Overview
Johnson County is located in Texas with a population of approximately 210,547. The Johnson 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 a 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.
Texas law allows for independent administration, which minimizes court supervision and can significantly reduce costs and delays. Statutory executor fees are generally capped at 5% of all sums received and paid out in cash.
This guide provides an informational overview of the Johnson 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
Johnson County Court at Law
Probate matters in Johnson County are handled at the Guinn Justice Center.
Address: 204 S. Buffalo Ave., Cleburne, TX 76033
Phone: (817) 556-6323 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 12:00 PM - 1:00 PM)
The County Clerk's office is responsible for maintaining probate records. The courts (County Court at Law No. 1 and No. 2) preside over probate hearings.
Parking and Access
Public parking is available around the Guinn Justice Center and the historic courthouse square. Visitors must pass through security screening upon entry.
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/exempt property) and there is no will.
- Muniment of Title: A streamlined process to transfer title of assets when there are no debts (other than a mortgage) and no need for an executor.
- 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 Johnson County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $360 - $400)
- Civil Case Information Sheet
Texas mandates e-filing for all civil and probate cases represented by attorneys. Pro se litigants may file in person.
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 administration, publish a notice to creditors in a newspaper of general circulation in Johnson County (e.g., Cleburne Times-Review) within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 3 weeks after filing (once the 10-day posting period expires). 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 of qualification (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) or allow independent administration to conclude naturally.
Local Requirements
Johnson County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se litigants may file paper documents.
- Hearing Scheduling: Hearings are typically scheduled by contacting the Court Coordinator for the assigned County Court at Law.
- Original Will: Must be filed with the clerk within 3 days of e-filing the application.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Johnson County, such as the Cleburne Times-Review.
Always check the latest Local Court Rules for Johnson County before filing.
Timeline & Fees
Filing Fees (Johnson County)
- Probate of Will / Administration: approximately $360 - $400
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360 - $400
- Issuance of Letters: ~$2.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Verify exact amounts with the County Clerk.
Payment Methods
The court accepts cash, credit cards, money orders, and cashier's checks. A convenience fee applies to credit card transactions.
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 for the citation sets the minimum time before a hearing can be held.
Local Resources
Johnson County Court Resources
- Court Website: johnsoncountytx.org
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- Johnson County Bar Association: Local attorney listings.
- Legal Aid of NorthWest Texas: (817) 336-3943 — Provides civil legal help to low-income residents.
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Cleburne Times-Review: (817) 645-2441 — Newspaper of general circulation.