Overview
Milam County is located in Texas with a population of approximately 26,159. The Milam 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 Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This simplified procedure avoids full probate administration.
Texas law allows for independent administration, which significantly reduces court supervision and costs. Executors can often act free of court control after being appointed and filing an inventory.
This guide provides an informational overview of the Milam 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
Milam County Court
Probate matters in Milam County are handled at the Milam County Courthouse.
Address: 806 N. Crockett St. Suite A, Cameron, TX 76520
Phone: (254) 697-7049 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 4:30 PM; Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located at 806 N. Crockett St. Suite A. The Constitutional County Judge presides over most uncontested probate matters.
Parking and Access
Street parking is generally available around the courthouse square in Cameron. The building is accessible to the public during business hours with security screening at the entrance.
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 a Small Estate Affidavit.
- Muniment of Title: If there is a will but no need for administration (no debts other than mortgage), you may probate the will as a Muniment 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 Milam County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants.
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 Milam County (e.g., The Cameron Herald or Rockdale Reporter) within one month of receiving Letters.
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 and testimony. If approved, the judge signs the order and the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify secured creditors and beneficiaries
- 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
- In independent administration, the process is often closed by filing a closing report or notice.
Local Requirements
Milam County-Specific Procedures
- E-filing: Texas courts mandate e-filing for attorneys. Pro se litigants may file in person but are encouraged to e-file.
- Hearings: Uncontested probate hearings are typically held before the County Judge. Check with the court coordinator for available docket times.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as The Cameron Herald.
- Local Rules: Always check with the County Clerk for any specific local standing orders regarding probate proving up.
Timeline & Fees
Filing Fees (Milam County)
- Probate of Will / Letters Testamentary: approximately $360
- Administration / Guardianship: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Posting/Citation: Included in base fee (verify with clerk)
- Publication costs: approximately $50-$150 depending on the newspaper
Texas does not have a statutory percentage fee for attorneys; fees are reasonable and customary. Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to statutory limitations.
Payment Methods
The court accepts cash, credit cards, money orders, and cashier's checks. A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period sets the minimum time before a hearing can occur.
Local Resources
Milam County Court Resources
- Court Website: milamcounty.net
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas State Law Library
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas Legal Services Center: (800) 622-2520 — Legal aid for qualifying residents
Publication
- The Cameron Herald: (254) 697-6671 — Newspaper of general circulation
- Rockdale Reporter: (512) 446-5838 — Newspaper of general circulation