Overview
Wilson County is located in Texas with a population of approximately 55,415. The Wilson 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 simplified procedure known as a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property), provided there is no will and the estate is solvent. 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).
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. If the will provides for it or all beneficiaries agree, the executor can act free of most court oversight.
This guide provides an informational overview of the Wilson 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
Wilson County Court
Probate matters in Wilson County are handled at the Wilson County Courthouse.
Address: 1420 3rd St, Ste 110, Floresville, TX 78114
Phone: 830-393-7308 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM (Closed 12:00 PM - 1:00 PM); Friday, 8:00 AM to 3:30 PM
The Wilson County Clerk's office is located in Suite 110. The court is a Constitutional County Court, which handles probate matters in addition to other county business.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The building is accessible to persons with disabilities.
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.
- Muniment of Title: If there is a will but no need for administration (no debts).
- 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 with the Wilson County Court. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee (verify current amount with the County Clerk)
- Any additional required documents
Wilson County requires e-filing for all probate documents.
Step 3: Provide Notice
After filing, you must:
- Post notice at the courthouse (handled by the clerk/sheriff) for at least 10 days.
- Publish notice to creditors in a newspaper of general circulation in Wilson County (e.g., Wilson County News) if administration is opened.
- Mail notice to beneficiaries and secured creditors 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. 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 creditors and beneficiaries within specific statutory timelines (e.g., notice to secured creditors within 2 months).
- Inventory and appraise all estate assets 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.
- Close the estate (if required) or allow independent administration to conclude naturally.
Local Requirements
Wilson County-Specific Procedures
- E-filing: Wilson County mandates e-filing for all probate matters.
- Constitutional County Court: Wilson County has a Constitutional County Court, not a Statutory Probate Court. Contested matters may be transferred to the District Court.
- Local Rules: Check with the County Clerk for any specific local standing orders or checklist requirements for hearings.
- Publication: Notice to creditors is typically published in the Wilson County News.
Always check with the County Clerk's office for the most up-to-date fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Wilson County)
Filing fees are subject to change. Verify current fees with the Wilson County Clerk's office before filing. As of the most recent fee schedule:
- Probate of Will & Letters Testamentary: approximately $360
- Administration (Intestate): approximately $360
- Small Estate Affidavit: approximately $260-$300
- Muniment of Title: approximately $360
- Sheriff Posting: typically included in base fee or ~$55 extra
- Publication costs: approximately $100-$200 depending on the newspaper
Texas law does not set a statutory percentage fee for attorneys; fees are reasonable and agreed upon. Executors may be entitled to a commission (typically 5% of sums received and paid out) unless the will states otherwise.
Payment Methods
The court accepts cash, credit cards (with service fee), cashier's checks, and money orders. Personal checks are generally not accepted for new filings.
Estimated Timelines
- Simple estates (Independent Administration): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period means the initial hearing cannot occur sooner than ~2 weeks after filing.
Local Resources
Wilson County Court Resources
- Court Website: co.wilson.tx.us
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — trla.org
Publication
- Wilson County News: 830-216-4519 — wilsoncountynews.com