What to Do When Someone Dies in El Paso County, Texas
Probate in El Paso County runs through the Statutory Probate Courts (2): prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in El Paso County, settling their estate runs through the Statutory Probate Courts (2). This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Statutory Probate Courts (2)
El Paso County · Probate Courts 1 and 2
Address
500 E. San AntonioEl Paso, TX 79901
Phone
Hours
Monday - Friday, 8:00 AM - 5:00 PM
Paper filing availableE-filing required for attorneysSelf-filing allowed
County forms
- Small Estate Affidavit — Affidavit to collect a small estate without full administration
- Judgment Declaring Heirship — Order form for a determination of heirship
- Statement of Inability to Afford Court Costs — Affidavit requesting waiver of court costs for indigent filers
Departments
- Probate Court No. 1915-273-3709 · e.alarcon@epcountytx.gov
- Probate Court No. 2915-273-3581 · an.acosta@epcountytx.gov
- County Clerk Probate Records915-546-2116 · ProbateRecordsRequest@epcounty.com
El Paso County has 2 statutory probate courts handling wills, estates, guardianships, and mental health proceedings. Probate Court No. 1 staff: Estela Alarcon (Court Coordinator), Joseph Strelitz (Probate Court Master/Associate Judge), Gloria Lopez (Court Administrator/Auditor).
Verified June 3, 2026 · Source
How Probate Works in El Paso 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 El Paso, probate runs through the Statutory Probate Courts (2) at 500 E. San Antonio, El Paso. The court sits in the Probate Courts 1 and 2.
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 monthsTex. Est. Code §§ 205.001/205.006Verified Jun 19, 2026View source to 12 monthsTex. Est. Code §§ 205.001/205.006Verified Jun 19, 2026View source to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified Jun 19, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in El Paso County
What probate costs in El Paso 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 Statutory Probate Courts (2) at 500 E. San Antonio, El Paso. The court is part of the Probate Courts 1 and 2.
Probate matters are handled through Probate Court No. 1, Probate Court No. 2, and County Clerk Probate Records. Filing and payment go through these offices, not the main clerk window.
Texas charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1); SB 41 (87th Leg., eff. 1/1/2022), amounts last amended by SB 1612 (88th Leg., eff. 1/1/2024). SB 1760 (89th Leg., eff. 9/1/2025) added only a $45 guardianship-transfer filing fee (Est. Code ch. 1023) and did not change the consolidated amounts. Cross-checked against OCA County-Level Court Civil Filing Fees chart (rev. 10/27/2025, txcourts.gov). Verified 2026-06-19.Verified Jun 19, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Statutory Probate Courts (2) (https://efile.txcourts.gov/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Jun 19, 2026View source to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Jun 19, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified Jun 19, 2026View source to 4%Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified Jun 19, 2026View source of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Tex. Est. Code § 305.101Verified Jun 19, 2026View source of estate value annually.
Probate in Texas typically runs 6 monthsTex. Est. Code §§ 205.001/205.006Verified Jun 19, 2026View source to 12 monthsTex. Est. Code §§ 205.001/205.006Verified Jun 19, 2026View source, and costs accrue throughout. The 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified Jun 19, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Statutory Probate Courts (2)
If you're handling probate yourself in El Paso County, Texas, you can file at the Statutory Probate Courts (2) in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the Probate Courts 1 and 2.
Filings here are routed through Probate Court No. 1, Probate Court No. 2, and County Clerk Probate Records. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in El Paso County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationPaper Filing Required For
- •Original wills (must be filed in person within 3 days)
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Statutory Probate Courts (2) is realistic.
For a full cost comparison and filing checklist, see the El Paso County Self-Filing Assessment.
El Paso County Forms
This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.
What to Bring
To file at the Statutory Probate Courts (2) you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in El Paso County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk.
Recording Office Record
County Clerk
El Paso County
E-recording
Not available
Recording fees
| Base recording fee | $22 |
| Per additional page | $4 |
Base recording fee of $22.00 includes first page ($5.00) plus mandatory per-instrument add-on fees: $10.00 records management and preservation (§ 118.0115), $5.00 courthouse security fund (§ 118.0216), and $2.00 county records archive fee (§ 118.011(b)(2)). Each additional page beyond the first is $4.00. Some counties may assess additional local fees.
