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.
What to Do When Someone Dies in Smith County, Texas
How probate works in Smith County: the County Court at Law No. 3 record, what the process costs, and how to file there.
Probate Court Record
Smith County Court at Law No. 3
Smith County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
200 East Ferguson Street, Suite 300, Tyler, TX 75702
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.
Hearing schedule
- Uncontested probate and guardianship hearings on Monday afternoons; compliance and status dockets on posted Fridays; a monthly Zoom docket for applicants and witnesses who live outside the region.
Fax
1-903-590-4689
Departments
- County Court at Law No. 3 (case questions)1-903-590-4611The court's line for questions on probate and guardianship cases.
- County Court at Law No. 3 (hearings)200 East Ferguson Street, Suite 100, Smith County Courthouse AnnexUncontested probate and guardianship hearings are held in the courtroom on the first floor of the Courthouse Annex.
About the court
- The County Clerk's Probate Division, on the third floor of the Courthouse Annex, takes probate filings and keeps the case files for County Court at Law No. 3, which hears every probate and guardianship case in the county.
Verified October 16, 2026 · Source
How Probate Works in Smith 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 Smith County, probate runs through the County Court at Law No. 3 at 200 East Ferguson Street, Suite 300, 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. 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 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 East Ferguson Street, Suite 300, Tyler.
Procedures at this court that affect cost: The County Clerk's probate fee schedule sets the fee for probate of a will with letters testamentary, including one posted citation; The County Clerk keeps a will for safekeeping for a $5 fee; a will in safekeeping is not a public record.
The County Court at Law No. 3 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 at Law No. 3
Probate cases in Smith County, Texas are filed at the County Court at Law No. 3.
Beside the filing office, the court lists separate lines for County Court at Law No. 3 (case questions) and County Court at Law No. 3 (hearings).
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 Smith County Self-Filing Assessment.
Smith County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
Only contested matters and compliance cases are transcribed; a party who wants a court reporter at another hearing tells the Probate Administrator.
A Zoom setting is available only where the applicant or witnesses live outside the region, on the court's monthly Zoom docket.
SourceWhat to Bring
Filed with the opening petition at the County Court at Law No. 3: 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 Smith County
In Texas a death is registered locally, and in Smith County certified copies of the death certificate are issued by County Clerk, Smith County as well as by Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
County Clerk
Smith County · County Clerk
Phone
Office
200 East Ferguson Street, Suite 300, Tyler, TX 75702
Website
City registration districts
- Tyler · Vital Statistics, Northeast Texas Public Health District1-903-535-0031 · 815 North Broadway Avenue, Tyler, TX 75702 · Monday-Friday 8:00 AM-5:00 PM
Local rule
- The County Clerk is the local registrar for deaths outside the city limits of Tyler. Deaths inside the city are held by the Northeast Texas Public Health District.
Certified copy fees
| First certified copy | $21 |
| Each additional copy ordered at the same time | $4 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Justice of the Peace
Smith County · Justices of the Peace
Website
Serves this county
The justice of the peace of the precinct where the death occurred
Verified November 2, 2026 · Source
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 at 200 East Ferguson Street, Suite 300, Tyler, TX 75702. Phone: 1-903-590-4670.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Smith County accepts electronic recording through CSC, ePN, Avenu Insights and Simplifile.
Recording Office Record
County Clerk
Smith County
Phone
Office
200 East Ferguson Street, Suite 300, Tyler, TX 75702
Website
Fees
Recording fees
| Base fee (first page) | $25 |
| 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
Verified October 17, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Smith 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 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.
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.
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.
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.
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.
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.
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
- Smith County Court at Law No. 3, official page
- Smith County Clerk, official page
- Smith 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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