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.
Accepted payment
At the counterCash, Check, Money order, Credit card.The County Clerk takes Visa, Mastercard, cash, cashier's checks and money orders, made payable to McLennan County Clerk.
Self-help center
First floor of the Courthouse Annex building1-254-757-5000 · Monday-Friday 8:30 AM-4:30 PMThe McLennan County Law Library is open to attorneys and the public for legal research, with three Westlaw and Lexis terminals, a print collection of Texas legal resources, a copier and printers. It is reached from the courthouse's third-floor pedestrian bridge to the annex.
Mail
P.O. Box 1727
Waco, TX 76703
Fax
1-254-757-5146
Departments
County Judge (hearing settings)1-254-757-5166 · 501 Washington Avenue, Suite 215The probate and guardianship court coordinator keeps the County Judge's probate docket and sets hearings.
About the court
Probate cases are filed with the County Clerk's probate section and heard in the County Court, where the County Judge holds the probate and guardianship docket. The court's hearings are set by its coordinator at the County Judge's office.
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 McLennan County, probate runs through the County Court at 215 North 5th Street, Room 201, Waco.
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 McLennan County
What probate costs in McLennan 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 215 North 5th Street, Room 201, Waco.
Procedures at this court that affect cost: Probating a will with an independent executor, as a muniment of title, or opening an independent administration costs $435, and a dependent administration $437, which covers the $360 base fee, a $73 posting fee and the judge's fee.
The County Court 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 County Court
Probate cases in McLennan County, Texas are filed at the County Court.
Beside the filing office, the court lists a separate line for County Judge (hearing settings).
The McLennan County Law Library is open to attorneys and the public for legal research, with three Westlaw and Lexis terminals, a print collection of Texas legal resources, a copier and printers. It is reached from the courthouse's third-floor pedestrian bridge to the annex.
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.
Probate records go back to 1850. The probate section searches names at $5 each, by mail with a check or by phone when prepaid by card, and mail for the section is addressed to the County Clerk, Attention: Probate.
Filed with the opening petition at the County Court: 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 McLennan County
In Texas a death is registered locally, and in McLennan County certified copies of the death certificate are issued by County Clerk, McLennan County as well as by Texas Department of State Health Services - Vital Statistics Section.
The County Clerk holds deaths at any address outside the city limits of Waco but inside McLennan County. A death inside the city limits of Waco is held by the Waco-McLennan County Public Health District.
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 McLennan County are recorded with the County Clerk at 215 North 5th Street, Room 223, Waco, TX 76701. Phone: 1-254-757-5078. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 1727, Waco, TX 76703.
The County Clerk charges $15 for the first page plus $4 for each additional page.
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 McLennan 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.
Bell County probate practice in Killeen, where Jay R. Beatty personally handles each probate case from filing through closing — wills, intestate estates, contested estates, and muniment of title. Also builds revocable living trusts for clients who want property to pass outside probate. Hablamos espanol; serves Fort Cavazos families across Central Texas.
Waco firm on Austin Avenue serving McLennan County, including Lorena and the Baylor University area, and appearing in the McLennan County Courthouse. Its estate planning work covers wills, trusts, transfer-on-death deeds, directives to physicians, and guardianship designations for children and vulnerable adults.
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
Rockwall solo practice serving Rockwall, Dallas, Kaufman, and Collin counties, and Texas statewide since 1994. Michael Cramer drafts wills, revocable living trusts, and special needs trusts, handles trust administration, and litigates will and trust contests. Services are offered in English and Spanish, and the initial case evaluation is complimentary.
PracticesEstate PlanningTrust AdministrationProbateTrust Litigationand 3 more
Beaumont-headquartered Texas firm whose estate group serves Jefferson, Orange, and Hardin counties from its home office. Principals Christopher D. Leavins and Gary W. Coker advise executors, trustees, and beneficiaries on settling estates and managing trusts, handle guardianships, and litigate will contests and trust disputes. Offices in five Texas cities.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
Texas firm whose Trusts & Estates group works from six offices statewide, including Austin, for families, family offices, and closely held businesses. Handles probate, trust, and guardianship administration, fiduciary advice to executors and trustees, and trusts and estates litigation, alongside wealth transfer, business succession, and charitable planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 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.
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.
Enter the estate value to see Texas attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Texas lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
