Overview
Burleson County is located in Texas with a population of approximately 20,179. The Burleson 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 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 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 probating a will without administration. Note: The county's Small Estate Affidavit checklist references an older $50,000 threshold; verify the current threshold being applied with the County Clerk.
Texas law does not set a mandatory statutory fee schedule for attorneys or executors based on a percentage of the estate; instead, fees must be "reasonable" and are often hourly or flat-fee based. Executors may be entitled to a 5% commission on sums received and paid out in cash, subject to court approval.
This guide provides an informational overview of the Burleson 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
Burleson County Court
Probate matters in Burleson County are handled at the Burleson County Courthouse.
Address: 100 West Buck, Suite 203, Caldwell, Texas 77836
Phone: 979-567-2329 (County Clerk)
Hours: Monday-Friday 8-5pm
The County Clerk's office serves as the clerk of the court for probate matters. The court is located in the county seat of Caldwell.
Parking and Access
Public parking is generally available around the courthouse square and on adjacent streets. Visitors should be prepared for security screening upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: For intestate estates valued at $75,000 or less (excluding homestead and exempt property), heirs may file an affidavit to transfer assets without full administration. Note: Verify the current threshold with the County Clerk, as local forms may reference an older $50,000 limit.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), this streamlined process establishes ownership.
- 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 (or Letters of Administration) with the Burleson County Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- Filing fee (verify current amount with County Clerk)
- Civil Case Information Sheet
Texas courts generally require probate documents to be e-filed.
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 Burleson County (e.g., Burleson County Tribune) 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, typically after the 10-day posting period has elapsed (often 2-3 weeks after filing). At the hearing, the judge reviews the application, hears testimony (often a "prove-up"), and if approved, signs the order admitting the will to probate.
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
Burleson County-Specific Procedures
- E-filing: Burleson County requires e-filing for most civil and probate documents.
- Small Estate Affidavit: The court provides a specific checklist for Small Estate Affidavits. Note that the county's checklist PDF may reference an older $50,000 threshold; the current Texas Estates Code threshold is $75,000 (excluding homestead and exempt property). Verify which threshold is being applied with the County Clerk.
- Hearings: Hearings are typically held in the County Court. Contact the Court Coordinator or County Clerk to schedule a hearing date after the citation return date.
- Publication: Notice to creditors is commonly published in the Burleson County Tribune.
Always check with the County Clerk's office for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Burleson County)
- Probate of Will / Administration: approximately $426.00 (includes citation/posting)
- Small Estate Affidavit: verify current fee with County Clerk (county forms reference $301; other sources indicate approximately $360)
- Contest a Will: approximately $95.00
- Letters Testamentary/Administration: $4.00 per issuance
- Judge's Signature: $4.00
- Sheriff/Constable Service: $50.00 (often included in the base filing total)
Note: Fees are subject to change. Verify exact amounts with the County Clerk.
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit cards (credit cards may incur a convenience fee). Personal checks may not be accepted for all fees.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-9 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period for the citation sets the minimum wait time before a hearing can be held.
Local Resources
Burleson County Court Resources
- Court Website: Burleson County Clerk
- Probate Court Info: Burleson County Probate
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- Texas Bar Lawyer Referral: texasbar.com
- Lone Star Legal Aid: (800) 733-8394 — Provides civil legal aid to low-income Texans.
Publication
- Burleson County Tribune: (979) 567-3286 — Common newspaper for probate notices.