Rules of Probate Procedure – 2026
The probate rules, which apply to FORMAL probate under Code sections 40.0301 through 40.0333 and expressly not to the informal small-estate procedure at 40.0334 through 40.0342 (TCRPr 1). Probate sits in the High Court's Trial Division. Sixteen rules, read alongside the civil rules, which apply generally.
Browse all 16 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.
Rule 1
Title and Scope
Rule 2
Application
Rule 3
Definitions
Rule 4
Formal Probate
Rule 5
Petition for Letters Testamentary
Rule 6
Petition for Letters of Administration with Will Annexed
Rule 7
Petition for Letters of Administration
Rule 8
Filing of Documents
Rule 9
Hearings
Rule 10
Notice of Hearing; Service
Rule 11
Proof of Execution of Will
Rule 12
Newly Discovered Property
Rule 13
Bank Account
Rule 14
Payment to Creditors
Rule 15
Use of Appraisers
Rule 16
Use of Masters