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.
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. Per Probate Court No. 1's Self-Represented Litigation Policy, only a licensed attorney may represent a third person or entity in a judicial proceeding in Texas, so most probate applicants cannot proceed pro se without attorney representation.
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 months to 12 months to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 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.
El Paso County runs a probate self-help center (Monday - Friday, 8:00 AM - 5:00 PM), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 915-273-3699.
Texas charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1) ($137 state consolidated), 135.102(a)(1) ($223 local consolidated); 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. § 133.151(a)(1) ($137) and § 135.102(a)(1) ($223) re-confirmed verbatim 2026-09-08 against tcss.legis.texas.gov/Docs/LG/htm/LG.133.htm and LG.135.htm (the codified-text backend; the canonical statutes.capitol.texas.gov page is a JS shell that serves zero statute text). Neither section carries an 89th Leg. (2025) amendment; both last amended by SB 1612 (88th Leg.), eff. 1/1/2024.Verified Sep 8, 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 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. 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 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 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.
•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. El Paso County has a self-help center that assists people filing without an attorney.
Affidavit requesting waiver of court costs for indigent filers
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, 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 El Paso County are recorded with the County Clerk in El Paso, TX 79901.
The County Clerk charges $25 for the first page plus $4 for each additional page.
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 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 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.
El Paso practice devoted to probate, estate administration, guardianship, and estate planning across West Texas, including Socorro, Clint, Horizon City, and Fabens. Karen Colon has practiced Texas probate law exclusively for over 15 years, handling testate and intestate administrations, small estate affidavits, and affidavits of heirship, and preparing wills and powers of attorney.
PracticesEstate PlanningEstate AdministrationProbateGuardianshipand 2 more
El Paso firm established in 1889, handling probate and estate and trust administration for El Paso and Hudspeth counties and licensed in New Mexico. Represents executors in Texas and personal representatives in New Mexico, advises trustees, prepares federal estate tax returns, and structures life insurance trusts, charitable remainder trusts, and family limited partnerships.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 4 more
Downtown El Paso practice handling probate and estate administration in the El Paso County courts, with Spanish-speaking service. Covers affidavits and determinations of heirship, muniment of title, small estate affidavits, family settlement agreements, Medicaid claims against an estate, and trust administration. Offers phone and virtual meetings.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more
El Paso firm on Trowbridge Drive serving El Paso County and Southern New Mexico, with a second office in Truth or Consequences, New Mexico. Handles probate administration and guardianship in West Texas courts alongside Medicaid planning, MERP claims, special needs planning, and wills and trusts. More than 45 years of experience serving El Paso and Las Cruces.
PracticesEstate PlanningProbateElder LawGuardianshipand 5 more
East El Paso practice on Lee Trevino Drive handling contested and uncontested probate of wills and drafting wills, trusts, living wills, and powers of attorney. Attorney Mark Winton also handles real estate and business matters, quotes many services over the phone at a fixed rate, and sees clients by appointment.
PracticesEstate PlanningProbateBusiness LawLiving Willsand 4 more
Office
1533 N. Lee Trevino Dr, Suite 201El Paso, TX 79936
Rockwall solo practice serving Rockwall, Dallas, Kaufman, and Collin counties, and Texas statewide since 1994. Michael Cramer drafts wills, revocable living trusts, and special needs trusts, handles trust administration, and litigates will and trust contests. Services are offered in English and Spanish, and the initial case evaluation is complimentary.
PracticesEstate PlanningTrust AdministrationProbateTrust Litigationand 3 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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
Enter estate details
Select your state and enter an estate value to see a detailed cost estimate.
Quick examples:
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
$
Total probate assets (exclude beneficiary-designated accounts)
Can you self-file probate?
Enter your state and estate value to get a personalized recommendation with estimated cost savings.
Score-based assessment with reasoning
Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
El Paso Guides
Step-by-step tools for families in El Paso, Texas.
