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Bastrop County, TX Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Two courts, concurrently. Bastrop County has no statutory probate court, and it has one statutory county court: "Bastrop County has one statutory county court, the County Court at Law of Bastrop County" (Government Code § 25.0131). Because there is a county court at law exercising original probate jurisdiction and no statutory probate court, that court and the Bastrop County Court have concurrent original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(b)), the county court at law's probate jurisdiction coming from Government Code § 25.0003(d). The county's probate page and the County Judge's page publish the same office and phone number for probate, and the County Court at Law publishes its own probate submission docket. The County Judge is Gregory Klaus and the judge of the County Court at Law is Benton Eskew (verified August 2026) |
| Which court hears your case | The county publishes the split, and it follows the statute. Its own prove-up instruction sheet states: "County Court only hears uncontested matters. If your matter is contested, please file in County Court at Law." The county's heirship setting request form makes the applicant's attorney certify that the case "does not involve any issues that would require it to be heard in County Court at Law", listing expert or DNA evidence, any contest or answer that could be read as a contest, and an equitable rather than a formal adoption. That practice matches Estates Code § 32.004, under which a contested matter can be transferred to the county court at law |
| Filing office | The Bastrop County Clerk, who is the clerk of the county court (Texas Constitution article V, § 20) and, in probate, of the county court at law as well: "the county clerk serves as clerk of the court in all other cases" than family law matters (Government Code § 25.0132(e)). The clerk's own page lists "Clerk of the Probate Court" as one of the office's divisions. The County Clerk is Krista Bartsch (verified August 2026). The Bastrop County District Clerk serves the district courts and the county court at law's family law docket, and does not open estates |
| Filing counter | Bastrop County Clerk, 803 Pine Street, Bastrop, TX 78602. This is not the courthouse: the County Judge's probate court, the County Court at Law and the district courts are at the Bastrop County Courthouse, 804 Pecan Street, Bastrop, TX 78602, a separate address. Take filings, and the original will, to 803 Pine Street |
| Mailing address | Bastrop County Clerk, P.O. Box 577, Bastrop, TX 78602, published on the clerk's page and on the clerk's Probate Fee Schedule. Call before mailing an original will |
| Phone | (512) 332-7234 for the Bastrop County Clerk, the number the clerk publishes on its own page, with an Austin metro line of (512) 581-7134 on the clerk's Probate Fee Schedule and in the clerk's e-filing hints. The county's probate court and the County Judge's office are at (512) 332-7201, and the County Court at Law is at (512) 581-4277. The number in most directories, (512) 581-7100, is the courthouse main line and does not reach the probate counter |
| Fax | (512) 332-7241 for the County Clerk. The county's probate court publishes (512) 581-7103 and the County Court at Law publishes (512) 332-7291; those are the courts' numbers, not the filing counter's |
| Office hours | Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.m. to 4:00 p.m., per the County Clerk's own page (verified August 2026). The clerk publishes no lunch closure, but the County Judge's office, which is where the county's probate court sits, states that it is "closed for lunch daily from 12pm-1pm", so call before making a midday trip for a court signature |
| Filing fee | $360.00 to open any probate case, which is the statewide statutory base fee: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), amounts enacted by S.B. 41 (Acts 2021, 87th Legislature) effective January 1, 2022 and since amended. The Bastrop County Clerk's own Probate Fee Schedule, headed "Effective January 1, 2024", prints $360.00 for every application type, including letters testamentary, muniment of title (Estates Code chapter 257), administration, determination of heirship and a small estate, and $120.00 for "Any Action Filed after Original Application has been Filed". Service items are extra and are itemized in the fees section below |
| Local forms | Yes, and one of them is required. Texas has no comprehensive statewide set of probate procedure forms, but Bastrop County publishes a fillable Small Estate Affidavit with an order, a seven-page Small Estate Affidavit Checklist, an uncontested docket heirship setting request form, a written court policy on applicants without a lawyer, and a sheet on submitting prove-up paperwork. The checklist makes the affidavit form mandatory: "Use the most recent Small Estate Affidavit (SEA) form on the Bastrop County Probate Court's website." The application to probate a will, the proof of death and other facts, the order, the oath and the inventory are still drafted documents, not county forms |
