Overview
Smith County is located in Texas with a population of approximately 249,091. The Smith County Probate Court (County Court at Law No. 3) 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 (for intestate estates valued at $75,000 or less, excluding homestead and exempt property) and Muniment of Title (for probating a will to transfer title to property without a full administration).
Texas law allows for independent administration, which minimizes court supervision. Executors are generally entitled to a commission of 5% of all sums actually received and paid out in cash, though this is often subject to the terms of the will or agreement with beneficiaries.
This guide provides an informational overview of the Smith 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
Smith County Probate Court
Probate matters in Smith County are handled at the Smith County Courthouse Annex.
Address: 200 E Ferguson St, Tyler, TX 75702
Phone: (903) 590-4670 (Probate Court) | (903) 590-4677 (Probate Department - Will Safekeeping) | (903) 590-4611 (Probate Questions)
Hours: Monday through Friday, 8:00 AM to 4:45 PM
The Smith County Probate Court operates primarily under County Court at Law No. 3, presided over by Judge Clay White. The court is located in downtown Tyler.
Parking and Access
Public parking is available in designated lots around the courthouse square and on surrounding streets. Be mindful of time limits on street parking. Security screening is required upon entry to the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent died without a will and the estate is valued at $75,000 or less (excluding homestead and exempt property), you may file a Small Estate Affidavit.
- Muniment of Title: If there is a will but no need for administration (no debts other than a mortgage), you may probate the will as a Muniment of Title to transfer property.
- 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 with the Smith County Clerk. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
E-filing is mandatory for attorneys and available for pro se litigants in Smith County.
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 Smith County (e.g., Tyler Morning Telegraph) within one month of receiving Letters.
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 beneficiaries within specific statutory timelines
- Inventory and appraise all estate assets and file an Inventory, Appraisement, and List of Claims within 90 days (or an Affidavit in Lieu of Inventory if applicable)
- Pay valid creditor claims and expenses
- File federal tax returns if required
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Smith County-Specific Procedures
- E-filing: Smith County requires electronic filing for most probate documents.
- Court Investigator: For guardianships and certain heirship determinations, a court investigator may be appointed.
- Hearings: Hearings are generally held in person, though some uncontested matters may be handled via submission or Zoom upon request.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Smith County, such as the Tyler Morning Telegraph or Smith County Legal News.
Always check the latest Local Court Rules for County Court at Law No. 3 for specific procedural requirements.
Timeline & Fees
Filing Fees (Smith County)
- Probate of Will / Letters Testamentary: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Guardianship: approximately $360
- Posting/Citation: included in base fee or approx. $8 per citation
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Verify exact amounts with the Smith County Clerk.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates (Independent Administration): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than roughly two weeks after filing. The inventory is due 90 days after qualification.
Local Resources
Smith County Court Resources
- Court Website: https://www.smith-county.com/305/County-Court-at-Law-3
- Probate Forms: https://www.smith-county.com/290/Probate
- Texas Estates Code: statutes.capitol.texas.gov
Legal Aid and Attorney Referrals
- Smith County Bar Association: (903) 590-1612 — Local attorney information
- Lone Star Legal Aid (Tyler Office): (903) 595-4781 — Legal assistance for low-income residents
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Tyler Morning Telegraph: (903) 597-8111 — General circulation newspaper
- Smith County Legal News: (903) 597-5611 — Legal notices