Overview
Lee County is located in Texas with a population of approximately 17,478. The Lee 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 simplified procedures for smaller estates, such as the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
The filing fee for a standard probate application in Lee County is approximately $478.00. Texas law allows for reasonable attorney fees, and executors may be entitled to a commission of 5% of all sums actually received and paid out in cash.
This guide provides an informational overview of the Lee 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
Lee County Clerk's Office
Probate matters in Lee County are handled at the Lee County Clerk's Office.
Address: 843 East Industry, Giddings, TX 78942
Phone: (979) 542-3684 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located in the Lee County Courthouse annex. It serves as the filing location for all probate documents. Hearings are typically held in the County Court presided over by the County Judge.
Parking and Access
Free public parking is generally available around the courthouse square and in adjacent lots. The building is accessible to persons with disabilities.
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 a 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 Petition
If formal probate is needed, file an Application for Probate with the Lee County Court. Include:
- Original Will (if applicable)
- Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $478.00)
- Any additional required documents
E-filing is mandatory for attorneys in Texas and is available for pro se litigants via E-File Texas.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Lee County (such as the Giddings Times & News) for one time.
- The County Clerk will also post a citation at the courthouse for at least 10 days before the hearing.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing (following the mandatory 10-day posting period). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — publish notice within 1 month and send secured creditors notice within 2 months.
- Inventory and appraise all estate assets within 90 days of qualification.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge (if required by the type of administration).
Local Requirements
Lee County-Specific Procedures
- E-Filing: Attorneys are required to e-file all documents. Pro se litigants may file in person or by mail, but e-filing is encouraged.
- Original Will: If e-filing, the original will must be filed with the County Clerk within 3 business days of the electronic filing.
- Hearing Scheduling: Hearings are scheduled by contacting the County Clerk's office or the County Judge's coordinator.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Lee County, such as the Giddings Times & News.
Always check with the County Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Lee County)
- Probate of Will / Administration: approximately $478.00
- Small Estate Affidavit: approximately $360.00
- Certified copies of Letters: approximately $2.00 per page + $5.00 certification
- Publication costs: approximately $100-$200 depending on the newspaper
- Judge's Signature Fee: $2.00 per order
Texas law allows for reasonable attorney fees. Executors typically receive a 5% commission on funds received and paid out.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Credit card payments are subject to a convenience fee.
Estimated Timelines
- Simple estates (Independent Administration): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Timelines are affected by the mandatory 10-day posting period before the initial hearing, the 90-day inventory deadline, and any creditor claims or contests.
Local Resources
Lee County Court Resources
- Court Website: co.lee.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: (800) 252-9690 — texasbar.com
- Texas RioGrande Legal Aid: (833) 329-8752 — Free legal services for qualifying low-income residents.
Publication
- Giddings Times & News: (979) 542-2222 — Newspaper of general circulation in Lee County.
- Lexington Leader: (979) 773-3022 — Weekly newspaper serving the Lexington area.