Nothing in Texas probate, estate, or guardianship law takes effect September 1, 2026. The fourteen bills carrying that date cover public education and special education funding, distributed renewable generation, the statutory definition of the border region, arbitrator continuing education, volunteer firefighter compensation, veterinary facility registration, digital right to repair, residential solar sales registration, manufactured housing, gold and silver as legal tender, the abolition of a state advisory council, and the creation of seven new district courts. None of them touches a will, an estate, or a guardianship. If you are reviewing your will, trust, or other estate planning documents, an Arlington, TX estate planning lawyer can help you understand how current Texas law applies to your plan and identify any updates that may be appropriate.
Two changes from 2025 matter, and one of them is being summarized incorrectly in a lot of places.
The Texas lost will rule, stated correctly
Effective September 1, 2025, Estates Code section 256.156 gained a new subsection (c). You will see it described as “a copy of a will is now self-proved in Texas.” The statute says something narrower.
Section 256.156 is titled Proof of Will Not Produced in Court. It governs proof of a will that cannot be produced, which is to say the lost original. The new subsection reads: “A copy of a will that cannot be produced in court that includes a copy of a self-proving affidavit is sufficient to make the will self-proved if the self-proving affidavit meets the form and content requirements under Subchapter C, Chapter 251.” The 89th Legislature enacted that language twice, in Section 3 of Senate Bill 1448 and in identical terms in Section 2 of House Bill 3421, both effective the same day.
What that removes is the need to locate a subscribing witness to prove execution. What it does not remove is everything else in the statute. Subsections (a) and (b) were untouched. The proponent still has to prove the cause of nonproduction sufficiently to satisfy the court that the will cannot by any reasonable diligence be produced, and still has to substantially prove the contents through the testimony of a credible witness who has read either the original or a copy of the will, has heard the will read, or can identify a copy of it.
The answer to “we cannot find Mom’s original will, is the copy good enough?” got better in 2025 without getting simple. If you are holding the original of your own will, keep holding it, and tell someone where it is.
Senate Bill 1448 also tightened two things that matter to heirs. Under Estates Code section 452.006(c), proof of service of the required notice of a temporary administrator’s appointment must be filed not later than the seventh day after letters of temporary administration are issued, which preserves the window to contest. And under section 309.051(a)(2), an inventory must state whether the decedent was married at the time of death and, if so, specify which portion of the property is separate and which is community.
Texas guardianship transfers got faster, and cheaper
Senate Bill 1760 took effect September 1, 2025 and reworked guardianship venue and transfer. Under Estates Code section 1023.002(c), if a guardianship proceeding is pending in an improper county, the court shall transfer it on the application of any interested person rather than deciding whether to. Under section 1023.006, transfers between counties move through the electronic filing system on the standardized transfer certificate and certified index forms developed by the Office of Court Administration, and the clerk must act not later than the tenth working day after the transfer order is signed. Under section 1023.004(a), sureties on the guardian’s bond must be cited by a qualified delivery method rather than by personal service.
The fee piece arrived later. New Estates Code section 1023.0071 sets the filing fee in the receiving county for a transferred guardianship in which the guardian was previously appointed and qualified at a flat $80. The receiving clerk may not assess any other filing fee in connection with filing and docketing the transferred case, and no portion of the $80 goes to the state. That fee took effect January 1, 2026 rather than September 1, 2025, because Government Code section 51.607(c) provides that a new or changed court cost or fee does not take effect until the January 1 following the effective date of the enacting law. The Office of Court Administration confirmed the date in its statutory notice published in the Texas Register.
If you are managing a guardianship for a parent who has moved counties, these changes shorten the transfer and cap what the receiving clerk can charge for it.
What did not pass
House Bill 3819, which would have required courts statewide to permit remote appearances in uncontested probate matters, did not pass. It was reported favorably out of committee and distributed to Calendars on May 6, 2025, and was never set for floor consideration. Whether you can appear by video for an uncontested probate still depends on your county and your judge.
The thing nobody legislated
No statute will find your documents for your family. The problems we see most often in probate have nothing to do with the law at all: a will nobody can locate, a beneficiary designation nobody updated after a divorce, a power of attorney that died with the person who needed it.
Each of those takes an afternoon to fix now and a great deal more after a death.
If any of this touches a matter you are dealing with right now, we are glad to talk it through. Call (817) 841-9906 or request a consultation at brandyaustinlaw.com/contact/.
Frequently asked questions
Does any Texas probate or guardianship law take effect September 1, 2026?
No. None of the fourteen bills carrying a September 1, 2026 effective date touches a will, an estate, a trust, or a guardianship.
Is a copy of a will self-proved in Texas now?
Only in the lost-will context. Estates Code section 256.156(c), effective September 1, 2025, provides that a copy of a will that cannot be produced in court and that includes a copy of a self-proving affidavit is sufficient to make the will self-proved, if the affidavit meets the form and content requirements of Subchapter C, Chapter 251.
What else must I prove if the original will is lost in Texas?
Two things survive unchanged. You must prove the cause of nonproduction sufficiently to satisfy the court that the will cannot by any reasonable diligence be produced, and you must substantially prove the contents through a credible witness who read the original or a copy, heard the will read, or can identify a copy.
How much does it cost to transfer a Texas guardianship to another county?
Under Estates Code section 1023.0071, the receiving county’s filing fee is a flat $80 where the guardian was previously appointed and qualified. The receiving clerk may not charge any other filing fee for filing and docketing the transferred case, and no portion goes to the state. The fee took effect January 1, 2026.
How fast must a Texas clerk act on a guardianship transfer order?
Not later than the tenth working day after the transfer order is signed. Under Estates Code section 1023.006, the record moves through the electronic filing system on standardized Office of Court Administration forms.
Can I appear by video for an uncontested probate in Texas?
It depends on your county and your judge. House Bill 3819, which would have required courts statewide to permit remote appearances in uncontested probate matters, did not pass in 2025. Remote appearances remain discretionary.
If you have questions about your will, estate plan, probate matter, or a guardianship involving a loved one, it is important to understand how the law applies to your specific circumstances. Brandy Austin Law Firm can help you review your estate planning documents, understand the legal requirements that may apply when an original will cannot be located, and address issues that may arise during probate or a guardianship transfer. Taking time to address these matters in advance can help reduce uncertainty and make it easier for your family to carry out your wishes. Contact the firm to discuss your circumstances, understand your available options, and determine what steps may be appropriate for your situation.