Overview
Refugio County is located in Texas with a population of approximately 6,739. The Refugio 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, which can be used if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is the Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Texas law allows for independent administration, which minimizes court supervision and can significantly reduce costs and delays.
This guide provides an informational overview of the Refugio 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
Refugio County Court
Probate matters in Refugio County are handled at the Refugio County Courthouse.
Address: 808 Commerce St, Refugio, TX 78377
Phone: (361) 526-2233 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is responsible for maintaining probate records. The Constitutional County Court judge presides over probate hearings.
Parking and Access
Public parking is generally available around the courthouse square. There is a ramp for accessible entry. 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, you may be able to file a Small Estate Affidavit.
- Muniment of Title: If there is a valid will and no unpaid debts (except a mortgage), you may probate the will as a Muniment of Title to transfer assets 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 of Will and Issuance of Letters Testamentary (or Letters of Administration) with the Refugio County Clerk. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
E-filing: Attorneys are required to file documents electronically via eFileTexas.gov. Pro se litigants (representing themselves) may file in paper or electronically.
Step 3: Provide Notice
After filing, you must:
- Post Notice: The County Clerk will issue a citation which must be posted by the Sheriff or Constable at the courthouse for at least 10 days before the hearing.
- Publish Notice: After Letters are issued, you must publish a Notice to Creditors in a newspaper of general circulation in Refugio County (e.g., Refugio County Press) if required by the type of administration.
- Mail Notice: Send notice to all beneficiaries named in the will and to secured creditors.
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 creditors and beneficiaries
- Inventory, Appraisement, and List of Claims: File this with the court within 90 days of qualification (unless an Affidavit in Lieu of Inventory is allowed)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Refugio County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented litigants.
- Local Rules: Refugio County has adopted local rules of practice. Contested and uncontested probate cases are generally heard by the County Judge.
- Hearings: Hearings are typically held in the County Courtroom. Contact the Court Coordinator to schedule a hearing date after the citation return date.
- Publication: Notice to Creditors is commonly published in the Refugio County Press.
Timeline & Fees
Filing Fees (Refugio County)
- Probate of Will / Administration: approximately $360 (Statewide consolidated civil fee)
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Citation/Posting: Fees for the Sheriff to post notice may be additional (approx. $50-$75)
- Publication costs: approximately $50-$150 depending on the newspaper
Payment Methods
The County Clerk accepts cash, checks, money orders, and credit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (Independent Administration): 4-8 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period means the hearing cannot occur sooner than roughly two weeks after filing. The inventory is due 90 days after the personal representative qualifies.
Local Resources
Refugio County Court Resources
- County Website: https://www.co.refugio.tx.us
- County Clerk: Refugio County Clerk Page
- Texas Law Help: https://texaslawhelp.org
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- Refugio County Press: (361) 526-2315 — Common publication for legal notices.