Overview
Navarro County is located in Texas with a population of approximately 56,533. The Navarro 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 an Application for Probate of Will and Issuance of Letters Testamentary (if there is a will) or an Application for Letters of Administration (if there is no will). The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Texas offers several simplified procedures for smaller estates or those with no debts:
- Small Estate Affidavit: Available if the estate's value (excluding homestead and exempt property) is $75,000 or less and there is no will.
- Muniment of Title: A streamlined process to transfer title of assets when there is a valid will but no need for estate administration (e.g., no debts other than a mortgage).
- Independent Administration: A unique Texas procedure that minimizes court supervision, allowing the executor to handle most duties without court approval.
Texas law sets statutory executor commissions at 5% of all sums actually received and paid out in cash, though this does not apply to cash on hand at death or life insurance proceeds.
This guide provides an informational overview of the Navarro 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
Navarro County Clerk
Probate matters in Navarro County are filed with the County Clerk and heard at the Navarro County Courthouse.
Address: 300 W 3rd Ave, Corsicana, TX 75110
Phone: (903) 654-3035 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located on the first floor. The County Court at Law presides over most probate cases.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. There is a security checkpoint at the main entrance; visitors must pass through 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/exempt property) and there is no will, you may file this affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will and no debts (except a mortgage), this procedure probates the will to transfer title without appointing an executor.
- 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 Navarro County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (typically ~$360–$420)
- Proposed Order
E-filing is mandatory for attorneys in Texas and available for pro se litigants via E-File 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 (e.g., Corsicana Daily Sun) within one month of receiving Letters.
- Mail Notice: Send notice to secured creditors and beneficiaries 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 (usually 2-3 weeks after filing). At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order admitting the will and appointing the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- Inventory and Appraise: File an Inventory, Appraisement, and List of Claims within 90 days of qualification (or an Affidavit in Lieu of Inventory if eligible)
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Navarro County-Specific Procedures
- E-Filing: All civil and probate filings must be submitted electronically through E-File Texas, though pro se litigants may sometimes file in paper.
- Hearing Scheduling: Hearings are typically held on specific days; contact the Court Coordinator to schedule your hearing after the citation return date.
- Local Rules: The court may require a specific form for the "Proof of Death and Other Facts" testimony to be signed and filed at the hearing.
- Publication: Notice to creditors is commonly published in the Corsicana Daily Sun.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Navarro County)
- Probate of Will & Issuance of Letters: approximately $360–$420
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360–$400
- Contest of Will: approximately $120 filing fee + citation costs
- Publication costs: approximately $100–$200 depending on the newspaper
Note: Fees are subject to change. Check the Navarro County Clerk's fee schedule for the latest amounts.
Payment Methods
The court accepts cash, credit/debit cards (with a processing fee), cashier's checks, and money orders. Personal checks are generally not accepted from pro se litigants.
Estimated Timelines
- Simple estates (Independent Administration): 4-8 months
- Muniment of Title: 2-4 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than ~14 days after filing.
Local Resources
Navarro County Court Resources
- Court Website: Navarro County Clerk
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- Navarro County Bar Association: Contact local listings
- Legal Aid of NorthWest Texas: (888) 529-5277 — legalaidtx.org
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Corsicana Daily Sun: (903) 872-3931 — corsicanadailysun.com