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Travis Texas Form W-12: What You Should Know

Mailed to the court if a will, trust, or probate document is to be filed electronically (by way of the Texas Courts Online Filing System ),  2) Attorn to the Clerk's Office, ATTN: Probate Clerk — 5602 E. 35th St., Suite 200 Austin, TX 78701 or 8069 Mopey, Austin, TX 78724 (FEMA Form 3930).  3) If a will, trust, or probate document is not to be filed electronically, you must personally file at the probate court, attorney will provide and file with the court your affidavit of election to be appointed a deputy or a substitute clerk at the probate court. (Texas Supreme Court, Code of Civil Procedure § 12.04). This affidavit must be signed and sworn to by the attorney and a witness that attests to the attorney's authority to do so. If a witness is not available, the attorney will state in the affidavit their authority and if a deputy will have to be appointed at the probate court. (Attorney's Handbook of Texas, Vol. 10) If a deceased person left no will then the executor can still file for probate. This form is used if a will and/or a living person's signature is not found on the will. Filing in Person (if possible) or Request via the “Web Filing System”. Form W-10, Request for Probate. If the will is incomplete, or it has been probated with no will attached, prepare a letter showing all the facts behind the filing of the Probate Notice and provide this letter with your signed probate complaint and accompanying affidavit to the Probate Section for processing by the probate clerk. The fee is 25 for the affidavit (FEMA Form 3935) 75 for affidavit of election. If you have not yet filed a will or executed a Will, Attorneys Handbook of Texas, Vol. 11, you can find this form in the book. You can also call the Probate Section at and ask to be placed on the automated filing system.

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