Overview
Hays County is located in Texas with a population of approximately 292,029. The Hays County Court at Law 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 intestate estates valued at $75,000 or less (excluding homestead and exempt property) and Muniment of Title for estates where there are no debts other than a mortgage.
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 by the will. Executors may be entitled to a 5% commission on sums received and paid out in cash.
This guide provides an informational overview of the Hays 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
Hays County Government Center
Probate matters in Hays County are handled at the Hays County Government Center.
Address: 712 S. Stagecoach Trail, Suite 2008, San Marcos, TX 78666
Phone: (512) 393-7738 (County Clerk - Probate Division) | (512) 393-7625 (Court at Law - Hearing Information)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the County Clerk's office, located within the Government Center. The County Courts at Law (Courts 1, 2, and 3) preside over probate hearings.
Parking and Access
Free visitor parking is available in the large surface lot directly in front of the Government Center. Security screening is required upon entering the building.
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), if there is no will and no need for administration.
- Muniment of Title: If there is a will but no unpaid debts (except a mortgage) and no need for an executor to be appointed.
- 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 with the Hays County Clerk. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $360)
- Proposed Order
E-filing is mandatory for attorneys and available for pro se litigants through eFileTexas.gov.
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 Hays County (e.g., San Marcos Daily Record) within one month of receiving Letters.
- Mail notice: Send notice to all beneficiaries named in the will and to secured creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 4 weeks after filing (after the 10-day posting period). 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 creditors and beneficiaries as required by law
- Inventory and appraise all estate assets within 90 days of qualification
- Pay valid creditor claims and estate expenses
- File federal income tax returns (and estate tax returns if applicable)
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Hays County-Specific Procedures
- E-filing: Mandatory for all attorneys; pro se litigants are encouraged to use e-filing.
- Hearing Request: A specific "Probate and Guardianship Hearing Request Form" must be submitted to set a hearing date.
- Original Will: The original will must be filed with the County Clerk within 3 business days of e-filing the application.
- Publication: Notice to Creditors is typically published in the San Marcos Daily Record or Hays Free Press.
Consult the Hays County Courts at Law Local Rules for specific courtroom decorum and procedural requirements.
Timeline & Fees
Filing Fees (Hays County)
- Original Probate Application: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Contest of Will: approximately $120
- Issuance of Letters: approximately $2 per letter
- Judge's Signature: $2 per order
Fees are subject to change. Check the current "Hays County Clerk Probate Fee Schedule" for exact amounts.
Payment Methods
The court accepts cash, credit cards (Visa, MasterCard, Discover, Amex), cashier's checks, and money orders. A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-8 months
- Dependent Administration: 9-18 months or longer
Timelines depend heavily on the complexity of assets, creditor claims, and court docket availability.
Local Resources
Hays County Court Resources
- Court Website: hayscountytx.gov
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- Hays County Bar Association: Local attorney listings
- Texas RioGrande Legal Aid: (888) 988-9996 — Free legal services for low-income residents
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- San Marcos Daily Record: (512) 392-2458 — Official county newspaper
- Hays Free Press: (512) 268-7862 — General circulation