Overview
San Augustine County is located in East Texas with a population of approximately 7,918. The San Augustine 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 several simplified procedures for smaller estates. The Small Estate Affidavit is available if the value of the estate, excluding the homestead and exempt property, is $75,000 or less. Another option is Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law allows for Independent Administration, which significantly reduces court supervision and costs. Executors are entitled to a statutory commission of 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 San Augustine 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
San Augustine County Court
Probate matters in San Augustine County are handled at the San Augustine County Courthouse.
Address: 106 S Broadway, San Augustine, TX 75972
Phone: (936) 275-2452 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 3:00 PM
The County Clerk's office is responsible for maintaining probate records and accepting filings. The courtroom is located within the historic courthouse building in downtown San Augustine.
Parking and Access
Free street parking is generally available around the courthouse square. 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, you may file a Small Estate Affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will and no unpaid debts (except a mortgage), you can probate the will as a Muniment of Title to transfer property records 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 San Augustine County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
Texas courts, including San Augustine County, mandate e-filing for all civil and probate cases represented by attorneys. Pro se litigants may be able to file in person, 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 independent administrations, you must publish a notice to creditors in a newspaper of general circulation in San Augustine County (e.g., San Augustine Tribune) 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 about two weeks after filing). At the hearing, the judge reviews the application, hears testimony, and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve claims
- Inventory and appraise all estate assets and file an Inventory, Appraisement, and List of Claims 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
- File a closing report or notice to close the estate
Local Requirements
San Augustine County-Specific Procedures
- E-filing: Electronic filing is mandatory for attorneys in San Augustine County probate cases.
- Hearings: Hearings are typically held in the County Court. Contact the County Clerk or Court Coordinator to schedule.
- Local Rules: While the county follows the Texas Estates Code, always check with the clerk for any specific local standing orders regarding the appointment of attorney ad litem in heirship determinations.
- Publication: Notice to creditors is typically published in the San Augustine Tribune.
Always verify the specific judge's requirements for proving up a will or heirship, as some may allow submission of testimony via written affidavit for uncontested matters.
Timeline & Fees
Filing Fees (San Augustine County)
- Probate of Will & Issuance of Letters: approximately $360
- Small Estate Affidavit: approximately $300
- Muniment of Title: approximately $360
- Contest of Will: approximately $137 base fee + citation fees
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Contact the County Clerk at (936) 275-2452 for the most current fee schedule.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. A convenience fee typically applies to credit card payments.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years or more
The mandatory 10-day posting period means the initial hearing cannot occur sooner than about two weeks after filing. The inventory is due 90 days after appointment.
Local Resources
San Augustine County Court Resources
- County Website: co.san-augustine.tx.us
- County Clerk: Clerk's Office Information
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — texasbar.com
- Lone Star Legal Aid: (800) 733-8394 — lonestarlegal.org
- Texas Law Help: texaslawhelp.org
Publication
- San Augustine Tribune: (936) 275-3404 — Newspaper of general circulation for legal notices.