Overview
Galveston County is located in Texas with a population of approximately 367,407. The Probate Court of Galveston County 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 if there is no will) 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, which can be used if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is a Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Note that Texas law allows for "Independent Administration," which significantly reduces court supervision and costs if requested in the will or agreed upon by all beneficiaries.
This guide provides an informational overview of the Galveston 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
Probate Court of Galveston County
Probate matters in Galveston County are handled at the Galveston County Justice Center.
Address: 600 59th Street, Suite 2305, Galveston, TX 77551
Phone: (409) 766-2251 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is a statutory probate court headed by Judge Kimberly Sullivan. It is located on the second floor of the Justice Center. The County Clerk's office, where documents are filed, is also located in the Justice Center.
Parking and Access
Public parking is available at the Justice Center. Visitors must pass through security screening upon entry. Electronic devices may be restricted in certain courtrooms, so check current policies before attending.
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 will and no debts (except a mortgage), you may 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 Galveston County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified death certificate
- Civil Case Information Sheet
- Filing fee (approx. $360, varies by specific action)
E-filing: Galveston County requires mandatory e-filing for all civil and probate cases via eFileTexas.
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 Galveston County (e.g., The Galveston County Daily News) within one month of receiving Letters.
- Mail Notice: Send notice to all 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 and testimony. If approved, the judge signs the order admitting the will 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 and Appraise: File an Inventory, Appraisement, and List of Claims within 90 days of qualification (or an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing notice or declaratory judgment to close the estate (if applicable)
Local Requirements
Galveston County-Specific Procedures
- E-filing: All documents must be filed electronically through eFileTexas.
- Local Rules: The Probate Court of Galveston County has specific local rules regarding docket calls, continuances, and ad litem appointments.
- Hearings: Hearings are generally held in person, though some uncontested matters may be handled via submission or Zoom upon request and court approval.
- Publication: Notice to creditors is typically published in The Galveston County Daily News.
Consult the Probate Court's website for the most current standing orders and policies.
Timeline & Fees
Filing Fees (Galveston County)
- Probate of Will / Administration: approximately $360 (includes posting citation)
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Letters: ~$2.00 per letter
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Check the Galveston County Clerk's court information page for the latest amounts.
Payment Methods
The County Clerk accepts cash, credit cards (Visa, MasterCard, Discover, Amex), money orders, and cashier's checks. A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period means the initial hearing cannot occur sooner than two weeks after filing.
Local Resources
Galveston County Court Resources
- Probate Court Website: galvestoncountytx.gov
- County Clerk Probate Dept: galvestoncountytx.gov
- Online Forms: Probate Forms
Legal Aid and Attorney Referrals
- Galveston County Bar Association: (409) 762-5606 — galvestoncountybar.org
- Lone Star Legal Aid: (409) 763-0381 — Provides civil legal help to low-income residents.
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- The Galveston County Daily News: (409) 683-5200 — galvnews.com