Required for attorneysAttorneys must e-file probate cases through eFileTexas; self-represented filers may e-file or file on paper. When an application to probate a will is e-filed, the original will goes to the clerk within three business days. Under the court's administrative order, a copy of a will offered for probate is also filed on paper with the clerk within three business days. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed; Copies of wills offered for probate: filed with the clerk on paper within three business days.
The County Probate Court, in the courthouse at 804 Pecan Street, hears uncontested probate matters; a contested matter is filed in the County Court at Law. The County Clerk is clerk of the probate court and takes the filings at its office on Pine Street.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Bastrop, probate runs through the County Probate Court at 803 Pine Street, Bastrop.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.
Most Texas estates take 6 months to 12 months to move through this process. Creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present a claim, counted from the written notice the representative sends them, not from publication.
What Probate Costs in Bastrop County
What probate costs in Bastrop County, Texas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the County Probate Court at 803 Pine Street, Bastrop.
The County Probate Court charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)Verified Oct 17, 2026 to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Texas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Tex. Est. Code § 305.101Verified Sep 8, 2026View source of estate value annually.
Probate in Texas typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the County Probate Court
Probate cases in Bastrop County, Texas are filed at the County Probate Court.
Can You File Without an Attorney?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
A death certificate is filed with every probate application, including a small estate affidavit.
A readable copy is accepted, with the Social Security number crossed out or redacted. It is e-filed as a separate document or delivered with the original will.
A small estate affidavit is filed on the court's own form and is not approved if any heir is a minor.
The court requires its current small estate affidavit form, checks the real property records before approval, and does not take an affidavit within 30 days of the death.
Proposed hearing documents are e-filed at least one week before a will prove-up or heirship hearing.
For letters testamentary the court expects at least the proof of death and other facts, the order and the oath; for a muniment of title, the proof of death (with the no-debts testimony) and the order. An heirship hearing is set only after service or waivers, publication affidavits and the setting request form are complete.
Filed with the opening petition at the County Probate Court: Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — drafted by counsel, no statewide form; Original will and any codicils, filed with the application (Tex. Est. Code ch. 256); Certified copy of the death certificate / proof of death; Citation issued by the county clerk and served — by posting where the will is produced in court — before the court may act on the application, and proof of that service (Tex. Est. Code §§ 258.001, 258.003; §§ 256.151(4), 301.151(4))Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Justice of the Peace in Bastrop County
In Texas a death is registered locally, and in Bastrop County certified copies of the death certificate are issued by County Clerk, Bastrop County as well as by Texas Department of State Health Services - Vital Statistics Section.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Bastrop County are recorded with the County Clerk at 803 Pine Street, Bastrop, TX 78602. Phone: 1-512-332-7234. Hours: Monday-Thursday 8:00 AM-5:00 PM; Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 577, Bastrop, TX 78602.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Texas allows independent administrationTex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Texas are based on reasonable compensation, billed hourly or as a flat fee. Ask a Bastrop County firm to quote a structure up front.
A probate attorney files the petition with the County Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Austin firm on W. 16th Street working primarily in Travis, Hays, and Williamson counties, and case by case across Central Texas and the major metros. The attorneys handle dependent and independent administrations, intestate estates, heirship determinations in probate court, muniment of title, affidavits of heirship, and annual accountings. Two partners are also CPAs.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more
Austin firm on South MoPac serving Travis, Williamson, Hays, Bastrop, Blanco, and Caldwell counties. Handles probate administration — including flat-fee uncontested probate and probate by Zoom or submission — trust administration, and will and trust contests, alongside wills, trusts, and special needs planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
Office
4425 S Mopac Expy, Bldg II Ste 201Austin, TX 78735
San Antonio and Austin firm handling independent and dependent administration, muniment of title, small estate affidavits, letters testamentary, and trust administration for families across Bexar, Travis, Williamson, and Hays counties. Also handles guardianship and Medicaid crisis planning. Free 45-minute estate planning and probate consultations.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipLong Term Care Planning
Office
17721 Rogers Ranch Parkway, Suite 130San Antonio, TX 78258
Boutique estate-law firm whose Dallas office sits downtown on Main Street, with Houston and Austin offices and fourteen attorneys. Handles probate administration, fiduciary services, contested guardianships, and estate, trust, and guardianship litigation, and says it has worked in 112 of Texas' 254 counties. Free consultation.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more
San Antonio attorney handling estate matters for business owners and families in Bexar County, with a San Marcos office by appointment. Covers probate and its alternatives — affidavits of heirship, small estate affidavits, and muniment of title — plus trust administration, wills, trusts, asset protection, and business succession planning.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 6 more
Waco elder law and estate planning firm serving McLennan County and the surrounding Central Texas counties, with a second office in Georgetown. Handles Medicaid planning, guardianship, probate, heirship proceedings, Miller trusts, and special needs trusts, plus wills and powers of attorney. Elisa Dillard Rainey is a Certified Elder Law Attorney (CELA).
PracticesEstate PlanningProbateElder LawGuardianshipand 5 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Texas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Texas
Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Texas.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
Enter the estate value to see Texas attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Texas lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
