What to Do When Someone Dies in Hidalgo County, Texas
Probate in Hidalgo County runs through the Statutory Probate 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 Hidalgo County, settling their estate runs through the Statutory Probate 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
Statutory Probate Court probates wills, declares heirs, establishes guardianships, and supervises involuntary mental health commitments. Virtual probate courtroom (app.zconnect.io/r/G6SOEM) and Administrative Orders/Probate resources published on county site.
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 Statutory Probate Court at 100 N. Closner, 3rd Floor, 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. 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 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 Statutory Probate Court at 100 N. Closner, 3rd Floor, Edinburg.
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 Statutory Probate 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 Statutory Probate Court
If you're handling probate yourself in Hidalgo County, Texas, you can file at the Statutory Probate 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 Hidalgo 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 Statutory Probate Court is realistic.
To file at the Statutory Probate 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 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 in Edinburg, TX 78539.
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 Hidalgo 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 Hidalgo County firm to quote a structure up front.
A probate attorney files the petition with the Statutory Probate 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.
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.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 8 more
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.
PracticesEstate PlanningProbateTrust LitigationGuardianshipand 2 more
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.
PracticesEstate PlanningEstate AdministrationProbateReal Estateand 2 more
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.
PracticesEstate PlanningProbateElder LawGuardianshipand 3 more
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.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 5 more
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.
PracticesEstate PlanningProbateProbate LitigationTax Planningand 5 more
Office
6316 North 10th Street, Building BMcAllen, TX 78504
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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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Hidalgo County Guides
Step-by-step tools for families in Hidalgo County, Texas.
