Overview
Maverick County is located in Texas with a population of approximately 58,000. The Maverick 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 Petition 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 several simplified procedures for smaller estates. The Small Estate Affidavit is available if the value of the estate, excluding the homestead and exempt property, is $75,000 or less. A Muniment of Title is another option when there is a valid will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. If the will provides for it, or if all beneficiaries agree, the executor can act largely independent of the court after being appointed.
This guide provides an informational overview of the Maverick 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
Maverick County Clerk
Probate matters in Maverick County are handled at the Maverick County Courthouse.
Address: 500 Quarry Street, Eagle Pass, TX 78852
Phone: (830) 773-2829 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is responsible for maintaining probate records. Hearings are typically held in the County Court or, for contested matters, potentially the District Court depending on jurisdiction transfers.
Parking and Access
Public parking is generally available around the courthouse square and on adjacent streets. Visitors pass through security screening upon entering the 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 be able to file a Small Estate Affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will but no need for administration (no debts), this procedure admits the will to probate as a link in the chain of title to transfer property.
- 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 Application for Letters of Administration) with the Maverick County Clerk. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $360, but varies)
- Civil Case Information Sheet
Texas courts require e-filing for attorneys. Pro se litigants may be able to file in person, but hiring an attorney is highly recommended for probate matters in Texas.
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 Maverick County (e.g., The News Gram) within one month of receiving Letters.
- Mail notice: Send notice to beneficiaries and secured creditors 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. At the hearing, the judge reviews the application, hears testimony (often a "prove-up" of the will), 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 within 90 days (or file an Affidavit in Lieu of Inventory if applicable)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- In an Independent Administration, the process is often closed by filing a "Closing Report" or "Notice of Closing Estate."
Local Requirements
Maverick County-Specific Procedures
- E-filing: Texas mandates e-filing for all civil and probate cases filed by attorneys.
- Pro Se Litigants: While allowed, Texas judges often require an attorney for probate because the executor represents the interests of third parties (beneficiaries/creditors), which can be considered the unauthorized practice of law if done without a license.
- Publication: Notice to creditors is typically published in The News Gram or Eagle Pass Business Journal.
- Hearings: Hearings are generally scheduled through the County Court coordinator.
Always check with the County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Maverick County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Citations/Notices: ~$8 per citation (plus posting/service fees)
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Contact the County Clerk for the exact current fee schedule.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. Convenience fees apply to card payments.
Estimated Timelines
- Simple estates (Independent Administration): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot happen sooner than about two weeks after filing.
Local Resources
Maverick County Court Resources
- Court Website: https://co.maverick.tx.us/
- Probate Self-Help: https://texaslawhelp.org/article/probate-court-basics
- Texas Probate Forms: https://guides.sll.texas.gov/probate
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas RioGrande Legal Aid: (830) 773-6151 — Provides free legal services to eligible low-income residents.
Publication
- The News Gram: (830) 773-3622 — Newspaper of general circulation in Eagle Pass.
- Eagle Pass Business Journal: (830) 757-2705