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.
What to Do When Someone Dies in El Paso County, Texas
How probate works in El Paso County: the Probate Courts No. 1 and No. 2 record, what the process costs, and how to file there.
Probate Court Record
El Paso County Probate Courts No. 1 and No. 2
El Paso County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
500 East San Antonio, Suite 105, El Paso, TX 79901
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Attorney of record required
Self-help forms
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.
Filing in person
Walk-ins acceptedThe County Clerk's Probate-Civil Division takes walk-ins to file an original will, deposit or withdraw a will for safekeeping, file annual guardianship reports and obtain letters; the same can be done by mail.
Self-help center
- El Paso County Law Library, 500 E San Antonio, Suite 1202, El Paso, TX 799011-915-273-3699 · eplawlibrary@epcounty.com · Monday-Friday 8:00 AM-5:00 PMThe county law library in the courthouse has an e-file station, copying, printing, scanning, a notary, information packets on common legal processes and Westlaw, Lexis and HeinOnline. Staff give directional and local procedural information but cannot advise on a case.
County forms
- Small Estate AffidavitThe probate courts' small estate affidavit form.
- Judgment Declaring HeirshipProposed judgment form for a determination of heirship.
- Statement of Inability to Afford Court CostsSworn statement asking to proceed without paying court costs.
Fax
1-915-546-2012
Departments
- Probate Court No. 11-915-273-3709 · 500 East San Antonio, Suite 1201
- Probate Court No. 21-915-273-3581 · 500 East San Antonio, Suite 422
About the court
- El Paso County has two statutory probate courts in the county courthouse; probate filings, original wills and requests for letters go to the County Clerk's Probate-Civil Division in Suite 105.
Verified October 16, 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 Probate Courts No. 1 and No. 2 at 500 East San Antonio, Suite 105, El Paso.
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 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 Probate Courts No. 1 and No. 2 at 500 East San Antonio, Suite 105, El Paso.
The Probate Courts No. 1 and No. 2 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 Probate Courts No. 1 and No. 2
Probate cases in El Paso County, Texas are filed at the Probate Courts No. 1 and No. 2.
Beside the filing office, the court lists separate lines for Probate Court No. 1 and Probate Court No. 2.
The county law library in the courthouse has an e-file station, copying, printing, scanning, a notary, information packets on common legal processes and Westlaw, Lexis and HeinOnline. Staff give directional and local procedural information but cannot advise on a case.
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 El Paso County Self-Filing Assessment.
El Paso County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
The probate courts approve a small estate affidavit only when it transfers property from a deceased spouse to the surviving spouse, or from the decedent to an unmarried adult child living in the homestead; all others are denied.
SourceWhat to Bring
Filed with the opening petition at the Probate Courts No. 1 and No. 2: 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 Medical Examiner in El Paso County
In Texas a death is registered locally, and in El Paso County certified copies of the death certificate are issued by Vitals Division, County Clerk, El Paso County as well as by Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
County Clerk
El Paso County · Vitals Division, County Clerk
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
500 East San Antonio Avenue, Suite 105, El Paso, TX 79901
Website
Certified copies
At the counter
Local rule
- The County Clerk issues death certificates at its downtown office and its Northeast and Northwest annexes. Applicants fill out the clerk's application and present valid identification.
Certified copy fees
| First certified copy | $21 |
| Each additional copy ordered at the same time | $4 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
El Paso County · El Paso County Office of the Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
4505 Alberta Avenue, El Paso, TX 79905
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-915-273-3404
Verified November 1, 2026 · Source
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 at 500 East San Antonio Avenue, Suite 105, El Paso, TX 79901. Phone: 1-915-273-3532. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk charges $25 for the first page plus $4 for each additional page.
El Paso County accepts electronic recording through the El Paso County Clerk eRecording Portal.
Recording Office Record
County Clerk
El Paso County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
500 East San Antonio Avenue, Suite 105, El Paso, TX 79901
Website
Fees
Recording fees
| Base fee (first page) | $25 |
| Each additional page | $4 |
| Transfer tax on a TOD deed | No 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
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving El Paso 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 an El Paso County firm to quote a structure up front.
A probate attorney files the petition with the Probate Courts No. 1 and No. 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 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.
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.
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.
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.
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.
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)·
- Tex. Est. Code §§ 352.002, 352.003
- Tex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)
- 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)
- Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102
- Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)
- Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025
- El Paso Probate Courts No. 1 and No. 2, official page
- El Paso County Clerk, official page
- El Paso County vital records and death investigation offices, official page
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
Hire a Texas Probate Attorney
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