Overview
Erath County is located in Texas with a population of approximately 44,000. The Erath 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 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 procedure for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This simplified process allows heirs to collect assets without full probate administration.
Texas law provides for a statutory executor commission of 5% of all sums actually received and paid out in cash, subject to certain exceptions. Attorneys' fees are typically based on a reasonable hourly rate or flat fee, subject to court approval.
This guide provides an informational overview of the Erath 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
Erath County Clerk
Probate matters in Erath County are filed with the County Clerk's Office.
Address: 222 E. College Street, Stephenville, TX 76401
Phone: (254) 965-1482
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located in the Erath County Annex III. The County Court at Law presides over probate hearings.
Parking and Access
Public parking is available around the courthouse annex. Visitors should be prepared for security screening upon 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, you may qualify for this simplified procedure.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), this process transfers title to beneficiaries 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 Erath County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $300-$400)
- Proposed Order
Texas courts require all probate documents to be e-filed by attorneys. Pro se applicants may be able to file in person but are strongly encouraged to hire counsel.
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 Erath County (e.g., Stephenville Empire-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. At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order and the clerk issues Letters Testamentary or Letters of Administration.
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
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Closing Report or Notice of Closing Estate to conclude the process
Local Requirements
Erath County-Specific Procedures
- E-filing: Texas mandates e-filing for all civil and probate cases filed by attorneys.
- Pro Se Litigants: While allowed, proceeding without an attorney is difficult. The court strictly enforces rules of evidence and procedure.
- Hearings: Hearings are generally held in the County Court at Law. Check with the court coordinator for scheduling.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Erath County, such as the Stephenville Empire-Tribune.
Always check the latest local rules with the County Clerk or Court Coordinator.
Timeline & Fees
Filing Fees (Erath County)
- Probate of Will / Administration: approximately $300-$400
- Small Estate Affidavit: approximately $300
- Muniment of Title: approximately $300-$400
- Issuance of Letters: approximately $2 per letter
- Publication costs: approximately $100-$200 depending on the newspaper
Fees are subject to change. Contact the County Clerk for the most current fee schedule.
Payment Methods
The County Clerk accepts cash, credit cards, cashier's checks, and money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-9 months
- Dependent Administration (Complex): 9 months to 2+ years
Timelines depend heavily on the complexity of assets, creditor claims, and whether the estate is contested.
Local Resources
Erath County Court Resources
- County Clerk Website: co.erath.tx.us
- Probate Information: co.erath.tx.us
- Texas Probate Forms: txcourts.gov
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — trla.org
Publication
- Stephenville Empire-Tribune: (254) 965-3124 — yourstephenvilletx.com