Overview
Goliad County is located in Texas with a population of approximately 7,221. The Goliad 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 (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 a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This simplified procedure avoids full probate administration.
Texas law provides for a statutory fee schedule for executors and administrators, typically capped at 5% of all sums actually received and paid out in cash, though this can vary based on the will's provisions or court approval.
This guide provides an informational overview of the Goliad 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
Goliad County Clerk
Probate matters in Goliad County are handled at the Goliad County Courthouse.
Address: 127 N. Courthouse Square, Goliad, TX 77963 (Mailing: P.O. Box 50, Goliad, TX 77963)
Phone: (361) 645-3294 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (contact the clerk's office to confirm current hours)
The County Clerk's office is located in the historic courthouse in downtown Goliad. The court hears probate cases, guardianship matters, and mental health cases.
Parking and Access
Public parking is available around the Courthouse Square. The building is accessible to the public during business hours, with security screening required at the entrance.
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 after a 30-day waiting period.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), this streamlined process transfers title to beneficiaries.
- 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 Goliad County Clerk. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $360.00)
- Civil Case Information Sheet
Texas courts generally require probate documents to be e-filed by an attorney, though pro se applicants may be able to file in person in some circumstances.
Step 3: Provide Notice
After filing, you must:
- Post notice: The County Clerk will issue a citation which is posted by the Sheriff or Constable 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 Goliad County (e.g., The Goliad Advance-Guard) within one month of receiving Letters.
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 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 applicable)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Goliad County-Specific Procedures
- E-filing: Texas mandates e-filing for all civil and probate cases. Attorneys must file electronically. Pro se litigants may be allowed to file paper documents at the clerk's discretion.
- Local Rules: Check with the County Clerk for any specific local standing orders regarding probate hearings or ad litem appointments.
- Publication: The Goliad Advance-Guard is the commonly used newspaper for publishing notices to creditors in the county.
Always verify the latest filing fees and procedural requirements directly with the Goliad County Clerk's office before filing.
Timeline & Fees
Filing Fees (Goliad County)
- Application for Probate (Letters Testamentary/Administration): approximately $360.00 (includes posting)
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Guardianship: approximately $360.00
- Issuance of Citation/Notice: included in base fee for initial posting; additional citations ~$8.00 + service fee
- Publication costs: Varies by newspaper (approx. $50-$150)
Note: Fees are subject to change. Contact the County Clerk for the most current fee schedule.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Convenience fees may apply for credit card transactions.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 3-6 months
- Dependent Administration (Court Supervised): 9 months to 2+ years
The timeline depends heavily on the complexity of assets, creditor claims, and whether the estate is contested.
Local Resources
Goliad County Court Resources
- Court Website: https://www.co.goliad.tx.us/page/goliad.county.clerk
- Probate Self-Help: https://texaslawhelp.org/article/estate-administration-in-texas
- Texas Probate Forms: https://www.txcourts.gov/forms/
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- The Goliad Advance-Guard: (361) 645-3214 — Newspaper of general circulation for probate notices.