What to Do When Someone Dies in Smith County, Texas
Probate in Smith County runs through the County Court at Law No. 3: 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 Smith County, settling their estate runs through the County Court at Law No. 3. 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
Accepted paymentOnline payment option available for probate filings through the County Clerk.
County Court at Law No. 3 handles all probate and guardianship matters. County Clerk: 903-590-4670. Court address: 100 N. Broadway, Room 303, Tyler, TX 75702. Court phone: 903-590-1690. Court fax: 903-590-1696. Probate Division (Clerk) at 200 E. Ferguson St. Only contested matters and compliance cases are court-reporter transcribed. Forms available at Laserfiche portal.
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 Smith County, probate runs through the County Court at Law No. 3 at 200 E. Ferguson St, Suite 100, Tyler.
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 Smith County
What probate costs in Smith 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 Law No. 3 at 200 E. Ferguson St, Suite 100, Tyler.
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 County Court at Law No. 3 (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 County Court at Law No. 3
If you're handling probate yourself in Smith County, Texas, you can file at the County Court at Law No. 3 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 Smith 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 County Court at Law No. 3 is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
Uncontested hearings on Mondays at Courthouse Annex; compliance hearings Tuesdays and select Fridays
Only contested matters and compliance cases are transcribed. Zoom options available for applicants/witnesses outside the region. Court forms available at Laserfiche portal.
Online payment option available for probate filings through the County Clerk.
Hearing schedule
Uncontested probate/guardianship hearings on Mondays (1st floor, Courthouse Annex at 200 E. Ferguson St). Compliance hearings on Tuesdays and select Fridays. Some Zoom options available for applicants/witnesses outside the region.
What to Bring
To file at the County Court at Law No. 3 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 Smith 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 Smith County are recorded with the County Clerk in Tyler, TX 75702.
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 Smith 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 Smith County firm to quote a structure up front.
A probate attorney files the petition with the County Court at Law No. 3, 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.
East Texas estate and probate firm in Tyler serving Smith, Gregg, Henderson, and surrounding counties. Partners Richard Lottmann, Gregory Kimmel, and Staton Lottmann represent executors and administrators from muniment of title through multi-state estates, handle guardianships and supplemental needs trusts, and bill probate hourly rather than as a percentage of the estate.
Longview firm serving Gregg County and the surrounding East Texas counties in probate and estate administration, Medicaid applications and estate recovery, guardianships, and special needs planning. Kristen J. Ishihara is board certified in estate planning and probate law; associate Christopher A. Parker is a member of the National Association of Elder Law Attorneys.
PracticesEstate PlanningProbateElder LawGuardianshipand 4 more
Elder law and estate planning firm with offices in Texarkana, Tyler, and Paris, Texas plus Magnolia and Hot Springs, Arkansas. Guides executors and administrators through estate settlement, will probate, and probate litigation over executor misconduct and inheritance disputes, and handles guardianship, Medicaid planning, asset protection, and special needs trusts.
PracticesEstate PlanningProbateProbate LitigationElder Lawand 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.
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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Smith County Guides
Step-by-step tools for families in Smith County, Texas.