Tex. Local Gov't Code § 118.011, § 118.0115, § 118.0216, § 118.011(b)(2)
Transfer tax
None — Texas does not impose a real estate transfer tax. Transfer-on-death deeds are generally exempt (Texas has no transfer tax. No exemption needed.). Texas is one of a minority of states with no documentary stamp, deed, or transfer tax on real property conveyances.
Verified March 16, 2026 · Source
Probate Attorneys Serving El Paso County
Texas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in El Paso County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Texas are based on reasonable compensation — typically 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Jun 19, 2026View source to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Jun 19, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a El Paso County firm to quote a structure up front.
A probate attorney files the petition with the Statutory Probate Courts (2), 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.
West Texas Firms
Karen Colon Law PLLC
Solo PracticeEl Paso practice devoted to probate and estate administration in the El Paso County Probate Court, where attorney Karen Colon has practiced Texas probate exclusively for over 15 years. Handles dependent and independent administration, heirship determinations, muniment of title, and guardianship, and prepares wills and powers of attorney for El Paso and Hudspeth county families.
Location
1531 E. Missouri AveEl Paso, TX 79902
Phone
(915) 444-5003
Service Area
2 counties
ProbateEstate AdministrationGuardianshipEstate PlanningWillsPower Of Attorney
Visit site
ScottHulse, P.C.
FirmEl Paso firm founded in 1889, handling probate and estate administration, trust administration, and asset protection for El Paso and Hudspeth counties, and licensed in New Mexico. Represents executors and trustees in Texas and New Mexico probate, and structures life insurance trusts, charitable remainder trusts, and family limited partnerships. R. Glenn Davis and Zach Daw lead the group.
Location
201 E. Main Dr, Suite 1100El Paso, TX 79901
Phone
(915) 533-2493
Established
1889
Service Area
2 counties
Estate PlanningProbateAsset ProtectionTrustsTrust AdministrationTax PlanningBusiness SuccessionCharitable Planning
Visit site
The Law Office of Steve Ortega, PLLC
Solo PracticeDowntown El Paso practice handling probate and estate administration in the El Paso County courts for local families, with documents and consultations available in Spanish. Drafts wills, trusts, living wills, and powers of attorney, and assists with guardianships, business succession, and asset protection. Offers phone and virtual meetings for clients across El Paso and Hudspeth counties.
Location
521 Texas AveEl Paso, TX 79901
Phone
(915) 304-5050
Service Area
2 counties
ProbateEstate PlanningWillsTrustsPower Of AttorneyGuardianshipBusiness SuccessionAsset Protection
Visit site
Townsend Allala, Coulter & Kludt, PLLC
FirmEl Paso firm founded in 2009 serving El Paso County and Southern New Mexico, focused on Medicaid planning, probate administration, and guardianship in West Texas courts. Handles trust administration, MERP defense, special needs trusts, and estate administration for families navigating long-term care and post-death settlement. The attorneys practice elder law exclusively.
Location
4131 Trowbridge DrEl Paso, TX 79903
Phone
(915) 533-0007
Service Area
2 counties
Elder LawEstate PlanningWillsTrustsMedicaid PlanningProbateAsset Protection
Free consultationVisit site
Winton Law El Paso P.C.
FirmEast El Paso firm handling probate matters in the El Paso County courts and drafting wills, trusts, living wills, and powers of attorney. Attorney Mark Winton also assists with real estate and business matters, serving El Paso and Hudspeth county clients by appointment.
Location
1533 N. Lee Trevino Dr, Suite 201El Paso, TX 79936
Phone
(915) 201-2633
Service Area
2 counties
ProbateEstate PlanningWillsTrustsLiving WillsPower Of AttorneyReal EstateBusiness Law
Visit site
Statewide Practices
The Blum Firm, P.C.
FirmRanked Tier 1 in Trusts & Estates Law in the Dallas/Fort Worth metro area in the 2025 edition of Best Law Firms by Best Lawyers. Specializes in all areas of trust and tax planning and litigation.
