed name: _________________________ Address: ______________________________ Phone number: _________________________ Fax Number: ___________________________ Email: _________________________________

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