Overview
Houston County is located in Texas with a population of approximately 22,197. The 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 a simplified procedure known as the 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 a Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Texas law allows for Independent Administration, which significantly reduces court supervision and costs. Executors in an independent administration are not required to post a bond or seek court approval for most actions, provided the will allows it or all beneficiaries agree.
This guide provides an informational overview of the Houston 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
Houston County Courthouse
Probate matters in Houston County are handled at the Houston County Courthouse.
Address: 401 East Houston Avenue, Crockett, TX 75835
Phone: (936) 544-3255 (County Clerk)
Hours: Monday through Friday, 8:15 AM to 4:15 PM
The County Clerk's office is located in Suite D. The County Court at Law presides over probate cases.
Parking and Access
There is a free public parking lot located directly across the street on East Houston Avenue (unpaved, approximately 35 spaces). Metered parking is also available along the circular sidewalk surrounding the courthouse square.
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) with no debts other than a mortgage.
- Muniment of Title: If there is a will and no debts (except mortgage), this admits the will to probate as a link in the chain of title without full 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 Houston County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- 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 Houston County (e.g., The Messenger) 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 after the 10-day posting period has elapsed (usually 2-3 weeks after filing). At the hearing, the judge reviews the application, hears testimony, and if approved, issues Letters Testamentary or Letters of Administration.
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 (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
Houston County-Specific Procedures
- E-Filing: Texas courts require e-filing for all civil and probate cases filed by attorneys.
- Posting: The initial citation is posted by the Sheriff or Constable at the courthouse door.
- Local Rules: Check with the County Court at Law for specific local rules regarding hearing scheduling and uncontested dockets.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Houston County, such as The Messenger or Houston County Courier.
Timeline & Fees
Filing Fees (Houston County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $298
- Muniment of Title: approximately $280
- Issuance of Letters: ~$2.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
Texas does not have a statutory percentage fee for attorneys; fees are reasonable based on services performed. Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to statutory limitations.
Payment Methods
The court accepts cash, credit/debit cards, money orders, and cashier's checks. A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (Independent Administration): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years
Timelines depend heavily on the mandatory 10-day posting period before the hearing and the creditor claim period.
Local Resources
Houston County Court Resources
- County Website: co.houston.tx.us
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Lone Star Legal Aid: (800) 733-8394 — Provides free civil legal help to low-income residents.
Publication
- The Messenger: (936) 687-2424 — Newspaper of general circulation in Grapeland/Houston County.
- Houston County Courier: (936) 544-2238 — Local newspaper.