What to Do When Someone Dies in Fayette County, Texas
Probate in Fayette County runs through the County Court: 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 Fayette County, settling their estate runs through the County Court. 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.
Paper filing availableE-filing required for attorneysSelf-filing allowed
Constitutional County Court handles probate matters. County Clerk office located north of courthouse. Mail: PO Box 59, La Grange, TX 78945. Fax: 979-968-8531. E-filing accepted for all civil, probate, and guardianship matters since October 2014. Online payments available through Certified Payments portal.
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 Fayette County, probate runs through the County Court at 246 W. Colorado St, La Grange.
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 Fayette County
What probate costs in Fayette 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 246 W. Colorado St, La Grange.
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 County Court (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 County Court
If you're handling probate yourself in Fayette County, Texas, you can file at the County Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
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 Fayette 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 County Court is realistic.
To file at the County Court 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 Fayette 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 Fayette County are recorded with the County Clerk in La Grange, TX 78945.
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 Fayette 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 Fayette 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.
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.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more
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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more
Office
17721 Rogers Ranch Parkway, Suite 130San Antonio, TX 78258
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.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 6 more
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).
PracticesEstate PlanningProbateElder LawGuardianshipand 5 more
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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 3 more
Fort Worth estate and tax specialty firm of more than 30 attorneys, with offices in Dallas and Austin, founded by Marvin Blum in 1980. Represents executors and trustees in probate court matters, trust funding, asset disclaimers, contested probate, and estate tax return preparation, and litigates fiduciary disputes on both sides.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 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.
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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.
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Fayette County Guides
Step-by-step tools for families in Fayette County, Texas.
