Overview
Hill County is located in Texas with a population of approximately 38,771. The Hill 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 a simplified procedure known as a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property), provided there is no will and the estate is solvent. Another option is Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Statutory executor commissions in Texas are generally capped at 5% of all sums actually received and paid out in cash, with specific exceptions.
This guide provides an informational overview of the Hill 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
Hill County Court
Probate matters in Hill County are handled at the Hill County Courthouse.
Address: 1 N Waco St, Hillsboro, TX 76645
Phone: (254) 582-4020 (County Judge's Office) | (254) 582-4030 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Hill County Court, presided over by the County Judge, typically hears uncontested probate matters. Contested matters may be transferred to the County Court at Law. Filings are made with the County Clerk at 80 North Waco Street, 1st Floor.
Parking and Access
Public parking is available around the courthouse square in downtown Hillsboro. The building is accessible to the public during business hours, with security screening at the entrance.
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/exempt property).
- Muniment of Title: For testate estates with no debts (other than 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 Hill County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $398.00 for Letters Testamentary/Administration)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants.
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 Hill County (e.g., The Hillsboro Reporter) 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 eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
Hill County-Specific Procedures
- E-filing: Hill County accepts e-filing through the state's eFileTexas system.
- Pro Se Litigants: While allowed, the court highly recommends retaining counsel due to the complexity of probate law.
- Hearings: Hearings are generally held in the County Court. Check with the Court Coordinator for scheduling.
- Publication: Notice to Creditors should be published in The Hillsboro Reporter or another local newspaper of general circulation.
Always check the latest Local Court Rules for Hill County before filing.
Timeline & Fees
Filing Fees (Hill County)
- Probate of Will & Issuance of Letters: approximately $398.00
- Small Estate Affidavit: approximately $392.00
- Muniment of Title: approximately $392.00
- Contest of Will: fees vary based on filing type
- Publication costs: approximately $50-$150 depending on the newspaper
Note: Fees are subject to change. Contact the Hill County Clerk for the most current fee schedule.
Payment Methods
The County Clerk typically accepts cash, credit cards, cashier's checks, and money orders. Convenience fees may apply for credit card payments.
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 sets the minimum time before a hearing can occur.
Local Resources
Hill County Court Resources
- County Clerk Website: https://www.co.hill.tx.us/page/hill.County.Clerk
- Probate Court Info: https://www.co.hill.tx.us/page/hill.County.ProbateCourt
- Texas Probate Forms: https://guides.sll.texas.gov/probate
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — https://www.trla.org
Publication
- The Hillsboro Reporter: (254) 582-3431 — https://hillsbororeporter.com