The term probate translates from Latin literally as "proof" and has come to mean the act or process of proving a will in Texas legal procedures. Jurisdiction of probate courts in Texas includes probate matters and matters involving the guardianship of incapacitated persons and minors. Probate and Guardianship cases deal with protecting the wishes, rights, and obligations of persons regarding their property when these persons are unable to do so as result of death or incapacitating illness, either physical or mental.
The County Court, County Court at Law and County Court at Law #2 has general jurisdiction of probate court cases. The court shall probate wills, grant letters testamentary, administration and guardianship, settle accounts of personal representatives, and transact all business appertaining to estates subject to administration
The clerk's duties in probate cases are varied and include filing cases, issuing processes, maintaining records of proceedings, issuing certified copies and appeals.