| E-filing | Mandatory for attorneys, with a published county date. The clerk's own E-File FAQ states: "E-filing is mandatory as of July 1st, 2015 for Bastrop County Courts", and its e-filing hints add "All filings are required to be e-filed if you are represented by an Attorney." Filing goes through eFileTexas.gov and you may use any certified electronic filing service provider. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and Bastrop says the same in its own words: the clerk's FAQ states that "Pro-se litigants, who are not attorneys, may still mail or walk in their paperwork", and the court's prove-up sheet tells a self-represented muniment of title applicant: "If you are probating a Will as a muniment of title and do not have an attorney, you are not required to e-file. When the instructions here say to e-file a document, you may mail or hand deliver the document to the County Clerk." The clerk also requires a Civil Case Information Sheet as an additional lead document on every new case |
| Case search | Yes, the county runs its own. Bastrop County Case Records Search, the portal the clerk links as "Search Public Records" and the County Court at Law links as "Search Bastrop County Court Records", offers a "Civil, Family & Probate Case Records" search with a "Probate and Mental Health" case category, searchable by case number, party or attorney and by filing date. It publishes no coverage dates and carries its own warning: "Bastrop County makes no warranty as to the accuracy, reliability, or completeness of the information." E-filed documents may also appear in the statewide re:SearchTX portal, which requires free registration, charges for documents and provides only unofficial copies |
| Remote appearance | Only one published exception, and it is a good one. The County Court at Law's Probate Submission Docket sheet states that submission dockets are on most Thursday mornings and that "Neither parties nor counsel need to be present", for uncontested matters set by submission. Nothing is published about telephone or video appearances for a prove-up hearing in the county court, so ask the court coordinator when you request a setting |
| Website | https://www.bastropcounty.gov/page/co.county_clerk (the Bastrop County Clerk, with the fee schedules, e-filing documents and the self-help notice), https://www.bastropcounty.gov/page/court.probate (the county's probate court page, with the pro se policy, the heirship setting form, the prove-up instructions and the small estate affidavit forms) and https://www.bastropcounty.gov/page/court.countycourtatlaw (the County Court at Law, with the probate submission docket sheet) |
Before you begin — know the assets and liabilities
Before you file anything in Bastrop, know what is actually in the estate and what it owes. Which Texas route fits, and whether an administration is needed at all, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and are the same in all 254 Texas counties; they are explained on the Texas state page. Getting the answer first matters more than usual in Bastrop County, because the county has published a court policy stating that individuals applying for letters testamentary, letters of administration, determinations of heirship and guardianships must be represented by a licensed attorney, and because the two routes it leaves open to a person without a lawyer, a muniment of title (Estates Code chapter 257) and a small estate affidavit (§ 205.001), each carry strict conditions that the county checks before approval.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Bastrop County or out-of-county real property, along with every debt, before you apply. How each asset is titled decides whether it passes through the estate at all: survivorship accounts, accounts with a named beneficiary and land covered by a recorded transfer on death deed pass outside the estate and never reach either Bastrop court. Real property matters especially here, because the county's small estate affidavit checklist warns that "the Court will always check the real property records before approving an SEA". Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Bastrop County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
Bastrop County has one probate filing counter and one courthouse, at two different addresses. Applications, wills and later filings go to the Bastrop County Clerk at 803 Pine Street in Bastrop; the County Judge's probate court, the County Court at Law and the district courts sit at the Bastrop County Courthouse at 804 Pecan Street. There is no branch or annex counter for estates anywhere else in the county, and the same clerk serves the whole county, including Bastrop, Elgin, Smithville and Cedar Creek, which are the seats of the county's justice of the peace precincts, and the rural areas between them.
