Overview
Kaufman County is located in Texas with a population of approximately 197,829. The Kaufman 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 simplified procedures for smaller estates, such as the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property), and Muniment of Title for estates where there is a will but no need for administration (no debts other than real estate liens).
Texas law allows for a "statutory executor commission" of 5% of all sums actually received or paid out in cash, though this calculation excludes cash on hand at death and life insurance proceeds.
This guide provides an informational overview of the Kaufman 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
Kaufman County Justice Center
Probate matters in Kaufman County are handled at the Kaufman County Justice Center.
Address: 1902 US Highway 175, Kaufman, TX 75142
Phone: (469) 376-4738 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located within the Justice Center. This facility houses the County Courts at Law which hear probate cases.
Parking and Access
Free public parking is available in the large lot in front of the Justice Center. Security screening is required upon entry; cell phones are generally permitted but must be silenced in courtrooms.
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 valid will, no unpaid debts (except mortgage), and no need for an executor to be appointed.
- 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 Kaufman County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $360)
Kaufman County requires mandatory e-filing for all probate matters through eFileTexas.gov.
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 Kaufman County (e.g., The Kaufman Herald) 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 "prove-up" hearing on the application, typically 2 to 4 weeks after filing (after the 10-day posting period). 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 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 taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Kaufman County-Specific Procedures
- E-Filing: Electronic filing is mandatory for all attorneys and strongly encouraged for pro se litigants via eFileTexas.
- Prove-up Hearings: Kaufman County courts generally require a short in-person or Zoom hearing to "prove up" the will and the applicant's qualifications.
- Proposed Orders: Must be submitted via e-filing prior to the hearing.
- Publication: Notice to creditors is typically published in The Kaufman Herald.
Always check the specific requirements of the County Court at Law to which your case is assigned, as individual judges may have specific standing orders.
Timeline & Fees
Filing Fees (Kaufman County)
- Probate of Will / Letters Testamentary: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Contest of Will: approximately $360
- Citation/Posting: included in base fee or approx. $8 per citation
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The County Clerk accepts cash, credit/debit cards (Visa, MasterCard, Discover, Amex), money orders, and cashier's checks. A convenience fee applies to card transactions.
Estimated Timelines
- Simple estates (Independent Administration): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period means the initial hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Kaufman County Court Resources
- County Clerk Website: kaufmancounty.net
- Probate Department: Probate & Guardianship Info
- Texas Probate Forms: TexasLawHelp.org
Legal Aid and Attorney Referrals
- Kaufman County Bar Association: Contact local listings
- Legal Aid of NorthWest Texas: (888) 529-5277 — legalaidtx.org
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- The Kaufman Herald: (972) 932-2111 — Newspaper of general circulation