Overview
Falls County is located in Texas with a population of approximately 16,968. The Falls 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 (for testate estates) or an Application for Letters of Administration (for intestate estates). The court then issues Letters Testamentary or Letters of Administration to the appointed personal representative.
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.
Texas law does not set a statutory fee schedule for attorneys or executors based on a percentage of the estate; instead, fees must be "reasonable" or as set forth in the will. Executors may be entitled to a 5% commission on sums received and paid out in cash, subject to statutory limitations.
This guide provides an informational overview of the Falls 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
Falls County Courthouse
Probate matters in Falls County are handled at the Falls County Courthouse.
Address: 125 Bridge St, Marlin, TX 76661
Phone: (254) 883-1408 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 12:00 PM and 1:00 PM to 4:30 PM; Friday, 8:00 AM to 3:30 PM
The County Clerk's office is responsible for maintaining probate records. The County Court presides over probate hearings.
Parking and Access
Public parking is available around the courthouse square in downtown Marlin. Security screening may be required upon entry.
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 a sworn affidavit to transfer assets without full probate.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), this streamlined process validates the will to transfer property title.
- 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 Falls County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (typically ~$360, but verify exact amount with the clerk)
- Civil Case Information Sheet
- Proposed Order
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties.
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 Falls County (e.g., The Marlin Democrat) within one month of receiving Letters.
- Mail notice: Send notice to beneficiaries named in the will and secured creditors.
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 admitting the will to probate and appointing the personal representative.
Step 5: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Notify creditors and beneficiaries
- Inventory and appraise all estate assets 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 and estate tax returns as needed
- Distribute assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
Falls County-Specific Procedures
- E-filing: Texas courts generally require e-filing for civil and probate matters. Check with the Falls County Clerk for specific pro se e-filing guidance.
- Hearings: Hearings are typically held in the County Court. Contact the court coordinator to schedule.
- Small Estate Affidavit: Falls County provides specific instructions and forms for Small Estate Affidavits on the county website.
- Publication: Notice to Creditors should be published in a local newspaper such as The Marlin Democrat.
Always check the latest local rules or consult with the County Clerk's office for the most current procedural requirements.
Timeline & Fees
Filing Fees (Falls County)
- Probate of Will / Administration: approximately $360 (base state/local consolidated fees)
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Letters: ~$2.00 per copy
- Judge's Signature: ~$2.00
- Publication costs: Varies by newspaper (approx. $50-$150)
Note: Fees are subject to change. Contact the County Clerk at (254) 883-1408 for the current fee schedule.
Payment Methods
The County Clerk typically accepts cash, credit cards, cashier's checks, or money orders. Convenience fees may apply for credit card payments.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Muniment of Title: 2-4 months
- Complex or contested estates: 9 months to 2+ years
Timelines depend heavily on court availability, creditor claim periods, and the speed at which the executor completes duties.
Local Resources
Falls County Court Resources
- County Clerk Website: https://www.co.falls.tx.us/page/falls.County.Clerk
- Probate Forms & Instructions: https://www.co.falls.tx.us/page/falls.County.Clerk
- Texas Judicial Branch Forms: https://www.txcourts.gov/forms/
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas Law Help: https://texaslawhelp.org
- Lone Star Legal Aid: (800) 733-8394 — https://www.lonestarlegal.org
Publication
- The Marlin Democrat: (254) 883-2554 — https://www.marlindemocrat.com