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1. How do I get a copy of a Last Will and Testament?

We must have a cause (case) number to refer to, so if you do not have the cause number, go to Search Probate and Guardianship records at the link available at the bottom and search by the decedent’s name. All probates filed in Taylor County are listed. If the name you are searching for does not appear, we do not have a probate case by that name. When you do find the name you are searching for, you will be able to see a list of all documents filed within the case. You can contact our office by phone (325-674-1202) or email at county.clerk@taylorcounty.texas.gov giving the cause number & the title of documents you will need copies of and we will let you know the total number of pages.

http://publicaccess.taylorcounty.texas.gov/

2. Can I file my Will in the County Clerk’s office?

There is a misconception in the public that you can bring your Last Will and Testament to our office and have it recorded, but this is not true. The law states “an unprobated will may not be so recorded even though it has an acknowledgment thereon”, AG OP M-5111. However, an unprobated will can be attached as an exhibit to a properly acknowledged recordable affidavit.

We can take your original Will and store it for you, this procedure is called Safekeeping, however, we do not recommend it. We are mandated by law to follow several procedures if you or a family member wanted get your Will out of safekeeping. We strongly advise you to keep your original Will stored in a safe place and notify at least one family member the location of where the Will is stored.

3. Can I probate a Will without hiring an attorney?

Most people do not realize that there are different ways to probate a Will and that the wording in a Will must meet several legal requirements mandated by law. If the Will does not meet the legal requirements or if the decedent died without a Will, (intestate) an administrator may need to be appointed. All probate procedures require legal paperwork, some more than others, to be filed with the County Clerk and presented to the Judge who will hear the probate case. We do not have the paperwork and more importantly, we cannot give you legal advice as to which probate procedure would best suit the decedent’s estate and whether or not you properly prepared your paperwork. The risk of an error is too great and the consequences could lead to a denial of the probate procedure, in which your filing fees would not be refunded and could even lead to law suits. The County Clerk’s office strongly recommends that an attorney be hired for this very important procedure. However, if you insist on trying to go through a probate procedure yourself (pro-se), please go to this link, for additional information.

http://www.taylorcounty.texas.gov/DocumentCenter/

4. How do I get additional Letters of Testamentary?

You may either come into our office or send a written request along with payment of $2.00 for each Letter. If you send a request through the mail, please inform us of the cause number for the decedent’s estate. If you do not know the cause number, please follow this link, to search Probate records.

http://publicaccess.taylorcounty.texas.gov/