How Do I File Probate in Hays County, Texas?
A step-by-step guide to filing at the County Court at Law No. 1—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Hays County, Texas, you can file at the County Court at Law No. 1 in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
Your Filing Options
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 Hays 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.
View E-Filing InformationPaper Filing Required For
- •Original wills (must be filed in person within 3 days)
Can You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the County Court at Law No. 1 is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full Hays County Self-Filing Assessment.
In-Person Filing
The County Court at Law No. 1 is located at 712 S Stagecoach Trail, Ste 2292, San Marcos, TX 78666. Phone: 512-393-7625. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
What to Bring
To file at the County Court at Law No. 1 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.
Court Resources
Additional resources, forms, and fee schedules are available on the County Court at Law No. 1 website.
Frequently Asked Questions
You open probate by filing a petition with the County Court at Law No. 1 in Hays County, attaching the original will (if any), the death certificate, and the filing fee ($360). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Hays County uses the standard Texas probate forms — the court's website lists the current versions.
Texas permits self-representation, but formal probate procedures make it impractical for most families. The County Court at Law No. 1 staff can accept filings but cannot give legal advice. Check the Texas self-filing assessment before deciding.
Yes. The County Court at Law No. 1 in Hays County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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