Overview
Matagorda County is located in Texas with a population of approximately 36,391. The Matagorda 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 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 a Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law provides for a statutory fee schedule for executors and administrators, typically calculated as a 5% commission on all sums they actually receive or pay out in cash in the administration of the estate.
This guide provides an informational overview of the Matagorda 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
Matagorda County Court
Probate matters in Matagorda County are handled at the Matagorda County Courthouse.
Address: 1700 7th Street, Room 202, Bay City, Texas 77414
Phone: (979) 244-7680 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (Closed for lunch 12:00 PM to 1:00 PM)
The County Clerk's office is located in Room 202. The court hears probate dockets regularly; check with the clerk for specific hearing days.
Parking and Access
Public parking is generally available around the courthouse square in downtown Bay City. Visitors should be prepared for security screening upon entering the courthouse building.
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 an affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will but no debts (except a mortgage) and no need for an executor to act, this streamlined process admits the will to probate as a link in the chain 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 with the Matagorda County Court. Include:
- Original Will and Codicils (if any)
- Certified death certificate
- Filing fee (approximately $360.00)
E-filing is mandatory for attorneys and available for pro se litigants in Matagorda County.
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 Matagorda County (e.g., The Bay City Tribune) within one month of receiving Letters.
- Mail notice: Send notice to all beneficiaries named in the will and to secured creditors.
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, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- Inventory and appraise all estate assets and file an Inventory, Appraisement, and List of Claims 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
Matagorda County-Specific Procedures
- E-filing: Matagorda County utilizes the Texas eFile system. Attorneys are required to e-file.
- Hearings: Hearings are typically held in the County Court. It is advisable to call the court coordinator to schedule a hearing date once the 10-day posting period is near completion.
- Local Rules: Always check with the County Clerk for any specific local standing orders regarding probate.
- Publication: Notice to creditors is typically published in The Bay City Tribune.
Texas law requires that the applicant be represented by an attorney in most probate matters because the executor represents the interests of third parties (beneficiaries and creditors).
Timeline & Fees
Filing Fees (Matagorda County)
- Probate of Will / Administration: approximately $360.00 (includes state and local consolidated fees)
- Small Estate Affidavit: approximately $360.00
- Guardianship: approximately $360.00
- Issuance of Citation/Posting: approximately $8.00 - $75.00 depending on service method
- Letters Testamentary: approximately $2.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. The "Local Consolidated Civil Fee" and "State Consolidated Civil Fee" structure was updated in Texas effective 2024/2025.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (uncontested): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than approximately two weeks after filing.
Local Resources
Matagorda County Court Resources
- Court Website: Matagorda County Clerk
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Lone Star Legal Aid: (800) 733-8394 — Provides free legal aid to eligible low-income residents.
Publication
- The Bay City Tribune: (979) 245-5555 — Newspaper of general circulation for probate notices.