Venue is straightforward for a Central Texas resident: you file in the county where the decedent lived, if the decedent had a domicile or fixed place of residence in Texas (Estates Code § 33.001(a)(1)). If the person lived in Bastrop County, the case belongs in Bastrop County even if they died in a hospital in Austin or Round Rock. For a decedent with no Texas domicile or fixed residence, venue depends on where the death happened and where the estate or the nearest of kin are (§ 33.001(a)(2)). The county applies the same rule to its own small estate affidavit form, which asks the affiants to state the county of residence and adds that if it was not Bastrop County "the affidavit must include facts supporting venue in Bastrop County".
Two Bastrop courts can hear a probate case, and naming the right one is the fact most often gotten wrong. Government Code § 25.0131 provides that "Bastrop County has one statutory county court, the County Court at Law of Bastrop County", and Chapter 25 creates no statutory probate court in Bastrop County. So under Estates Code § 32.002(b) the County Court at Law of Bastrop County and the Bastrop County Court, the constitutional county court presided over by the elected County Judge, have concurrent original jurisdiction of probate proceedings, the county court at law's grant coming from Government Code § 25.0003(d). Neither court displaces the other. The county brands its probate operation "Bastrop County Probate Court", and its small estate affidavit form is captioned "In Probate Court of Bastrop County, Texas", but that is the county's own label for the county judge's probate work rather than a separate court created by statute.
In practice Bastrop County has published how it allocates the work, which is rare and worth following. The county's prove-up instruction sheet says: "County Court only hears uncontested matters. If your matter is contested, please file in County Court at Law." Its heirship setting request form goes further and makes the applicant's attorney certify, before a county court heirship hearing can be set, that the case "does not involve any issues that would require it to be heard in County Court at Law", specifically that no expert or DNA evidence is needed, that no contest or answer that could be construed as a contest has been filed, and that any adoption in the family history is a formal rather than an equitable one. The County Court at Law, for its part, publishes a probate submission docket for uncontested matters, so an uncontested estate can be handled in either court depending on where it was filed.
If a matter in the proceeding becomes contested, the mechanism is a transfer, and it is worth knowing before you choose a court. Under Estates Code § 32.004(a), in a county with a county court at law exercising original probate jurisdiction and no statutory probate court, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law, and the same subsection lets the judge of the county court transfer the entire proceeding. The county court at law may then hear the proceeding as if it had been filed there originally, and where only the contested matter was transferred, the matter returns to the county court once it is resolved (§ 32.004(b)). The contested matter stays inside Bastrop County: it does not leave for a district court and it does not need an out-of-county judge. The four district courts seated in the county, the 21st, 335th, 423rd and 465th, do not open estates.
The jurisdiction process
- Confirm the route, and confirm whether you need a lawyer in Bastrop County. Collect the original signed will if there is one, a certified copy of the death certificate, the names and addresses of the people who inherit, and a list of assets and debts with values. A person named in a will to settle the estate is an executor; a person appointed by the court where there is no will, or where no named executor qualifies, is an administrator; the Texas Estates Code's umbrella term for either is personal representative. Bastrop County's written court policy, dated August 1, 2021, states that "individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney", and leaves two routes open to a filer without one: a muniment of title where the applicant is the sole beneficiary and there are no debts other than those secured by liens against real estate (Estates Code chapter 257), and a small estate affidavit filed by all of the heirs together (§ 205.001).
- Choose the court and name it in the caption. Both the County Court at Law of Bastrop County and the Bastrop County Court can take the case (§ 32.002(b)). The county's own instruction is that the county court hears uncontested matters and that anything contested should be filed in the County Court at Law. If you expect a fight, filing in the county court at law from the start saves a transfer under § 32.004.
- Draft the papers. Texas has no comprehensive statewide set of probate procedure forms, so the application, the proof of death and other facts, the proposed order, the oath and the inventory are drafted documents. Bastrop County does publish forms for two things, and one is mandatory: its fillable Small Estate Affidavit with order, which the county's checklist requires applicants to use, and its uncontested docket heirship setting request form.
