Overview
Kleberg County is located in Texas with a population of approximately 30,442. The Kleberg 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 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) where there is no will. This process allows heirs to collect assets without full probate administration.
Texas law does not set a mandatory statutory fee schedule for attorneys or executors based on a percentage of the estate; instead, fees must be "reasonable" and are often hourly or flat fees agreed upon by the parties. Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to court approval.
This guide provides an informational overview of the Kleberg 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
Kleberg County Courthouse
Probate matters in Kleberg County are handled at the Kleberg County Courthouse.
Address: 700 E Kleberg Ave, Kingsville, TX 78363
Mailing Address: P.O. Box 1327, Kingsville, TX 78364
Phone: (361) 595-8548 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 11:45 AM and 1:00 PM to 4:30 PM (closed for lunch)
The County Clerk's office is responsible for maintaining probate records. Filings are typically submitted to the County Clerk, and hearings are heard by the County Judge or County Court at Law Judge.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours, with security screening required at the entrance.
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 file a Small Estate Affidavit.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), you may probate the will as a Muniment of Title.
- 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 of Will and Issuance of Letters Testamentary (or Letters of Administration) with the Kleberg County Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $305.00)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants via providers like 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 Kleberg County (e.g., Kingsville Record) within one month of receiving Letters.
- Mail notice: Send notice to secured creditors and beneficiaries as required by the Texas Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed (often 2-3 weeks after filing). 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 taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Kleberg County-Specific Procedures
- E-filing: Texas courts mandate e-filing for attorneys. Pro se litigants may file in person but are encouraged to use e-filing services.
- Local Rules: Check with the County Clerk for any specific local rules regarding hearing scheduling or document formatting.
- Hearings: Hearings are generally held in the County Court or County Court at Law. Contact the court coordinator to schedule a hearing date after the citation return date.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Kleberg County, such as the Kingsville Record.
Always check with the Kleberg County Clerk's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Kleberg County)
- Probate of Will / Letters Testamentary: approximately $305.00
- Small Estate Affidavit: approximately $305.00
- Muniment of Title: approximately $305.00
- Posting/Citation: approximately $75.00
- Certified copies of Letters: approximately $2.00 per page + $5.00 certification fee
- Publication costs: approximately $100-$200 depending on the newspaper
Fees are subject to change. Verify exact amounts with the County Clerk.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. Convenience fees may apply for credit card payments.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Average estates (Independent Administration): 6-9 months
- Complex or contested estates: 12 months to 2+ years
Timelines depend heavily on the statutory notice periods (e.g., 10-day posting, creditor notice) and court calendar availability.
Local Resources
Kleberg County Court Resources
- Court Website: co.kleberg.tx.us
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (361) 595-5180 — Provides free legal services to eligible low-income residents.
Publication
- Kingsville Record: (361) 592-4303 — Newspaper of general circulation for legal notices.