Father-daughter practice on East Van Buren Avenue in Harlingen, serving Cameron, Hidalgo, Willacy, and Starr counties. Michael R. Ezell and Julie Ezell-Perez handle probate and estate and trust administration alongside wills, trusts, elder law, guardianship, and special needs planning. Over 50 years of combined experience; hablamos espanol.
What to Do When Someone Dies in Hidalgo County, Texas
How probate works in Hidalgo County: the Probate Courts No. 1 and No. 2 record, what the process costs, and how to file there.
Probate Court Record
Hidalgo County Probate Courts No. 1 and No. 2
Hidalgo County
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
100 North Closner, Edinburg, TX 78539
Website
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 AffidavitAffidavit of the distributees and two disinterested witnesses for the estate of a person who died without a will, filed in the Probate Court.
- Small Estate Affidavit InstructionsThe County Clerk's instructions for filing a small estate affidavit, with the filing cost.
P.O. Box 58
Edinburg, TX 78540
Fax
1-956-318-2105
Departments
- Probate Court No. 11-956-318-2385 · 100 North Closner, 3rd Floor · Monday-Friday 8:00 AM-5:00 PMThe statutory probate court hears wills, heirships, guardianships, mental health commitments and lawsuits related to an estate or a ward, and holds hearings in a virtual courtroom as well as in person.
- Probate Court No. 21-956-292-7631 · 100 North Closner, Room 3A-100
About the court
- Hidalgo County has two statutory probate courts. Probate cases are filed with the County Clerk's Probate Department at the courthouse, which serves as clerk for the probate courts.
Verified October 16, 2026 · Source
How Probate Works in Hidalgo 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 Hidalgo County, probate runs through the Probate Courts No. 1 and No. 2 at 100 North Closner, Edinburg.
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 Hidalgo County
What probate costs in Hidalgo 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 100 North Closner, Edinburg.
Procedures at this court that affect cost: The County Clerk's 2024 fee schedule charges $464 to probate a will with letters testamentary, $462 for a muniment of title and $362 for a small estate affidavit.
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 Hidalgo 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.
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 Hidalgo County Self-Filing Assessment.
What 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 Justice of the Peace in Hidalgo County
In Texas a death is registered locally, and in Hidalgo County certified copies of the death certificate are issued by Vitals Department, County Clerk, Hidalgo County as well as by Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
County Clerk
Hidalgo County · Vitals Department, County Clerk
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
100 North Closner, Edinburg, TX 78539
Website
P.O. Box 58
Edinburg, TX 78540
Local rule
- The County Clerk does not take death certificate requests by mail. Justices of the peace also issue death certificates for deaths outside city limits in their own precincts.
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
Justice of the Peace
Hidalgo County · Justices of the Peace
Website
Serves this county
The justice of the peace of the precinct where the death occurred
Verified November 1, 2026 · Source
Transferring Property in Hidalgo 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 Hidalgo County are recorded with the County Clerk at 100 North Closner, Edinburg, TX 78539. Phone: 1-956-318-2100. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 58, Edinburg, TX 78540.
The County Clerk charges $35 for the first page plus $4 for each additional page.
Recording Office Record
County Clerk
Hidalgo County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
100 North Closner, Edinburg, TX 78539
Website
P.O. Box 58
Edinburg, TX 78540
Recording fees
| Base fee (first page) | $35 |
| 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, § 118.0131; Hidalgo County Clerk 2024 fee schedule
Verified October 17, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Hidalgo 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 a Hidalgo 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.
Brownsville firm serving the Rio Grande Valley in probate, trust, and guardianship proceedings, including contested will and trust matters and challenges to an executor or trustee. Judith P. Lucio is board certified in estate planning and probate law and also prepares wills, revocable living trusts, and powers of attorney. Free consultation.
Harlingen firm on E. Jackson Street serving Cameron County and the Rio Grande Valley. Gene McCullough, licensed in Texas since 1995, handles wills, trusts, and probate alongside the firm's real estate work.
Rio Grande Valley firm in McAllen serving Hidalgo, Cameron, Starr, and Willacy counties, with a second office in Dallas. Sharon Almaguer has practiced for more than 35 years and handles probate of wills, guardianship proceedings, elder law, and special needs planning. Virtual and in-person consultations are available by appointment in Edinburg, Brownsville, Port Isabel, and Harlingen.
Serves the Rio Grande Valley from South Business Highway 281 in Edinburg, covering Hidalgo County and neighboring Cameron, Starr, and Willacy counties. Aurelio Garza takes families through settling an estate — distributing assets and carrying out the decedent's intentions — and drafts wills and trusts. Complimentary planning session.
McAllen firm serving Hidalgo County and the Rio Grande Valley, led by attorney-CPA Antonio Villeda with more than 40 years of practice. Guides families through probate after a death and handles business and probate litigation, wills, living trusts, powers of attorney, and asset protection. Fluent in Spanish.
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, § 118.0131; Hidalgo County Clerk 2024 fee schedule
- Hidalgo County Probate Courts No. 1 and No. 2, official page
- Hidalgo County Clerk, official page
- Hidalgo 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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