Overview
Bastrop County is located in Texas with a population of approximately 114,931. The Bastrop 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 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 several simplified procedures for smaller estates. The Small Estate Affidavit is available if the value of the estate, excluding the homestead and exempt property, is $75,000 or less. Another option is Muniment of Title, used when there is a valid will and no unpaid debts (except those secured by real estate), which transfers title without a full estate administration.
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. If the will provides for it, or if all beneficiaries agree, the executor can act largely free of court control after being appointed.
This guide provides an informational overview of the Bastrop 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
Bastrop County Court at Law
Probate matters in Bastrop County are handled at the Bastrop County Courthouse.
Courthouse Address (for hearings): 804 Pecan Street, Bastrop, TX 78602
County Clerk Address (for filings): 803 Pine Street, Bastrop, TX 78602
Phone: (512) 332-7234 (County Clerk for filing services)
Probate Court Coordinator: (512) 332-7201
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 4:00 PM
The County Court at Law presides over probate cases. The County Clerk's office at 803 Pine Street receives all filings. Hearings are held at the Courthouse at 804 Pecan Street. It is recommended to check the court's docket online or call ahead to confirm hearing availability.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required for entry into the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may file this affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will but no need for administration (no debts other than mortgage), this procedure validates the will to transfer property titles.
- 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 of Will and Issuance of Letters Testamentary (or Letters of Administration) with the Bastrop County Clerk at 803 Pine Street. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $360)
- Proposed Order
Texas courts mandate e-filing for all civil and probate cases through eFileTexas.gov.
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 Bastrop County (e.g., Bastrop Advertiser) within one month of receiving Letters.
- Mail notice: Send notice to all heirs and beneficiaries listed in the will.
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, hears testimony (often a "prove-up"), and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify secured creditors within 2 months and unsecured creditors (permissive).
- Inventory and appraise all estate assets and file an Inventory, Appraisement, and List of Claims within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible).
- Pay valid creditor claims and estate expenses.
- File federal income tax returns (and estate tax returns if the estate exceeds the federal threshold).
- Distribute assets to beneficiaries.
- File a closing report or notice to close the estate once administration is complete.
Local Requirements
Bastrop County-Specific Procedures
- E-filing: All documents must be filed electronically via eFileTexas.gov.
- Pro Se Applicants: The court generally requires applicants to be represented by an attorney for probate proceedings, as representing an estate is considered the practice of law.
- Hearings: Uncontested probate hearings (prove-ups) are typically held on specific docket days. Check with the Court Coordinator at (512) 332-7201 for scheduling.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Bastrop County, such as the Bastrop Advertiser or Elgin Courier.
Always check the Bastrop County Clerk's website for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Bastrop County)
- Probate of Will / Letters Testamentary: approximately $360
- Muniment of Title: approximately $360
- Small Estate Affidavit: approximately $360
- Contest of Will: approximately $30
- Certified copies of Letters: approximately $2 per copy plus $5 certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Texas law sets statutory executor commissions at 5% of all sums actually received and paid out in cash (with specific exceptions). Attorney fees are typically hourly or a flat fee agreed upon with the client.
Payment Methods
The County Clerk accepts cash, credit/debit cards (with a processing fee), cashier's checks, and money orders. Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (Independent Administration): 4-8 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than about two weeks after filing. The inventory is due 90 days after the personal representative qualifies.
Local Resources
Bastrop County Court Resources
- Court Website: Bastrop County Court at Law
- County Clerk Probate: Bastrop County Clerk
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- Bastrop County Bar Association: Contact local attorneys directly.
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Bastrop Advertiser: (512) 321-2557 — General circulation newspaper.
- Elgin Courier: (512) 285-3333 — General circulation newspaper.