Overview
McLennan County is located in Texas with a population of approximately 270,358. The McLennan County Court at Law 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 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. The Small Estate Affidavit is available if the estate's value (excluding homestead and exempt property) is $75,000 or less and there is no will. 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 a "reasonable" executor fee, typically capped at 5% of all money received and paid out by the estate (excluding cash on hand at death).
This guide provides an informational overview of the McLennan 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
McLennan County Court at Law
Probate matters in McLennan County are handled at the McLennan County Courthouse.
Address: 501 Washington Ave, Suite 215, Waco, TX 76701
Phone: (254) 757-5166 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located in the historic McLennan County Courthouse. The County Clerk's office, where documents are filed, is located in the same complex (often the Annex or Records building nearby).
Parking and Access
Free parking is available in the parking lots in front of the county courthouse and records building. Street parking is also available in the surrounding downtown area.
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: Used when there is a valid will but no need for administration (no debts other than a mortgage).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Application for Probate of Will and Issuance of Letters Testamentary with the McLennan County Court at Law. Include:
- Original Will
- Death Certificate
- Civil Case Information Sheet
- Filing fee (approx. $360)
- Citation issuance fee
E-filing is mandatory for attorneys and recommended 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 at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in McLennan County for one time (Notice to Creditors is also published after Letters are issued)
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:
- Publish notice to creditors in a local newspaper within 1 month of receiving Letters; secured creditors must be notified within 2 months
- 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 and petition for discharge
Local Requirements
McLennan County-Specific Procedures
- E-Filing: Mandatory for all civil and probate cases via eFileTexas.
- Hearing Scheduling: Hearings are typically scheduled on the Monday following the expiration of the 10-day return period.
- Pro Se Policy: The court strongly recommends retaining an attorney due to the complexity of probate law.
- Publication: Notice must be published in a newspaper of general circulation in McLennan County for one time.
Check with the County Clerk for specific local forms, though statewide forms are generally accepted.
Timeline & Fees
Filing Fees (McLennan County)
- Application for Probate of Will: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Citation Issuance: ~$8 per citation
Texas law allows for a "reasonable" executor fee, typically capped at 5% of all money received and paid out by the estate.
Payment Methods
The court accepts credit cards (via e-filing), cash, cashier's checks, or money orders. Credit card payments are subject to a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Creditor claim periods and tax filings can extend timelines.
Local Resources
McLennan County Court Resources
- Court Website: mclennan.gov
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral Service: 1-800-252-9690 — Statewide lawyer referral service
- Lone Star Legal Aid: (254) 756-7944 — Provides free civil legal help to low-income residents.
- Texas Bar Lawyer Referral: Texas Bar Lawyer Referral
Publication
- Waco Tribune-Herald: (254) 757-5757 — Newspaper of general circulation for probate notices.
- The Baylor Lariat: (254) 710-1712 — University newspaper, sometimes used for notices.