Overview
Hood County is located in Texas with a population of approximately 66,000. The Hood 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 estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is Probate as a 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 provides for statutory executor commissions of 5% of all sums actually received and paid out in cash, subject to certain exceptions.
This guide provides an informational overview of the Hood 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
Hood County Court at Law
Probate matters in Hood County are handled at the Ralph H. Walton Jr. Justice Center.
Address: 1200 W. Pearl St, Granbury, TX 76048
Phone: (817) 579-3222 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's Courts Division maintains probate records and accepts filings at the Justice Center. The historic courthouse at 100 E. Pearl St on the town square houses other county offices. Always confirm the specific hearing location on your notice.
Parking and Access
Public parking is available around the historic town square and near the Justice Center. Visitors pass through security screening upon entering court facilities.
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, this affidavit may settle the estate without full administration.
- Muniment of Title: If there is a valid will and no unpaid debts (except a mortgage), this process transfers title to beneficiaries without appointing an executor.
- 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 (or Letters of Administration) with the Hood County Clerk. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (typically paid to the County Clerk)
- 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 Hood County (e.g., Hood County News) within one month of receiving Letters.
- Mail notice: Send notice to secured creditors and beneficiaries 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, hears testimony (often a "prove-up"), and if approved, signs the order admitting the will to probate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Hood County-Specific Procedures
- E-Filing: Hood County accepts e-filing through eFileTexas.gov. Attorneys are required to e-file.
- Hearings: Uncontested probate hearings ("prove-ups") are generally scheduled on specific docket days. Contact the Court Coordinator to schedule.
- Local Rules: Check with the Hood County Court at Law for specific local rules regarding remote hearings or document submission deadlines.
- Publication: Notice to Creditors is typically published in the Hood County News.
Texas requires that an applicant for letters testamentary or of administration be represented by an attorney in most cases, as representing an estate is considered the practice of law.
Timeline & Fees
Filing Fees (Hood County)
- Probate of Will (Letters Testamentary): approximately $360 (base) to $660 (with citation/service)
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Certified copies of Letters: approximately $2.00 per page plus certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Verify exact amounts with the Hood County Clerk.
Payment Methods
The court accepts cash, credit/debit cards, money orders, and cashier's checks. Convenience fees apply to card payments.
Estimated Timelines
- Simple estates (uncontested): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Hood County Court Resources
- Court Website: hoodcounty.texas.gov
- County Clerk Probate: Hood County Clerk
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- Hood County Bar Association: Contact local listings
- Legal Aid of NorthWest Texas: (817) 336-3943 — Provides civil legal services to low-income residents
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Hood County News: (817) 573-7066 — hcnews.com