Overview
Atascosa County is located in Texas with a population of approximately 52,783. The Atascosa County Court at Law handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Texas probate is governed by the Texas Estates Code. The process begins with filing an Application for Probate of Will and Issuance of Letters Testamentary (or Letters of Administration) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Texas offers simplified procedures for smaller estates, such as the Small Estate Affidavit (for intestate estates valued at $75,000 or less, excluding homestead and exempt property) and Muniment of Title (for testate estates with no debts other than those secured by real estate).
Texas law provides for a statutory executor commission of 5% of all sums actually received or paid out in cash, subject to specific limitations.
This guide provides an informational overview of the Atascosa County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Atascosa County Court at Law
Probate matters in Atascosa County are handled by the Atascosa County Court at Law, which is located at a separate address from the main courthouse.
Court at Law Address: 1405 Campbell Ave, Jourdanton, TX 78026
Main Courthouse Address: 1 Courthouse Circle Dr, Jourdanton, TX 78026
Phone: (830) 767-2511 (County Clerk) or (830) 769-4232 (Court at Law)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office at the main courthouse serves as the clerk of the court for probate matters. The Atascosa County Court at Law has concurrent jurisdiction with the district court in probate matters.
Parking and Access
Public parking is available around the courthouse square in Jourdanton and at the Court at Law location. Visitors should be prepared for security screening upon entering courthouse buildings.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent died without a will and the estate is valued at $75,000 or less (excluding homestead and exempt property), you may file a Small Estate Affidavit.
- Muniment of Title: If there is a will and no unpaid debts (except those secured by real estate), you may probate the will as a Muniment of Title to transfer assets without appointing an executor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Probate with the Atascosa County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
E-filing is mandatory for attorneys in Texas and available for pro se litigants.
Step 3: Provide Notice
After filing, you must:
- Post notice: The County Clerk will post a citation at the courthouse for at least 10 days.
- Publish notice: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in Atascosa County (e.g., Pleasanton Express) within one month of receiving Letters.
- Mail notice: Send notice to all beneficiaries and secured creditors as required by the Texas Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed (usually 2-3 weeks after filing). At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order and the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- Inventory and appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Atascosa County-Specific Procedures
- E-filing: Atascosa County accepts e-filing through the state's eFileTexas system.
- Court at Law: While the Constitutional County Court exists, the County Court at Law typically hears probate matters. Note that the Court at Law is located at 1405 Campbell Ave, separate from the main courthouse.
- Hearings: Hearings are generally held in person, though remote options may be available for uncontested matters upon request.
- Publication: Notice to Creditors is commonly published in the Pleasanton Express.
Always check with the County Clerk or the Court Coordinator for the most up-to-date local rules and docket schedules.
Timeline & Fees
Filing Fees (Atascosa County)
- Probate of Will / Administration: approximately $360 (includes posting)
- Small Estate Affidavit: approximately $250-$300
- Muniment of Title: approximately $360
- Issuance of Letters: ~$2.00 per letter
- Publication costs: approximately $100-$150 depending on the newspaper
Payment Methods
The County Clerk accepts cash, credit cards, cashier's checks, and money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (uncontested): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than ~2 weeks after filing.
Local Resources
Atascosa County Court Resources
- County Website: atascosacounty.texas.gov
- County Court at Law: atascosacountycourtatlaw.org
- Texas Probate Forms: guides.sll.texas.gov
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- Pleasanton Express: (830) 569-6100 — pleasantonexpress.com