Overview
Burnet County is located in Texas with a population of approximately 55,722. The 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 (if there is a will) or an Application for Letters of Administration (if there is no will). 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 estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law provides for reasonable compensation for executors and administrators, typically capped at 5% of all sums actually received and paid out in cash. Attorneys' fees are generally based on a reasonable fee standard rather than a statutory percentage.
This guide provides an informational overview of the Burnet 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
Burnet County Court at Law
Probate matters in Burnet County are heard by the County Court at Law, located at the Burnet County Courthouse.
Address: 220 S. Pierce Street, Burnet, TX 78611
Phone: (512) 756-5406 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office serves as the clerk for the probate court. All filings should be directed here. The court is located on the historic courthouse square in downtown Burnet.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The building is accessible to persons with disabilities; look for ramp access and elevators upon entry. Security screening is required for all visitors entering the courthouse.
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 a Small Estate Affidavit to transfer assets without full administration.
- 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 records 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 Burnet County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $360, varies by specific action)
- Proposed Order
Texas mandates e-filing for all civil and probate cases where the filer is represented by an attorney. As of September 1, 2025, attorney representation is required for most probate matters including letters testamentary, letters of administration, determination of heirship, muniment of title, small estate affidavit, and guardianship proceedings.
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, you must publish a notice to creditors in a newspaper of general circulation in Burnet County (e.g., Burnet Bulletin) within one month of receiving Letters.
- Mail notice: Send notice to all beneficiaries named in the will and to secured creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 4 weeks after filing (after the 10-day posting period). At the hearing, the judge reviews the application, hears testimony (often a "prove-up" of the will), and if approved, signs the order admitting the will to probate and appointing the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries as required by law
- 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
- Close the estate (procedures vary depending on whether the administration is independent or dependent)
Local Requirements
Burnet County-Specific Procedures
- E-Filing: E-filing is mandatory for attorneys in Burnet County. The court uses the state's eFileTexas system.
- Attorney Representation: As of September 1, 2025, attorney representation is required for most probate matters including letters testamentary, letters of administration, determination of heirship, muniment of title, small estate affidavit, and guardianship proceedings.
- Hearing Requests: Hearings are typically scheduled by contacting the Court Coordinator. Uncontested "prove-up" hearings are often held on specific docket days.
- Local Rules: Burnet County follows the Texas Rules of Civil Procedure and has local rules regarding docket management and courtroom conduct. Check the county website for the most current "Local Rules of Procedure."
- Publication: Notice to creditors is typically published in the Burnet Bulletin or The Highlander.
Always check with the County Clerk or the Court Coordinator for the most up-to-date local standing orders or procedural changes.
Timeline & Fees
Filing Fees (Burnet County)
- Probate of Will & Issuance of Letters: approximately $360
- Administration (Intestate): approximately $360
- Small Estate Affidavit: approximately $250 - $300
- Muniment of Title: approximately $360
- Guardianship: approximately $360
- Publication costs: approximately $50-$150 depending on the newspaper
Note: Fees are subject to change. A new fee schedule was effective January 1, 2025. Contact the County Clerk for exact amounts.
Payment Methods
The County Clerk accepts cash, credit cards (Visa, MasterCard, Discover, American Express), money orders, and cashier's checks. A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (Independent Administration): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period for the citation sets the minimum wait time before a hearing can be held. Creditors generally have 4 months after notice is published to present claims, though independent administration allows for flexibility.
Local Resources
Burnet County Court Resources
- County Clerk Website: burnetcountytexas.org
- Probate Court Information: burnetcountytexas.org/page/cal.probate
- Texas Probate Forms: TexasLawHelp.org
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.
- Burnet County Bar Association: Contact local listings for member attorneys.
Publication
- Burnet Bulletin: (512) 756-6136 — burnetbulletin.com
- The Highlander: (830) 693-4367 — highlandernews.com