Managing Attorney
As a Houston estate-planning attorney, my goal is to keep your family’s plan current with Texas law—so your will, trust, and probate strategy work smoothly when it matters most. The 89th Texas Legislature wrapped its regular session this summer, and one substantial probate bill did become law, while another widely discussed idea did not. Here’s what changed, what didn’t, and what it means for you and your family in Houston, Harris County, and across Texas.
What became law: SB 1448 (effective Sept. 1, 2025)
Senate Bill 1448 makes several practical tweaks to the Texas Estates Code to streamline probate administration. Three changes deserve attention:
- Moving a probate case between counties now includes sending the original will (or a qualifying paper copy).
If a probate matter transfers to another county, the clerk must use e-filing to transmit the case documents and must send—by a qualified delivery method—the original will or, where appropriate, the paper copy offered under Estates Code §256.156 (that’s the section used when the original can’t be produced). This is meant to avoid bottlenecks and lost time when a family relocates or venue shifts. (Texas Legislature Online) - A copy of a will with a proper self-proving affidavit can be “self-proved.”
If the original will can’t be produced, a copy that includes a copy of a valid self-proving affidavit now counts to make the will “self-proved,” so you don’t need the subscribing witnesses to appear. (The affidavit still must meet the form/content requirements in Subchapter C, Chapter 251.) Practically, that reduces the risk of delay if the original is misplaced, while still honoring statutory safeguards. (Texas Legislature Online) - Clarity on custody of probated wills.
County clerks must hold either the original will or the qualifying paper copy with the probate file and follow specific procedures if a will is removed for inspection and returned. This is housekeeping that prevents “Where is the will?” hiccups after probate. (Texas Legislature Online)
When does this start?
SB 1448 takes effect September 1, 2025 (with section-by-section transition rules for pending cases). If your loved one passed away earlier, some prior rules may still govern that administration—your attorney will check the timing details for your case. (Texas Legislature Online)
What this means for Houston families
- Less friction if the original will isn’t handy. In real life, originals get tucked into safe-deposit boxes, law-firm vaults, home safes, or—occasionally—lost. If we can locate a copy that includes a proper self-proving affidavit, the court can accept it as self-proved, saving witness wrangling. (We’ll still try to locate the original, but you have a clearer runway.) (Texas Legislature Online)
- Smoother inter-county transfers. Families often downsize from Harris County to Montgomery, Fort Bend, Galveston, or vice versa. The statute now spells out the clerk’s duty to send the original will (or qualifying paper copy) to the receiving court—reducing duplicate legwork and surprises midstream. (Texas Legislature Online)
- Better record integrity. Clear custody rules help ensure your probated will stays anchored to the official file, which matters later for title companies and banks, especially with muniment-of-title probates. (Texas Legislature Online)
From an estate-planning standpoint, I’m still counseling clients in Houston to (1) keep originals organized and accessible; (2) store scanned copies of the signed will and the self-proving affidavit (and share them with your executor); and (3) make sure your executor knows where the original lives. SB 1448 makes probate more forgiving, but good document hygiene keeps your heirs out of court longer than necessary.
What didn’t become law: HB 3819 (remote attendance in uncontested probate)
You may have heard about House Bill 3819, which would have required courts statewide to let parties attend uncontested probate by remote technology (video/teleconference), while preserving open-court access and public guidelines. The concept was popular with many families—especially out-of-town heirs or caregivers—but the bill did not pass in the regular session. Its last action was a committee report sent to Calendars in May; it never crossed the finish line. (Texas Legislature Online)
If you’re curious what it would have done, the introduced text added Estates Code §53.108 to mandate remote access in uncontested cases and to treat remote proceedings as conducted “in open court,” with public access and posted procedures. That text is helpful context for where the conversation might go in a future session, but it’s not in force today. (Texas Legislature Online)
So, can you still appear remotely in probate? Sometimes—at the judge’s discretion. Since 2023, Texas Rule of Civil Procedure 21d lets courts allow or require remote appearances, subject to certain limitations and public-access safeguards. In practical terms, whether you can appear by Zoom or phone depends on the court and the specific hearing. (Texas Courts, St. Cloud State University)
For example, Harris County Probate Court guidance emphasizes that the default is in-person unless a notice or order allows remote participation, then lists exceptions and procedures. Each statutory probate court sets its own protocols consistent with Rule 21d, so our office will check your judge’s current preferences before your setting. (probate.harriscountytx.gov)
Bottom line: HB 3819 would have made remote attendance mandatory for uncontested probate statewide; because it didn’t pass, remote appearances remain permissive—available in many courts but not guaranteed. (Texas Legislature Online, Texas Courts)
Practical takeaways for your Texas estate plan
- Keep your originals, but scan everything. SB 1448 makes it easier to probate with a copy if it contains a valid self-proving affidavit, yet nothing beats producing the original will quickly. Give your executor (and your Houston estate-planning attorney) clear instructions and a document map. (Texas Legislature Online)
- Expect smoother case transfers. If a probate has to move from one county to another (for venue or convenience), the law now outlines exactly how the file—and the will—should follow the case. This reduces administrative detours and costs for your family. (Texas Legislature Online)
- Ask early about remote options. In Harris County and surrounding counties, many uncontested matters still happen by video—especially prove-ups—if the court allows it. We’ll file any required motion, coordinate with the court, and make sure your loved ones can participate efficiently where permitted. (Rule 21d is our authority for requests.) (Texas Courts, probate.harriscountytx.gov)
- Update your will package. If your will predates the 2015 Estates Code housekeeping changes—or your self-proving affidavit is missing or non-compliant—it’s a good time to refresh your documents so your executor can take advantage of SB 1448’s efficiency. (Texas Legislature Online)
FAQs I’m hearing as a Houston estate-planning lawyer
“If my mom’s original will is lost, are we stuck?” Not necessarily. With SB 1448, a copy that includes a copy of a proper self-proving affidavit can be used to make the will self-proved. We’ll still need to show the court we’ve searched for the original and that the will hasn’t been revoked, but the road is easier than it used to be. (Texas Legislature Online)
“Can our out-of-state sibling attend by Zoom?” Often yes, especially for uncontested prove-ups, but it’s case-by-case under Rule 21d and local court policies. We’ll verify with the specific Harris County probate court handling your matter and follow its remote-appearance protocol. (Texas Courts, probate.harriscountytx.gov)
“Does this change whether I should use a living trust?” No. SB 1448 doesn’t take away the reasons some families use a revocable living trust (privacy, disability management, multi-state real estate). Many Houston families still use independent administration and muniment of title probate because Texas’s process is relatively efficient. We’ll tailor your plan—trust or will-based—around your assets, beneficiaries, and goals.
Final word
For Texans planning ahead—or serving as executors—SB 1448 is a welcome modernization that reduces busywork and gives families more flexibility when an original will isn’t readily available. HB 3819 didn’t make it into law, so remote probate attendance remains available by court discretion under TRCP 21d, not by statewide mandate. If you’re in the Houston area and want to ensure your will, self-proving affidavit, and executor instructions are up to date—or you need help navigating a Harris County probate—reach out. A short review now can save your family time, stress, and money later.