Overview
Hunt County is located in Texas with a population of approximately 118,729. The Hunt County Court at Law (No. 1 & No. 2) 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 Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This simplified procedure allows heirs to collect assets without full administration. Another option is Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Texas law provides for a statutory fee schedule for executors and administrators, typically calculated as a 5% commission on all sums actually received or paid out in cash, with certain exceptions.
This guide provides an informational overview of the Hunt 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
Hunt County Court at Law
Probate matters in Hunt County are handled at the Hunt County Courthouse.
Address: 2507 Lee Street, 2nd Floor, Greenville, TX 75401
Phone: (903) 408-4130 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 4:30 PM; Friday, 8:00 AM to 3:00 PM
The County Clerk's office is located on the 2nd floor of the courthouse. The County Courts at Law (No. 1 and No. 2) preside over probate cases.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required upon entry to the courthouse building.
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 will but no need for administration (no debts secured by the estate other than liens on real estate).
- 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 Hunt County Court at Law. 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 in Hunt County.
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 Hunt County (e.g., Greenville Herald-Banner) 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 3 weeks after filing (after the 10-day posting period). At the hearing, the judge reviews the application, hears testimony, and if approved, signs the order admitting the will to probate and appointing the personal representative.
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 applicable)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a closing report or notice of closing estate
Local Requirements
Hunt County-Specific Procedures
- E-filing: Hunt County requires e-filing for all civil and probate matters for attorneys.
- Court Instructions: The court provides specific instructions for Independent Executors and Administrators, which must be signed and filed.
- Hearings: Hearings are generally held in person, though some procedural matters may be handled via submission. Check with the court coordinator for current scheduling protocols.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Hunt County, such as the Greenville Herald-Banner.
Always check the latest Local Court Rules for Hunt County Courts at Law for specific procedural requirements.
Timeline & Fees
Filing Fees (Hunt County)
- Application for Probate of Will: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Issuance of Letters (Citation): included in base fee, additional copies ~$2.00-$8.00
- Publication costs: approximately $100-$200 depending on the newspaper
- Posting Fee: ~$75.00 (typically included in the initial filing total)
Note: Fees are subject to change. Verify exact amounts with the County Clerk.
Payment Methods
The court accepts cash, credit/debit cards (with a processing fee), cashier's checks, and money orders. Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (Independent Administration): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 10-day posting period applies to all probate applications before a hearing can be held.
Local Resources
Hunt County Court Resources
- Court Website: huntcounty.net
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- Hunt County Bar Association: Local attorney listings
- Legal Aid of NorthWest Texas: (888) 529-5277 — lanwt.org
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Greenville Herald-Banner: (903) 455-4220 — heraldbanner.com