How Does Probate Work in Hays County, Texas?
When someone dies, the last thing you need is confusion about legal requirements. In Hays County, estate size determines the process—smaller estates under $75,000 can often avoid full probate. The County Court at Law No. 1 accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
Whether probate is necessary in Hays County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the County Court at Law No. 1 at 712 S Stagecoach Trail, Ste 2292, San Marcos.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the County Court at Law No. 1.
Estates valued under $75,000Tex. Est. Code § 205.001/205.006Verified May 1, 2026 may qualify for a simplified in Texas after waiting 30 daysTex. Est. Code § 205.001/205.006Verified May 1, 2026. Above that threshold, full probate through the County Court at Law No. 1 is typically required.
See what portion of this estate may require probate:
Opening probate at the County Court at Law No. 1 requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Texas allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.
Filing at the County Court at Law No. 1
County Court at Law No. 1 Hon. Jimmy Alan Hall and County Court at Law No. 2 Hon. Chris Johnson preside over probate matters at the County Court at Law No. 1. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM.
Attorneys must e-file in Hays County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Who Inherits Without a Will?
Because Texas follows community property rules, each spouse owns an equal share of assets acquired during the marriage. When one spouse dies, only their half passes through probate at the County Court at Law No. 1. The surviving spouse keeps their half automatically.
Check who would inherit this estate based on Texas' rules:
Texas provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The County Court at Law No. 1 can approve a family allowance of up to $45,000Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)Verified May 1, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Texas has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Texas recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Tex. Est. Code § 205.001/205.006
- Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)
Data sourced from Texas statutes and official state code. How we research.
Frequently Asked Questions
The County Court at Law No. 1 for Hays County is located in San Marcos, Texas. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Texas typically closes in 4–6 months. Average estates run 6–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Hays County tracks the state range unless the docket is unusually backed up.
No. Texas allows estates under $75,000 to use a small estate affidavit and skip formal probate. The waiting period is 30 days after death. Use the Texas probate decision tool to see if the estate qualifies.
When there is no will, Texas' intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Hays County probate court applies the state rules without variation. See who inherits in Texas for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Hays County probate docket. Create a revocable trust online to avoid putting your family through this process later.
County Court at Law No. 1
Hays County
712 S Stagecoach Trail, Ste 2292
San Marcos, TX 78666
Phone:
512-393-7625Fax:
512-393-7633
Email:
ccal@hayscountytx.govHours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
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