Overview
Robertson County is located in Texas with a population of approximately 17,659. The Robertson 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 (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, including the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) and Muniment of Title for estates where there are no debts other than a mortgage.
Note that Texas law generally requires an executor to be represented by an attorney in probate court because they are representing the interests of third parties (heirs and creditors).
This guide provides an informational overview of the Robertson 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
Robertson County Court
Probate matters in Robertson County are handled at the Robertson County Courthouse.
County Judge's Office (Courthouse):
Address: 102 W Decherd St, Franklin, TX 77856
Phone: (979) 828-3542
County Clerk's Office:
Address: 103 E Morgan St, Franklin, TX 77856 (P.O. Box 1029)
Phone: (979) 828-4130
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Court is presided over by County Judge Joe David Scarpinato. The County Clerk's office accepts filings and maintains probate records.
Parking and Access
Public parking is available around the courthouse square in Franklin. 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: For estates valued at $75,000 or less (excluding homestead and exempt property) with no will and no need for administration.
- Muniment of Title: A streamlined process to transfer title of assets when there is a will but no unpaid debts (except a mortgage) and no need for 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 the appropriate Application with the Robertson County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (typically ~$360-$400)
- Civil Case Information Sheet
Texas courts generally require e-filing for attorneys. Pro se applicants may be able to file in paper, but representation by an attorney is highly recommended and often required.
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.
- Serve notice: Notify beneficiaries and heirs as required by law.
- Publish notice: For independent administrations, publish a notice to creditors in a newspaper of general circulation in Robertson County.
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 general creditors within specific statutory timelines
- 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
- Close the estate (if required by the type of administration)
Local Requirements
Robertson County-Specific Procedures
- Attorney Requirement: Like most Texas probate courts, Robertson County generally requires executors to be represented by an attorney.
- E-Filing: E-filing is mandatory for attorneys.
- Hearings: Hearings are typically held in the County Court. Check with the court coordinator for available docket times.
- Publication: Notice to creditors should be published in a local newspaper such as the Robertson County News or Franklin Advocate.
Always check with the County Clerk or Court Coordinator for the most up-to-date local rules and standing orders.
Timeline & Fees
Filing Fees (Robertson County)
- Probate of Will / Letters of Administration: approximately $360-$400
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360-$400
- Issuance of Letters: ~$2.00 per letter
- Judge's Signature Fee: ~$2.00
- Publication costs: Varies by newspaper (approx. $50-$150)
Note: Fees are subject to change. Contact the County Clerk at (979) 828-4130 for the exact current fee schedule.
Payment Methods
The County Clerk typically accepts cash, credit cards, cashier's checks, and money orders. Convenience fees may apply for credit card payments.
Estimated Timelines
- Uncontested Probate: Letters can often be obtained within 2-4 weeks of filing, provided the 10-day posting period is met and the court's docket allows.
- Inventory: Due 90 days after qualification.
- Average Estate Settlement: 6-12 months.
- Complex or Contested Estates: 1 year or more.
Local Resources
Robertson County Court Resources
- County Clerk Website: https://www.co.robertson.tx.us/page/robertson.County.Clerk
- County Judge Website: https://www.co.robertson.tx.us/page/robertson.County.Judge
- Texas Law Help (Probate): https://texaslawhelp.org/article/estate-administration-in-texas
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996
Publication
- Robertson County News / Franklin Advocate: (979) 279-3411 — https://www.robconews.com/