Overview
Brazos County is located in Texas with a population of approximately 249,624. The County Court at Law No. 1 & No. 2 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 a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is a Muniment of Title, used when there is a will but no need for administration (no debts other than mortgage).
Texas law allows for reasonable attorney's fees. Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to court approval.
This guide provides an informational overview of the Brazos 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
Brazos County Courthouse
Probate matters in Brazos County are handled at the Brazos County Courthouse.
Address: 300 E 26th St, Bryan, TX 77803
Phone: (979) 361-4128 (County Clerk - Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located on the first floor. Probate hearings are typically held in the County Court at Law courtrooms.
Parking and Access
Public parking is available in lots surrounding the courthouse and along nearby streets. Security screening is required for entry.
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.
- Muniment of Title: For estates with a will but no debts (other than a mortgage) and no need for an executor to be appointed.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary with the County Court at Law No. 1 & No. 2. Include:
- Original Last Will and Testament
- Probate Case Information Sheet (required by Local Rule)
- Certified copy of Death Certificate
- Filing fee (approx. $360)
- Citation issuance fee
E-filing is mandatory for attorneys and available for pro se litigants via E-File Texas.
Step 3: Provide Notice
After filing, you must:
- Wait for posting: The County Clerk will post a citation at the courthouse for at least 10 days before the hearing.
- Publish notice to creditors in a newspaper of general circulation in Brazos County (e.g., The Eagle) within one month of qualification.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing (once the 10-day posting period expires). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — publish notice in a local newspaper and send notice to secured creditors within 2 months.
- Inventory and appraise all estate assets within 90 days of qualification.
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Brazos County-Specific Procedures
- Probate Case Information Sheet: Must be filed with all new probate applications (Local Rule 2024-1).
- E-Filing: Mandatory for attorneys; pro se litigants are encouraged to use E-File Texas.
- Hearings: Hearings are generally held in person; check with the specific court coordinator for remote options.
- Publication: Notice must be published in a newspaper of general circulation in Brazos County for one time.
Always check the latest Local Rules of Administration for Brazos County Courts at Law.
Timeline & Fees
Filing Fees (Brazos County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Citation Posting: ~$64
Texas law provides for reasonable attorney's fees and executor commissions (typically 5% of funds handled).
Payment Methods
The court accepts cash, credit cards (with fee), cashier's checks, and money orders. Personal checks are generally not accepted from pro se litigants.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year to 2+ years
Timelines are affected by the mandatory 10-day posting period and the creditor claim period.
Local Resources
Brazos County Court Resources
- Court Website: brazoscountytx.gov
- Probate Self-Help: Texas Law Help - Wills, Estate Planning and Probate
- Texas Probate Forms: Texas State Law Library
Legal Aid and Attorney Referrals
- Brazos County Bar Association: (979) 846-1934 — Local bar resources
- Lone Star Legal Aid: (979) 775-5050 — Legal assistance for low-income residents
- State Bar Lawyer Referral: texasbar.com
Publication
- The Eagle: (979) 776-4444 — Newspaper of general circulation in Bryan-College Station
- Brazos County Public Notices: Online repository (check court for eligibility)