Location
777 Main Street, Suite 550Fort Worth, TX 76102
Phone
(817) 334-0066
Service Area
Statewide
Estate PlanningTrust AdministrationTax PlanningEstate LitigationWealth Transfer
Visit site
Germer PLLC
FirmStatewide Texas firm whose Beaumont office serves Jefferson, Orange, and Hardin counties through the Jefferson County courts. Attorneys Christopher Leavins and Gary Coker represent executors, trustees, and beneficiaries in estate administration, contested wills, trust litigation, guardianship, and incapacity planning. Five Texas offices let estate disputes that cross regions stay with one firm.
Location
550 Fannin, Suite 400Beaumont, TX 77701
Phone
(409) 654-6700
Service Area
Statewide
Estate PlanningProbateTrust AdministrationGuardianshipTrust LitigationWill Contests
Visit site
Jackson Walker LLP
FirmJackson Walker's Trusts & Estates group handles probate, trust, and guardianship administration from its Austin office and statewide, serving high-net-worth families and family offices. Attorneys manage will filings, creditor claims, inventories, and estate and gift tax returns, and also handle fiduciary litigation, business succession, and charitable planning structures.
Location
100 Congress Avenue, Suite 1100Austin, TX 78701
Phone
(512) 236-2000
Service Area
Statewide
Trusts EstatesEstate PlanningWealth PlanningTax PlanningProbateTrust AdministrationGuardianship
Visit site
Porter Hedges LLP
FirmLarge Houston firm, founded in 1981, whose Trusts, Probate, and Estate Planning group serves families and fiduciaries across Texas. Handles estate and trust administration, probate, and will and trust drafting, and represents executors and trustees in fiduciary matters. Draws on the firm's tax and energy attorneys for estates holding closely held companies or oil-and-gas interests.
Location
1000 Main Street, 36th FloorHouston, TX 77002
Phone
(713) 226-6000
Established
1981
Service Area
Statewide
TrustsProbateEstate PlanningEstate AdministrationTrust Administration
Visit site
Robbins Estate Law
FirmResponsive estate planning and probate law firm serving Austin, Houston, Dallas, and all of Texas. Helps clients with wills, trusts, and powers of attorney to ensure families avoid probate. 10 attorneys across multiple Texas offices.
Location
13625 Ronald Reagan Blvd, Bldg 5, Ste 200Cedar Park, TX 78613
Phone
(512) 851-1248
Service Area
Statewide
Estate PlanningProbateWillsTrustsPower Of AttorneyAsset ProtectionSpecial Needs Planning
Free consultationVisit site
Spencer, Johnson, Harvell & Spencer, PLLC
FirmRecognized as a leader in estate (Will Contests), trust (Trust Disputes), and fiduciary (Executor, Administrator, Trust Officer and Guardian liability) litigation throughout Texas. Represents clients in Dallas, Fort Worth, Southlake, Denton, Plano, Frisco, McKinney, and other areas across the DFW region.
Location
500 N. Akard Street, Suite 2150Dallas, TX 75201
Phone
(214) 965-9999
Service Area
Statewide
Estate LitigationTrust LitigationWill ContestsTrust DisputesFiduciary LitigationGuardianship
Free consultationVisit site
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
- Tex. Est. Code § 305.101
- Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.
- Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)
- Tex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)
- Tex. Est. Code §§ 205.001/205.006
- Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1); SB 41 (87th Leg., eff. 1/1/2022), amounts last amended by SB 1612 (88th Leg., eff. 1/1/2024). SB 1760 (89th Leg., eff. 9/1/2025) added only a $45 guardianship-transfer filing fee (Est. Code ch. 1023) and did not change the consolidated amounts. Cross-checked against OCA County-Level Court Civil Filing Fees chart (rev. 10/27/2025, txcourts.gov). Verified 2026-06-19.
Data sourced from Texas statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Statutory Probate Courts (2) in El Paso County, attaching the original will (if any), the death certificate, and the filing fee ($360). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For El Paso County, that means filing fees ($360 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Statutory Probate Courts (2) in El Paso County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Texas self-filing assessment scores whether this estate can be handled without one.
A simple Texas probate typically closes in 4–6 months; average estates run 6–12 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of El Paso County probate.
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Each institution has a separate death claim process. Find yours below.
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