Overview
Willacy County is located in Texas with a population of approximately 20,027. The Willacy 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 a 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 such as the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is Muniment of Title, used when there is a valid will and no unpaid debts (other than those secured by real estate), avoiding the need for full administration.
Texas law allows for reasonable attorney's fees and provides that executors may be entitled to a commission (typically 5% of sums received and paid out in cash) unless the will states otherwise.
This guide provides an informational overview of the Willacy 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
Willacy County Court
Probate matters in Willacy County are handled at the Willacy County Courthouse.
Address: 576 W. Main Ave., Raymondville, TX 78580
Phone: (956) 689-2710 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 12:00 PM; 1:00 PM to 5:00 PM
The Willacy County Clerk's Office is located in the historic courthouse in downtown Raymondville. This office accepts all probate filings and maintains the court records.
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/exempt property) and there is no will.
- Muniment of Title: If there is a will, no debts (except secured by real estate), and no need for administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Application for Probate of Will and Issuance of Letters Testamentary with the Willacy County Court. Include:
- Original Will
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee amount (approx. $360)
- Proposed Order Admitting Will to Probate
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 Clerk to post citation (notice) at the courthouse for at least 10 days before the hearing
- Publish notice to creditors in a newspaper of general circulation in Willacy County (required after Letters are issued) for one time
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing (following the 10-day posting period). 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 within 1 month and send secured creditors notice within 2 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 (or close via closing report)
Local Requirements
Willacy County-Specific Procedures
- E-filing: Mandatory for attorneys; encouraged for all filers.
- Civil Case Information Sheet: Must be submitted with the initial application.
- Hearings: Typically held in the County Court; check with the court coordinator for scheduling.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Willacy County (e.g., Raymondville Chronicle) for one time.
Always check with the Willacy County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Willacy County)
- Probate of Will & Issuance of Letters: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per page + $5 certification per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Posting Fee: approximately $25
Texas law does not set a statutory fee schedule for attorneys; fees must be reasonable. Executors typically receive a 5% commission on funds managed.
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit cards (with a convenience fee). Personal checks are generally not accepted from pro se litigants.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Timelines are affected by the mandatory 10-day posting period before the hearing and the creditor claim period.
Local Resources
Willacy County Court Resources
- Court Website: Willacy County Clerk
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Texas RioGrande Legal Aid: (956) 447-4800 — Legal Aid
- Texas Bar Lawyer Referral: texasbar.com
Publication
- Raymondville Chronicle: (956) 689-2421 — General circulation
- Willacy County News: (956) 689-2421 — General circulation