Overview
Presidio County is located in Texas with a population of approximately 5,686. The Presidio 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 simplified procedures for smaller estates, such as the Small Estate Affidavit for intestate estates valued at $75,000 or less (excluding homestead and exempt property), and Muniment of Title for probating a will without administration.
Texas law does not set a statutory percentage fee for attorneys; fees are typically hourly or flat-rate. Executors may be entitled to a commission of 5% of all sums actually received and paid out in cash, subject to court approval.
This guide provides an informational overview of the Presidio 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
Presidio County Court
Probate matters in Presidio County are handled at the Presidio County Courthouse.
Address: 300 N. Highland Avenue, Marfa, TX 79843
Phone: (432) 729-4812 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located in the historic courthouse in Marfa. The County Judge presides over probate matters.
Parking and Access
Street parking is generally available around the courthouse square in Marfa. 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.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens).
- 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 Letters of Administration) with the Presidio County Court. 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 via EFileTexas.gov.
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 Presidio County (e.g., The Big Bend Sentinel) 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 2 to 3 weeks after filing (once the 10-day posting period expires). 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 creditors and beneficiaries
- Inventory and appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Presidio County-Specific Procedures
- E-filing: Presidio County accepts e-filing through EFileTexas.gov.
- Hearings: Hearings are generally held in the County Court. Check with the County Clerk for the judge's specific docket days.
- Publication: Notice to creditors should be published in a local newspaper such as The Big Bend Sentinel or The Presidio International.
- Local Rules: Always check with the County Clerk for any specific local standing orders or form requirements.
Timeline & Fees
Filing Fees (Presidio County)
- Probate of Will & Issuance of Letters: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Contest of Will: varies, typically additional filing fees apply
- Posting/Citation: included in base fee or ~$8 per citation
Fees are subject to change. Contact the County Clerk at (432) 729-4812 for the most current schedule.
Payment Methods
The court accepts cash, credit cards (with processing fee), cashier's checks, and money orders. Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (Independent Administration): 2-6 months
- Muniment of Title: 1-3 months
- Complex or contested estates: 6 months to 2 years
The mandatory 10-day posting period sets the minimum time before a hearing can occur.
Local Resources
Presidio County Court Resources
- County Clerk Website: co.presidio.tx.us
- Texas Law Help (Probate): texaslawhelp.org
- EFileTexas: efiletexas.gov
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- The Big Bend Sentinel: (432) 729-4342 — bigbendsentinel.com
- The Presidio International: (432) 229-4000