Overview
Kenedy County is located in Texas with a population of approximately 350. The Kenedy County Court 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 (if there is a will) or an Application for Letters of Administration (if there is no will). 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 probate administration.
Texas law sets statutory executor commissions at 5% of all sums actually received and paid out in cash, subject to certain exclusions.
This guide provides an informational overview of the Kenedy 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
Kenedy County Court
Probate matters in Kenedy County are handled at the Kenedy County Courthouse.
Courthouse Address: 101 East La Parra Avenue, Sarita, TX 78385
County Clerk Office Address: 151 Mallory, Sarita, TX 78385
Phone: (361) 294-5220 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Kenedy County Clerk serves as the clerk of the court for probate matters. The Constitutional County Court, presided over by the County Judge, typically hears uncontested probate cases.
Parking and Access
Free parking is generally available around the courthouse square in Sarita. The building is accessible to the public during business hours.
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, you may qualify for this simplified process.
- Muniment of Title: If there is a will but no need for administration (no debts other than a mortgage), this procedure acts as a link in the chain of title to transfer assets.
- 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 Kenedy County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (typically ~$360, verify with clerk)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties, though Kenedy County's specific e-filing status should be confirmed directly.
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, you must publish a notice to creditors in a newspaper of general circulation in Kenedy County (often the Kingsville Record or Raymondville Chronicle due to local availability) within one month of receiving Letters.
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 and testimony. If approved, the judge 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 secured creditors and beneficiaries within specific statutory timelines
- Inventory and appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and expenses
- File federal income tax returns (and estate tax returns if the estate exceeds the federal threshold)
- Distribute assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
Kenedy County-Specific Procedures
- Newspaper Publication: Since Kenedy County has a very small population and limited local media, notices are typically published in newspapers serving the surrounding area, such as the Kingsville Record (Kleberg County) or Raymondville Chronicle (Willacy County). Confirm the approved publication with the County Clerk.
- Hearings: Hearings are generally held in the County Court. Call the County Clerk to schedule a hearing date after the mandatory posting period.
- Pro Se Litigants: While Texas law allows individuals to represent themselves in some situations, most probate courts require an attorney for any proceeding where the applicant represents the interests of others (which includes most estate administrations).
Timeline & Fees
Filing Fees (Kenedy County)
- Probate of Will / Administration: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Issuance of Letters/Citations: ~$8.00 per copy
- Publication costs: Varies by newspaper (approx. $100-$200)
Note: Fees are subject to change. Contact the County Clerk at (361) 294-5220 for the most current fee schedule.
Payment Methods
The County Clerk typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a processing fee; verify before visiting.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-9 months
- Dependent Administration: 9 months to 2+ years
The mandatory 10-day posting period sets the minimum time before a hearing can occur. Creditors generally have a 4-month window to file claims after notice is published.
Local Resources
Kenedy County Court Resources
- County Website: https://www.kenedycountytx.gov/
- County Clerk: Kenedy County Clerk Page
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — trla.org
Publication
- Kingsville Record: (361) 592-4303 — kingsvillerecord.com
- Raymondville Chronicle: (956) 689-2421