Where do I file for probate in Madison County?

File with the Madison County Clerk at 103 W. Trinity Street, Suite 104, Madisonville, TX 77864. The office is open Mon-Fri, 8:00 AM - 12:30 PM and 1:30 PM - 4:30 PM.

How much does probate cost in Madison County?

The base filing fee for Probate of Will or Administration is $360.00. Additional fees for citation issuance ($8.00) and posting ($125.00) typically bring the initial filing cost to around $493.00.

Can I avoid probate in Madison County with a small estate?

Yes, if the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may be able to use a Small Estate Affidavit. If there is a will and no debts, a Muniment of Title may be appropriate.

How long does probate take in Madison County?

A simple uncontested probate hearing can be scheduled as soon as the 10-day posting period expires. Full administration typically takes 4-8 months.

Do I need an attorney for probate in Madison County?

Yes, Texas law generally requires an executor or administrator to be represented by an attorney because they are representing the interests of third parties (beneficiaries and creditors).

Where do I publish the notice to creditors?

Notices are typically published in the *Madisonville Meteor*, which is the newspaper of general circulation in Madison County.

Madison County Probate Guide: Courts, Fees & Process (2026)

Overview

Madison County is located in Texas with a population of approximately 13,877. The Madison 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 a Application for Probate of Will and Issuance of Letters Testamentary (or Application for Letters of Administration) 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 intestate estates valued at $75,000 or less, excluding homestead and exempt property) and Muniment of Title (for testate estates with no unpaid debts other than real estate liens).

Note that Texas law generally requires an applicant for probate to be represented by an attorney, as representing an estate is considered the practice of law.

This guide provides an informational overview of the Madison 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

Madison County Clerk

Probate matters in Madison County are filed with the County Clerk and heard in the Madison County Court.

Address: 103 W. Trinity Street, Suite 104, Madisonville, Texas 77864

Phone: (936) 241-6210 (Probate Department)

Hours: Monday through Friday, 8:00 AM to 12:30 PM and 1:30 PM to 4:30 PM

The County Clerk's office is located in the Madison County Courthouse Annex, near the historic courthouse square.

Parking and Access

Public parking is available on the streets surrounding the courthouse and in nearby public lots. Security screening may be required upon entry to the court building.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: Available if the decedent died without a will, the value of the estate (excluding homestead and exempt property) is $75,000 or less, and the estate is solvent.
Muniment of Title: A streamlined process to transfer title of assets if there is a valid will, no unpaid debts (except those secured by real estate), and no need for administration.
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 Madison County Clerk. Include:

Original Will and Codicils (if applicable)
Certified Death Certificate
Filing fee (approximately $360.00 for the application)
Request for Citation (issuance fee applies)

Texas courts require all civil and probate cases to be filed electronically (e-filing) by attorneys. Pro se litigants may file in person, though hiring an attorney is highly recommended and often required by the court.

Step 3: Provide Notice

After filing, you must:

Post Citation: The County Clerk issues a citation which must be posted by the Sheriff or Constable at the courthouse for at least 10 days before the hearing.
Notice to Creditors: For formal administration, publish notice in a newspaper of general circulation in Madison County (e.g., Madisonville Meteor) within one month of receiving Letters.
Notice to Beneficiaries: Send notice to all beneficiaries named in the will within 60 days of the order admitting the will to probate.

Step 4: Attend the Hearing

The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed (usually the first Monday after 10 days). At the hearing, the judge reviews the application, hears testimony, and if approved, signs the order opening probate.

Step 5: Administer the Estate

After the hearing and qualifying (signing the oath and posting bond, if required), the personal representative receives Letters Testamentary or Letters of Administration. Duties include:

Publishing notice to creditors
Filing an Inventory, Appraisement, and List of Claims within 90 days (or an Affidavit in Lieu of Inventory if eligible)
Paying valid debts and taxes
Distributing remaining assets to beneficiaries
Closing the estate via a closing report or notice

Local Requirements

Madison County-Specific Procedures

E-Filing: Madison County accepts e-filing. Attorneys are mandated to e-file.
Hearings: Probate hearings are typically held in the County Court. Check with the court coordinator for available docket times.
Posting: The citation must be posted by the Constable or Sheriff. The fee for service by posting is typically paid at the time of filing.
Publication: Notice to creditors is commonly published in the Madisonville Meteor.

Always check with the County Clerk or Court Coordinator for the most current local rules and standing orders.

Timeline & Fees

Filing Fees (Madison County)

Probate of Will / Administration: $360.00 (Base Fee)
Issuance of Citation: $8.00 per citation
Service by Posting (Sheriff/Constable): $125.00
Letters Testamentary/Administration: $2.00 per certified copy
Judge's Signature Fee: $2.00
Small Estate Affidavit: $360.00 (Base Fee)
Adverse Action / Contest: $120.00

Note: Fees are subject to change. The total initial cost often exceeds $490 when including citation and posting.

Payment Methods

The County Clerk accepts cash, credit cards, money orders, and cashier's checks. Personal checks are generally not accepted for vital records but may be accepted for probate filings from attorneys (verify with clerk).

Estimated Timelines

Uncontested Probate: Hearing can typically be held 2-3 weeks after filing (after the 10-day posting period).
Independent Administration: 4-8 months to fully administer and close, depending on creditor claims and asset distribution.
Dependent Administration: Significantly longer due to court oversight requirements.

Local Resources

Madison County Court Resources

County Clerk Website: https://www.co.madison.tx.us/page/madison.County.Clerk
Fee Schedule (2025): https://www.co.madison.tx.us/upload/page/0396/FEE SCHEDULE 2025.pdf
Texas Estates Code: https://statutes.capitol.texas.gov/?link=ES

Legal Aid and Attorney Referrals

State Bar of Texas Lawyer Referral: https://www.texasbar.com
Texas Law Help: https://texaslawhelp.org

Publication

Madisonville Meteor: (936) 348-3505 — https://www.madisonvillemeteor.com

Probate in Madison County, Texas: 2026 Guide