Weatherford solo practice on South Main Street with more than 40 years in the North Texas courts. Maintains an active probate litigation practice across Parker, Palo Pinto, Jack, Johnson, Tarrant, Wise, Hood, and Erath counties, and handles estate administration, guardianship, and wills and trusts. Gary F. Westenhover is board certified in estate planning and probate law.
What to Do When Someone Dies in Erath County, Texas
How probate works in Erath County: the County Court at Law record, what the process costs, and how to file there.
Probate Court Record
Erath County Court at Law
Erath County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
222 East College Street, Stephenville, TX 76401
Website
Files probate
Probate Records
E-filing
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.
County forms
- Small Estate Affidavit with ChecklistSmall estate affidavit with its checklist
- Affidavit of IndigenceAffidavit for a filer who cannot pay court costs
- Annual Accounting with OrderA guardian's annual account of the estate, with the order approving it
- Annual Report of Wards Well BeingA guardian's annual report on the ward's well-being
Fax
1-254-434-2768
Departments
- Probate Records1-254-965-1428 · Takes probate filings · probate@co.erath.tx.usThe County Clerk's probate desk, which issues citations, letters testamentary and letters of guardianship.
About the court
- The County Court at Law hears probate and guardianship cases, and the County Clerk is its clerk. The clerk's land records office is at Annex III, 222 E. College Street, and its civil and misdemeanor records office is at the Donald R. Jones Justice Center, 298 S. Graham St. Clerks do not give legal advice.
Verified October 16, 2026 · Source
How Probate Works in Erath 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 Erath County, probate runs through the County Court at Law at 222 East College Street, Stephenville.
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 Erath County
What probate costs in Erath 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 Law at 222 East College Street, Stephenville.
Procedures at this court that affect cost: A guardian of both the person and the estate files the annual report and the annual account on the same day; the clerk holds them ten days before sending them to the judge.
Texas charges a $360 statewide base for an original probate filing: the $137 state consolidated fee plus the $223 local consolidated fee. Counties add charges for issuing citation and for the sheriff or constable posting notice, so county totals for a will probate run from $360 to about $520Tex. 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. 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 at Law
Probate cases in Erath County, Texas are filed at the Probate Records of the County Court at Law.
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 Erath County Self-Filing Assessment.
Erath 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
A guardian of the person files an annual report each year, due on the anniversary of the original order, signed before a notary.
SourceWhat to Bring
Filed with the opening petition at the County Court at Law: 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 Erath County
In Texas a death is registered locally, and in Erath County certified copies of the death certificate are issued by County Clerk, Vital Records, Erath County as well as by Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
County Clerk
Erath County · County Clerk, Vital Records
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
222 East College Street, Stephenville, TX 76401
Website
Burial and cremation permits
- Issued byCounty Clerk, Vital Records, Erath County
- After-hours permit line1-254-965-3318
Certified copy fees
| First certified copy | $21 |
| Each additional copy ordered at the same time | $4 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Justice of the Peace
Erath County · Justices of the Peace
Website
Serves this county
The justice of the peace of the precinct where the death occurred
Verified November 2, 2026 · Source
Transferring Property in Erath 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 Erath County are recorded with the County Clerk at 222 East College Street, Stephenville, TX 76401. Phone: 1-254-965-1482. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Recording Office Record
County Clerk
Erath County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
222 East College Street, Stephenville, TX 76401
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 Erath 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 Erath County firm to quote a structure up front.
A probate attorney files the petition with the County Court at Law, 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.
Granbury firm serving Hood, Parker, Johnson, Bosque, and Erath counties, alongside a criminal defense practice. Handles probate, muniment of title for small estates, and out-of-court heirship affidavits, plus wills, trusts including special needs trusts, powers of attorney, and guardianship.
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.
Beaumont-headquartered Texas firm whose estate group serves Jefferson, Orange, and Hardin counties from its home office. Principals Christopher D. Leavins and Gary W. Coker advise executors, trustees, and beneficiaries on settling estates and managing trusts, handle guardianships, and litigate will contests and trust disputes. Offices in five Texas cities.
Texas firm whose Trusts & Estates group works from six offices statewide, including Austin, for families, family offices, and closely held businesses. Handles probate, trust, and guardianship administration, fiduciary advice to executors and trustees, and trusts and estates litigation, alongside wealth transfer, business succession, and charitable planning.
Frisco firm established in 1994 serving Dallas, Collin, and Denton counties, including clients settling a Texas estate from out of state. Its seven lawyers counsel executors through estate administration and probate, prepare death tax and fiduciary income tax returns, and resolve estate and trust conflicts. Most partners are board certified in estate planning and probate law.
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
- Erath County Court at Law, official page
- Erath County Clerk, official page
- Erath 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
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