What to Do When Someone Dies in Burnet County, Texas

How probate works in Burnet County: the County Court record, what the process costs, and how to file there.

Probate Court Record

Burnet County Court

Burnet County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

220 South Pierce Street, County Courthouse on the Square, Burnet, TX 78611

Self-represented filing

Attorney of record required

E-filing

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. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed.

Verified October 16, 2026 · Source

How Probate Works in Burnet County

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 Burnet, probate runs through the County Court at 220 South Pierce Street, County Courthouse on the Square, Burnet.

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 Burnet County

What probate costs in Burnet 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 Court at 220 South Pierce Street, County Courthouse on the Square, Burnet.

The County 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 Court

Probate cases in Burnet County, Texas are filed at the County 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.

For a full cost comparison and filing checklist, see the Burnet County Self-Filing Assessment.

What to Bring

Filed with the opening petition at the County 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 Burnet County

In Texas a death is registered locally, and in Burnet County certified copies of the death certificate are issued by County Clerk, Burnet County as well as by Texas Department of State Health Services - Vital Statistics Section.

Vital Records Office Record

County Clerk

Burnet County · County Clerk

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

220 South Pierce Street, Burnet, TX 78611

Local rule

  • A request by mail carries the application, the notarized proof of identification form, payment and a legible copy of a valid identification. Step relatives and in-laws are not qualified applicants.

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Justice of the Peace

Burnet County · Justices of the Peace

Serves this county

The justice of the peace of the precinct where the death occurred

Verified November 2, 2026 · Source

Transferring Property in Burnet County

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 Burnet County are recorded with the County Clerk at 220 South Pierce Street, Burnet, TX 78611. Phone: 1-512-756-5406. Hours: Monday-Friday 8:00 AM-4:00 PM.

The County Clerk charges $25 for the first page plus $4 for each additional page.

Burnet County accepts electronic recording through CSC, ePN and Simplifile.

Recording Office Record

County Clerk

Burnet County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

220 South Pierce Street, Burnet, TX 78611

Fees

Recording fees

Base fee (first page)$25
Each additional page$4
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025

Verified October 17, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Burnet County

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 Burnet County firm to quote a structure up front.

A probate attorney files the petition with the County 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 (formerly The Wiewel Law Firm) at 1601 Rio Grande, practising exclusively in wills, probate, estate planning, asset protection, and special needs planning. Satellite offices in Georgetown, Horseshoe Bay, and Dripping Springs are open by appointment. Brad Wiewel and Rob Hugos are board certified in estate planning and probate law by the Texas Board of Legal Specialization.

Serves 5 countiesFree consultationEstate PlanningTrust AdministrationProbateElder LawTax Planning+2

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.

Serves 4 countiesFree consultationEstate PlanningProbateProbate LitigationTrust LitigationGuardianship+2

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.

Serves 7 countiesFree consultationEstate PlanningTrust AdministrationProbateGuardianshipLong Term Care Planning

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.

Solo PracticeServes 2 countiesEstate PlanningTrust AdministrationProbateTax PlanningAsset Protection+5

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).

Serves 8 countiesEstate PlanningProbateElder LawGuardianshipSpecial Needs Planning+4

Amarillo-headquartered firm of more than 40 attorneys, with offices in Austin, Dalhart, and Victoria. The estate planning and probate group represents executors, trustees, beneficiaries, and heirs, and carries more than a century of combined experience, two Fellows of the American College of Trust and Estate Counsel, and three attorneys board certified in estate planning and probate law.

Serves 8 countiesEstate PlanningTrust AdministrationProbateTax PlanningBusiness SuccessionWealth Planning

See all 13 firms serving Burnet County →

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.

Legal Sources

(9)·

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.

Get the Answer

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