Overview
Calhoun County is located in Texas with a population of approximately 20,106. The Calhoun County Court at Law No. 1 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 (or Application for Letters of Administration) 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 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 estate administration (e.g., no debts other than a mortgage).
Statutory executor fees in Texas are generally capped at 5% of all sums actually received and paid out in cash, though this does not apply to cash on hand at the time of death.
This guide provides an informational overview of the Calhoun 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
Calhoun County Clerk
Probate matters in Calhoun County are filed with the Calhoun County Clerk and heard in the County Court at Law No. 1.
Address: 211 S. Ann Street, Suite 102, Port Lavaca, TX 77979
Phone: (361) 553-4411 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located in the Calhoun County Courthouse. The County Court at Law No. 1 presides over probate cases.
Parking and Access
Public parking is 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 estates valued at $75,000 or less (excluding homestead and exempt property) with no will.
- Muniment of Title: A streamlined process to transfer title of assets when there is a will, no unpaid debts (except mortgage), and no need for administration.
- 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 with the Calhoun County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (typically ~$360–$400)
- Proposed Order
Texas courts generally require probate matters to be handled by an attorney due to the complexity of representing third-party interests. E-filing is mandatory for attorneys in Texas.
Step 3: Provide Notice
After filing, you must:
- Post notice: The County Clerk will post a citation at the courthouse for a statutory period (usually 10 days).
- Publish notice: For independent administrations, you must publish a Notice to Creditors in a newspaper of general circulation in Calhoun County (e.g., Port Lavaca Wave) within one month of receiving Letters.
- Mail notice: Send notice to beneficiaries and secured creditors 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. 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 and appointing the representative.
Step 5: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Notify creditors and beneficiaries
- Inventory, Appraisement, and List of Claims: File within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
Calhoun County-Specific Procedures
- E-Filing: E-filing is mandatory for attorneys in Calhoun County civil and probate cases.
- Court at Law: Probate cases are heard by the County Court at Law No. 1.
- Hearings: Hearings are typically held in person; check with the court coordinator for current remote hearing policies.
- Publication: Notice to Creditors is commonly published in the Port Lavaca Wave.
Always check the latest Local Court Rules for Calhoun County Court at Law No. 1 before filing.
Timeline & Fees
Filing Fees (Calhoun County)
- Probate of Will / Administration: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Guardianship: approximately $360.00
- Issuance of Letters/Citations: ~$8.00 per issuance
- Publication costs: Varies by newspaper (approx. $100–$200)
Fees are subject to change. Contact the County Clerk for the most current fee schedule.
Payment Methods
The County Clerk typically accepts cash, credit cards, cashier's checks, and money orders. Convenience fees may apply for credit card payments.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years or more
The timeline depends heavily on whether the estate is contested, the complexity of assets, and the efficiency of the executor.
Local Resources
Calhoun County Court Resources
- County Clerk Website: calhouncoclerk.org
- County Court at Law No. 1: calhouncotx.org
- Texas Probate Forms: guides.sll.texas.gov
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.
Publication
- Port Lavaca Wave: (361) 552-9788 — portlavacawave.com