Overview
Harrison County is located in Texas with a population of approximately 71,370. The Harrison 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 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 Muniment of Title, used when there is a valid will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law allows for a standard executor commission of 5% on all sums actually received and paid out in cash, though this does not apply to cash on hand at the time of death.
This guide provides an informational overview of the Harrison 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
Harrison County Court
Probate matters in Harrison County are handled at the Harrison County Courthouse.
Address: 200 West Houston Street, Suite 143, Marshall, TX 75671
Phone: (903) 935-8403 (County Clerk's Office)
Hours: Monday through Thursday, 8:00 AM to 4:30 PM; Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located in the historic courthouse in downtown Marshall. The County Judge presides over probate matters.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required 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.
- Muniment of Title: If there is a valid will and no unpaid debts (except for a mortgage on the homestead), this procedure establishes ownership without full administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary with the Harrison County Court. Include:
- Original Last Will and Testament
- Civil Case Information Sheet
- Certified copy of Death Certificate
- Filing fee (approx. $360)
- Proposed Order Admitting Will to Probate
E-filing is mandatory for attorneys and available for pro se litigants via eFileTexas.gov.
Step 3: Provide Notice
After filing, the process involves:
- Posting Citation: The County Clerk will post a citation at the courthouse for at least 10 days to notify the public.
- Notice to Beneficiaries: After the will is admitted to probate, you must send notice to all beneficiaries named in the will.
- Notice to Creditors: Publish a notice to creditors in a newspaper of general circulation in Harrison County (e.g., Marshall News Messenger) within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 3 weeks after filing (following the 10-day posting period). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Creditors in a local newspaper within 1 month
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge (if required)
Local Requirements
Harrison County-Specific Procedures
- E-Filing: Harrison County requires e-filing for all civil and probate matters for attorneys.
- Proposed Orders: Must be submitted to the court for review prior to the hearing.
- Hearings: Hearings are typically held in the County Court at the Historic Courthouse.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Harrison County for one time.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Harrison County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Judge's Signature Fee: $2.00
Texas law allows for a 5% commission for executors/administrators on all sums actually received and paid out in cash.
Payment Methods
The court accepts cash, credit cards, cashier's checks, or money orders. Credit card payments are subject to a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Timelines can be affected by the mandatory 10-day posting period, the 4-month creditor claim period, and court scheduling availability.
Local Resources
Harrison County Court Resources
- Court Website: harrisoncountytexas.gov
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Lone Star Legal Aid: (800) 733-8394 — Provides free legal aid to low-income residents in East Texas.
- Texas Bar Lawyer Referral: texasbar.com
Publication
- Marshall News Messenger: (903) 935-7914 — Newspaper of general circulation in Harrison County.
- Longview News-Journal: (903) 757-3311 — Serves the broader East Texas area.