Overview
Franklin County is located in Texas with a population of approximately 10,359. The Franklin 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 a 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 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).
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. Executors can often act free of court control after being appointed and filing an inventory.
This guide provides an informational overview of the Franklin 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
Franklin County Court
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 200 N. Kaufman St., Mount Vernon, TX 75457
Phone: (903) 537-8357 (County Clerk)
Hours: Monday through Thursday, 8:15 AM to Noon and 1:00 PM to 4:30 PM (closed for lunch); Friday, 8:15 AM to 3:30 PM
The County Clerk's office is responsible for maintaining probate records. The County Judge presides over probate hearings.
Parking and Access
Public parking is generally available around the courthouse square in downtown Mount Vernon. The building is accessible to the public during business hours.
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.
- Muniment of Title: If there is a will, no unpaid debts (except real estate liens), and no need for administration.
- 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 Franklin County Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $278.00)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties. Check with the clerk for specific pro se filing methods.
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 Franklin County (e.g., Mount Vernon Optic-Herald) within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 3 weeks after filing (after the 10-day posting period). At the hearing, the judge reviews the application, hears testimony, and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify secured creditors and beneficiaries within specific statutory timelines
- Inventory and appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Franklin County-Specific Procedures
- E-filing: Texas courts generally require e-filing for civil and probate matters.
- Hearings: Hearings are typically held before the County Judge. Call the court coordinator to schedule.
- Local Rules: Always check with the County Clerk for any specific local standing orders or checklist requirements for probate hearings.
- Publication: Notice to creditors should be published in a local paper such as the Mount Vernon Optic-Herald.
The court may require a bond for personal representatives unless waived by the will or the court.
Timeline & Fees
Filing Fees (Franklin County)
- Probate of Will / Administration: approximately $278.00
- Small Estate Affidavit: approximately $278.00 (verify current fee with clerk)
- Guardianship: approximately $278.00
- Issuance of Citations/Notices: included in base fee or ~$8.00 each
- Publication costs: approximately $50-$150 depending on the newspaper
Texas law does not set a statutory percentage fee for attorneys; fees are reasonable based on services. Executors may be entitled to a commission of 5% of sums received and paid out in cash, with exceptions.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Convenience fees apply to credit card transactions.
Estimated Timelines
- Simple estates (Independent Administration): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years+
The mandatory 10-day posting period for the initial citation sets the minimum wait time before a hearing can occur.
Local Resources
Franklin County Court Resources
- Court Website: co.franklin.tx.us
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas State Law Library
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Legal Aid of NorthWest Texas: (888) 529-5277 — Provides free civil legal help to low-income residents.
Publication
- Mount Vernon Optic-Herald: (903) 537-2228 — Newspaper of general circulation for legal notices.