Overview
Blanco County is located in Texas with a population of approximately 13,358. The Blanco County Court 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 a 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 a simplified procedure known as a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This process avoids full administration. Another option is a Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Texas law provides for independent administration, which minimizes court supervision. Statutory executor commissions are generally 5% of sums received and paid out in cash, with specific exceptions.
This guide provides an informational overview of the Blanco 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
Blanco County Court
Probate matters in Blanco County are handled at the Blanco County Courthouse.
Address: 101 E. Cypress, Johnson City, TX 78636
Phone: 830-868-7357 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is responsible for maintaining probate records. The Constitutional County Court presides over probate cases.
Parking and Access
Public parking is available around the courthouse square in Johnson City. The building is accessible to the public during business hours.
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 an affidavit to transfer assets without full probate.
- Muniment of Title: If there is a valid will and no unpaid debts (except a mortgage), you can probate the will as a Muniment of Title to transfer property ownership 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 of Will and Issuance of Letters Testamentary (or Letters of Administration) with the Blanco County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants via eFileTexas.gov.
Step 3: Provide Notice
After filing, you must:
- Wait for the posting period: The County Clerk will post a citation at the courthouse for at least 10 days.
- Publish notice: For independent administrations, you must publish a Notice to Creditors in a newspaper of general circulation in Blanco County (e.g., Blanco County News) within one month of receiving Letters.
- Mail notice: Send notice to secured creditors and beneficiaries as required by the Texas Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application after the 10-day posting period expires. At the hearing, the judge reviews the application, hears testimony (often a "prove-up"), and if approved, signs the order admitting the will and appointing the representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- 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 taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Blanco County-Specific Procedures
- E-filing: Mandatory for attorneys; pro se litigants may file in paper or electronically.
- Local Rules: The court may have specific local rules regarding the scheduling of hearings and the submission of proposed orders. Check with the County Clerk or Court Coordinator.
- Hearings: Probate hearings are typically held in the County Court. Contact the court coordinator to schedule a "prove-up" hearing once the posting period has passed.
- Publication: Notice to Creditors should be published in a local newspaper such as the Blanco County News.
Timeline & Fees
Filing Fees (Blanco County)
- Probate of Will / Letters Testamentary: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Posting/Citation: included in base fee or approx. $8-$100 depending on service method
- Publication costs: approximately $50-$150 depending on the newspaper
Texas law allows for a statutory executor commission of 5% of all sums actually received and paid out in cash, subject to specific definitions and limitations in the Estates Code.
Payment Methods
The County Clerk accepts cash, checks, money orders, and credit cards (with a convenience fee).
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 approximately two weeks after filing.
Local Resources
Blanco County Court Resources
- Court Website: co.blanco.tx.us
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: 888-988-9996 — trla.org
Publication
- Blanco County News: 830-833-4545 — blanconews.com