Probate Department
The County Clerk serves as the Clerk of the Court for County Court at Law. The Clerk’s responsibilities include receiving the filings for probate cases, preparing notices and citations, and maintaining records associated with the case. In general, the Probate Court probates the wills of deceased persons, declares the heirs of deceased persons who die without a will, establishes guardianships for incapacitated persons and minors and supervises court-ordered involuntary mental health commitments. Walker County Clerk’s office uses the Texas Estate Code Book for Rules of Filing. The Estate Code can be found on the Texas Constitution and Statutes website. For all Probate & Guardianship matters, it is recommended that you seek the advice of an attorney.
Online access to Odyssey for Probate case management, Please remember our files are public record;
however our office can only give general information in reference to cases filed.
Public Access to Court Records - Click Here
Per Senate Bill 1139, Passed by the 84th Legislative Session: E-File Mandate effective January 1, 2016 for Walker County Per the Texas Supreme Court mandate miscellaneous order MD 12-9208, all documents that are part of probate matters must be e-filed.
Mailed documents will only be accepted by Pro-Se fillers as they do not fall under the Mandate issued by the Supreme Court. Documents mailed from an attorney will be returned unfiled so that you may e-file them accordingly.
Paper documents brought into the County Clerk’s Office will only be accepted by Pro-se filers, Original Orders from the Judge or paper documents that were accepted as Bench Filings with the proper date/time stamp by the Judge as per statute. NO FAX filings will be accepted by this office.
No paper documents from attorneys will be accepted over the counter for filing in the County Clerk’s Office, unless they fall under the exceptions listed below. This mandate does not apply to individuals who are not represented by attorneys.
Exceptions to E-filing:
Wills are not required to be filed electronically. If a will is filed electronically, the original must be presented to the Clerk’s Office within 3 business days after the application is filed.
The following documents must not be filed electronically:
Documents filed under seal or presented to the court in camera.
Documents to which access is otherwise restricted by law or court order.
Please visit www.efiletexas.gov for registration information and for additional information to assist with electronic filing.
When requesting issuances through the e-filing system:
The request form MUST be a separate lead document (it is not an exhibit to another document, so please do not add it as an attachment to another lead document) Select the Filing Code: On New Suites select "Application" and on Subsequent filings select "Request" Select the correct Issuance Fee under "Optional Services" If requesting issuances to be served by Certified mail or through the Walker County Constable or Sheriff, the fees for a copy of the Pleading to be served NEEDS to be paid. Select "Copy (ies)" under optional services. Upload the "Request" and DO NOT attach the pleading to be served
UPDATED REGISTRY INFORMATION
- Before any Registry Funds can be released, a Registry Information Sheet must be filled out with the person's or entity's information (those receiving the funds) once the Order to release the funds is signed by the Judge.
- The information must include social security numbers and/or tax ID numbers.
- The only time we need the Registry information sheet is when money is being deposited.
PROBATE HELPFUL TIPS
- All requests for issuance must be in writing.
- Private Professional Guardian applications must be renewed each year.
- Please send a self- addressed stamped envelope with any copies you would like returned to your office. Or, if you have a box, you may attach a note to place your copies in the box.
- If your documents are stapled together they will be treated as one document. Each document intended to be filed for record must be stapled separately.
- When filing an "Objection" to an Application for Sale of Real Property, please make sure that that the objection is clearly stated in the title. The clerks have an obligation to bring these to the Judge's attention as soon as possible.
- "In Camera" - Please make sure that the words "In Camera" are placed at the top of your document. This means that these documents are not to be filed for public record.
- There must be an Order Approving Bond when a Surety Bond is filed.
- Please send a self- addressed stamped envelope with any copies you would like returned.
Registry Money: Please attach a Walker County Clerk Registry Form. Please make sure that the "interest" is addressed in your Order Releasing Funds from the Registry of the Court.
All questions regarding hearings must be directed to the Court Coordinator, 936-436-4921
Helpful Resources
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- All questions regarding hearings must be directed to the Court Coordinator at 936-436-4921
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Small Estate Forms and Instructions - TexasLawHelp.org
- Request for Issuance of Service
- Request for Probate Copies - Letters
- Annual Report (Financial) for Guardianship
- Annual Report (Person) for Guardianship
