Overview
Shelby County is located in Texas with a population of approximately 24,000. The Shelby 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 a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) when there is no will. Another option is a Muniment of Title, used when there is a will but no need for administration (no debts other than real estate liens).
Texas law sets maximum statutory fees for executors (5% of sums received and paid out), but the will often specifies independent administration which allows for reasonable compensation.
This guide provides an informational overview of the Shelby 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
Shelby County Court
Probate matters in Shelby County are handled at the Shelby County Courthouse.
Address: 200 San Augustine St, Center, TX 75935
Phone: (936) 598-6361 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located in the historic courthouse square area. Probate matters are heard by the County Judge, Hon. Allison Harbison.
Parking and Access
Street parking is available around the courthouse square.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: For intestate estates valued at $75,000 or less (excluding homestead and exempt property).
- Muniment of Title: For testate estates with no debts (except mortgages) where no administration is needed.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary with the Shelby County Court. Include:
- Original Last Will and Testament
- Death Certificate
- Civil Case Information Sheet
- Filing fee (approx. $360–$420)
- Any additional required documents
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:
- Wait for the Citation: The County Clerk will post a citation at the courthouse for at least 10 days.
- Publish notice: After being appointed, you must publish a Notice to Creditors in a newspaper of general circulation in Shelby County for one time.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 10 to 14 days after filing (once the citation period has passed). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — publish Notice to Creditors within one month; notify secured creditors within two months.
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Shelby County-Specific Procedures
- E-Filing: Texas courts require e-filing for all civil and probate cases filed by attorneys.
- Hearings: Hearings are generally scheduled through the County Judge's coordinator.
- Pro Se Litigants: While allowed, the court strongly recommends retaining counsel due to the complexity of probate law.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Shelby County (e.g., The Light and Champion).
Always check with the County Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Shelby County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $415
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Judge's signature fee ($2), Citation issuance ($8), Posting ($50+)
Texas law allows for statutory executor fees of 5% of funds received and paid out, unless the will states otherwise.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards (via e-filing).
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year+
Timelines are affected by the mandatory 10-day posting period for citations and the 4-month creditor claim period.
Local Resources
Shelby County Court Resources
- Court Website: co.shelby.tx.us
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas State Law Library Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Lone Star Legal Aid: (800) 733-8394 — Legal Aid
- Texas Bar Lawyer Referral: texasbar.com
Publication
- The Light and Champion: (936) 598-3377 — Newspaper of general circulation in Shelby County.
- Shelby County Today: (936) 591-9334 — Online local news source.