Overview
Mason County is located in Texas with a population of approximately 3,953. The Mason 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 (no debts other than real estate liens).
Texas law allows for independent administration, which minimizes court supervision. Executors are generally entitled to a 5% commission on all sums they actually receive or pay out in cash, though this can be modified by the will.
This guide provides an informational overview of the Mason 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
Mason County Court
Probate matters in Mason County are handled at the Mason County Courthouse.
Address: 201 Ft. McKavett St, Mason, TX 76856
Phone: (325) 347-5253 (County Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Mason County Clerk's office is responsible for maintaining probate records. The historic courthouse, located in the town square, was recently restored following a fire in 2021.
Parking and Access
Free street parking is available around the courthouse square. Visitors should be prepared for security screening upon entry, including metal detectors.
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 this affidavit to transfer assets without full probate.
- Muniment of Title: If there is a valid will and no unpaid debts (except for a mortgage on the homestead), this procedure establishes ownership of estate assets without appointing an executor.
- 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 Mason County Court. Include:
- Original Will (if applicable)
- Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
E-filing is mandatory for attorneys and available for pro se litigants via EFileTexas.gov.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Mason County (such as the Mason County News) for one time.
- Post notice at the courthouse (handled by the clerk/sheriff) 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. 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 by publishing a notice in a local newspaper within one month.
- Inventory and appraise all estate assets within 90 days.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting (or a closing report/affidavit in independent administration) to close the estate.
Local Requirements
Mason County-Specific Procedures
- E-Filing: Mason County accepts e-filings through EFileTexas.gov. Attorneys are required to e-file.
- Original Will: The original will must be filed with the County Clerk within 3 business days of electronically filing the application.
- Hearings: Hearings are typically held in the County Court. Contact the Court Coordinator or Clerk to schedule a hearing date after the 10-day posting period has elapsed.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Mason County, such as the Mason County News.
Always check with the County Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Mason County)
- Application for Probate of Will: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Judge's Signature Fee: approximately $2.00
Texas executors are entitled to a 5% commission on all sums they actually receive or pay out in cash, unless the will specifies otherwise.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. A convenience fee may apply for credit card payments.
Estimated Timelines
- Simple estates (Independent Administration): 4-8 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Timelines can be affected by the mandatory 10-day posting period before the initial hearing and the 90-day inventory deadline.
Local Resources
Mason County Court Resources
- Court Website: co.mason.tx.us
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Texas RioGrande Legal Aid: (888) 988-9996 — Legal aid for low-income residents
- Texas Bar Lawyer Referral: texasbar.com
Publication
- Mason County News: (325) 347-5757 — Newspaper of general circulation