Overview
Tom Green County is located in Texas with a population of approximately 120,103. The Tom Green County Court at Law 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 a Application for Probate of Will and Issuance of Letters Testamentary (or Application for Letters of Administration) 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 is available if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is a Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Filing fees in Tom Green County typically start around $360 for a new probate case. Texas law sets statutory executor commissions at 5% of all sums actually received and paid out in cash, though this is subject to specific rules and limitations.
This guide provides an informational overview of the Tom Green 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
Tom Green County Court at Law
Probate matters in Tom Green County are handled at the Tom Green County Courthouse.
Address: 112 W. Beauregard Ave, San Angelo, TX 76903
Phone: (325) 659-6554 (Civil/Probate Department)
Hours: Monday through Friday, 7:30 AM to 4:15 PM
The County Clerk's office, where documents are filed, is located in the Edd B. Keyes Building at 124 W. Beauregard Ave, adjacent to the courthouse. The County Court at Law presides over probate cases.
Parking and Access
Public parking is available on the streets surrounding the courthouse (e.g., Beauregard Ave, Irving St). There are also public parking lots nearby. Visitors must pass through security screening upon entering the courthouse; cell phones may be restricted or require silencing.
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 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 ownership 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 Application for Letters of Administration) with the Tom Green 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 in Texas and available for pro se litigants through providers like eFileTexas.gov.
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, publish a Notice to Creditors in a newspaper of general circulation in Tom Green County (e.g., San Angelo Standard-Times) within one month of receiving Letters.
- Mail notice: Send notice to all heirs 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 (often 2-3 weeks after filing). At the hearing, the judge reviews the application, hears testimony (often a "prove-up" of the will), and if approved, signs the order admitting the will to probate.
Step 5: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, 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 of qualification (or file an Affidavit in Lieu of Inventory if eligible).
- Pay valid creditor claims and estate expenses.
- File federal income tax returns for the decedent and the estate.
- Distribute assets to beneficiaries.
- File a closing notice or declaratory judgment to close the estate if required.
Local Requirements
Tom Green County-Specific Procedures
- E-filing: Tom Green County mandates e-filing for all civil and probate cases filed by attorneys. Pro se litigants are encouraged to e-file but may file in paper.
- Court Coordinator: Hearings are typically scheduled through the Court Coordinator for the County Court at Law.
- Prove-up Testimony: Written testimony is often required to be prepared and signed for the prove-up hearing.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Tom Green County, such as the San Angelo Standard-Times.
Always check the latest Local Rules of the Tom Green County Courts for specific formatting and procedural requirements.
Timeline & Fees
Filing Fees (Tom Green County)
- Probate of Will / Administration: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Issuance of Letters: approximately $2.00 per certified copy
- Citation/Posting: included in base fee or approx. $8.00
- Publication costs: approximately $100-$300 depending on the newspaper
Texas law allows for reasonable attorney's fees and statutory executor commissions (5% of receipts and disbursements), subject to court approval in dependent administrations.
Payment Methods
The County Clerk accepts cash, credit/debit cards (with a processing fee), money orders, and cashier's checks. Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Average estates (Independent Administration): 6-9 months
- Complex or contested estates: 9 months to 2+ years
Timelines depend heavily on the 10-day posting period, the 90-day inventory deadline, and the efficiency of the executor in gathering assets and settling claims.
Local Resources
Tom Green County Court Resources
- Court Website: Tom Green County Clerk
- Probate Self-Help: Texas Law Help - Estate Administration
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- Tom Green County Bar Association: Local attorney listings.
- Legal Aid of NorthWest Texas: (800) 955-3959 — Provides free civil legal services to eligible low-income residents.
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- San Angelo Standard-Times: (325) 653-1221 — Major daily newspaper for legal notices.