Overview
Real County is located in Texas with a population of approximately 2,772. The Real 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 Application 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 simplified procedures for smaller estates, including the Small Estate Affidavit (for intestate estates valued at $75,000 or less, excluding homestead and exempt property) and Muniment of Title (for testate estates with no unpaid 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 all beneficiaries agree.
This guide provides an informational overview of the Real 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
Real County Court
Probate matters in Real County are handled by the County Judge at the Real County Courthouse.
Address: 146 S. US Hwy 83, Leakey, TX 78873
Phone: (830) 232-5202 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office serves as the court registry for probate filings. The courthouse is located in Leakey, the county seat.
Parking and Access
Free parking is generally available around the courthouse square in Leakey. Security screening may be required upon entry.
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 and no unpaid debts (except a mortgage), this procedure transfers 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 Real County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $360-$400)
- Civil Case Information Sheet
Texas courts require e-filing for attorneys. Pro se litigants (representing themselves) may be able to file in paper, but e-filing is encouraged.
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 formal administration, publish a Notice to Creditors in a newspaper of general circulation in Real County (e.g., The Real American).
- 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 (usually 2-3 weeks after filing). 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 within specific statutory timelines (usually 1-2 months).
- Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible).
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- Close the estate (if required by the type of administration).
Local Requirements
Real County-Specific Procedures
- E-filing: Texas mandates e-filing for attorneys via eFileTexas.gov. Unrepresented individuals may file in person at the Clerk's office.
- Hearings: Hearings are typically held before the County Judge. Call the County Clerk to schedule.
- Publication: Notice to Creditors is typically published in The Real American.
- Local Rules: Check with the County Clerk for any specific local standing orders regarding probate.
Texas requires that an attorney represent the applicant in most probate matters because the executor represents the interests of third parties (beneficiaries/creditors).
Timeline & Fees
Filing Fees (Real County)
- Probate of Will / Administration: approximately $360-$400
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360-$400
- Issuance of Letters/Citations: ~$8 per citation/letter (varies)
- Publication costs: approximately $50-$150 depending on the newspaper
Fees are subject to change. Contact the County Clerk at (830) 232-5202 for the most current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (credit cards may incur a convenience fee).
Estimated Timelines
- Independent Administration: 3-6 months (if uncontested)
- Dependent Administration: 9 months to 2+ years (requires court supervision)
- Small Estate Affidavit: 1-2 months
- Muniment of Title: 1-3 months
Factors affecting timeline include the 10-day posting period, creditor notice periods, and court calendar availability.
Local Resources
Real County Court Resources
- Court Website: Real County Clerk
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — trla.org
Publication
- The Real American: (830) 232-5211 — Local newspaper for Leakey and Real County.