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Probate

Probate Overview

The County Clerk serves as Clerk of the Court for the County Court at Law. This court hears issues associated with the estates of deceased persons, guardianship for incapacitated persons, mental health commitments, and eminent domain cases. The Clerk's Probate Division issues citations, writs of execution, abstracts of judgment, letters of guardianship, letters testamentary, protective orders, notices and other documents as required by law or requested by customers.

**Effective June 1, 2018, all guardianships in the state of Texas must be registered with the Judicial Branch Certification Commission (JBCC)**

Fee Schedule
Probate of Will $271.00
 Muniment of Title $271.00
Guardianship $271.00
Administration $271.00
Heirship $271.00
Foreign Will $271.00
Small Estate $231.00
Adverse Action/Counterclaim $130.00
**price includes posting**

Letters Testamentary, Administration and Guardianship

Letters Testamentary are always original issuances from the Clerk; no copies are made. Only the executor, administrator, guardian or the attorney of record can receive Letters. Letters of Guardianship may be granted by the probate court after an application is filed and a guardian is qualified. Please consult with your attorney for more information.

 

Letters $2.00 (each) LGC § 118.061

File a Will

For a nominal fee, the Polk County Clerk's Office will hold an original copy of your will for safekeeping. You way want to discuss this with your attorney or refer to the Texas Estates Code, Chapter 252, for more information.

 

Safekeeping of Will $16.00

Court Scheduling

 

Contact County Court at Law at (936) 327 6856 

Registry of Court

Deposit Form

Annual Accounts
Guardianship-Person $10.00 LGC § 118.052,118.101,118.131
Guardianship-Person/Estate $65.00 LGC § 118.052,118.101,118.131
Estate-Annual Account $65.00 LGC § 118.052,118.101,118.131
Estate-Final Account $65.00 LGC § 118.052,118.101,118.131
Estate-Amended Final Account $65.00 LGC § 118.052,118.101,118.131
Estate-Final Report $65.00 LGC § 118.052,118.101,118.131

Miscellaneous Services
Late Filing of Inventory $25.00 LGC § 118.052, 118.101
(due 3 months after appointment)
Filing After Inventory approved $25.00 LGC § 118.052, 118.101
Judge's Signature $2.00 LGC § 118.101
Application for sale of Real Property (posting included)

$65.00

LGC § 118.052, 118.101,118.131
Jury Fee (3-4 weeks notice) $40.00 TGC § 54.604
Issue Citations $8.00 LGC § 118.056
Service by Certified Mail $90.00 LGC § 118.131
Sheriff's Service Fee $90.00 LGC § 118.131
Claims $17.00 LGC § 118.058
Probate Name Search Fee $5.00

Resources

https://texaslawhelp.org

http://texasprobate.com/

http://www.lonestarlegal.org/

https://www.txcourts.gov/jbcc/

http://www.9thcoa.courts.state.tx.us/

Inability to Afford Cost Form (English)
Inability to Afford Cost Form (Spanish)

 

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