- E-file the application through eFileTexas.gov. Attorneys must e-file in Bastrop County: the clerk's own FAQ says "E-filing is mandatory as of July 1st, 2015 for Bastrop County Courts", and you may use any certified electronic filing service provider. The clerk requires a Civil Case Information Sheet as an additional lead document with every new case, and says that "All pleadings that require a file stamp should be the LEAD DOCUMENT." Watch the will and death certificate: the clerk's e-filing hints say to attach them to the application rather than file them as lead documents, while the court's prove-up sheet asks for the death certificate as a separate document and recommends filing a pdf of the will as a separate document too. Ask the County Clerk at (512) 332-7234 which the office wants before you submit. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and a self-represented muniment of title applicant is told in writing that they may mail or hand deliver documents to the County Clerk instead.
- Deliver the original will to the County Clerk within three business days. This is statewide and there is no electronic substitute: when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)). Bastrop County repeats it twice in its own documents, and adds a local requirement: where you are probating a copy of a will, the court "requires by Administrative Order that the actual copy of the Will being offered for probate (or filed and not offered for probate) must be physically filed in the Clerk's office within three business days after the application is electronically filed." Take or send the wet-ink original to the Bastrop County Clerk, 803 Pine Street, Bastrop, TX 78602, not to the courthouse on Pecan Street.
- Pay the filing fee and ask for the services you need. The County Clerk's Probate Fee Schedule, effective January 1, 2024, charges $360.00 to open any probate case, which is the statewide statutory base ($223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1)). Service items are separate and the schedule says so in terms: "Filer is responsible for requesting necessary additional services and paying appropriate fees, including citation, posting, personal service, orders/decrees, bond fees, etc. ... These fees are no longer included in the initial filing fee." Each citation is $8.00, sheriff posting is $50.00, personal service in Bastrop County is $75.00, each proposed order signed by the judge is $2.00 and each oath administered is $2.00. A filer who cannot afford the cost files a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145, which the clerk publishes on its own page.
- Have the citation issued and posted, and wait out the posting period. The clerk issues citation on an application to probate a will or for letters and the sheriff posts it, which is what the $8.00 citation fee and the $50.00 posting fee pay for. The clerk asks you to say what you want: "Please provide a cover letter with your petition detailing your instructions for service." Nothing is heard until the posting period has run, and the County Court at Law's own sheet is blunt about it: "You must set your hearing for submission on a date after your posting notice has expired."
- Request the setting from the right coordinator. Bastrop County does not run a self-scheduling portal. For a county court prove-up or heirship, email the probate court coordinator, and for an heirship submit the county's uncontested docket heirship setting request form, which will not produce a setting until every box on it is checked or marked not applicable. The form warns that "no hearing has been set until the Court contacts you with a confirmed date and time", so do not tell witnesses a date before then. For an uncontested matter in the County Court at Law, email that court's coordinator for a Thursday morning submission date.
- Get the proposed documents in early. This is the Bastrop habit that most affects your timing: "It is the Court's policy to review, before the hearing, documents for probate prove-up hearings", and the county asks you to "e file all proposed hearing documents to the Court at least one week before the hearing", with the cause number and estate name in the subject line of the covering email. For letters testamentary the minimum list is the proof of death and other facts, the order and the oath, each with its exact title; for a muniment of title the proof of death and other facts should include testimony about there being no debts, and the county asks you not to use a separate oath of no debts.
- Attend the hearing, or do not, depending on the court. A county court prove-up or heirship is heard in person at the courthouse at 804 Pecan Street, and for an heirship the applicant's witnesses testify. An uncontested matter set on the County Court at Law's probate submission docket needs no appearance at all: "Submission dockets are on most Thursday mornings. Neither parties nor counsel need to be present."
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Each set is $2.00 (Local Government Code § 118.061), so order enough for every bank, transfer agent and title company the estate has to deal with. On the submission docket the sequence is published: after the judge has signed the proposed order and the County Clerk has filed it, typically by Thursday afternoon, you then file the sworn oath and request the letters, and "Your Oath must be dated for the same day of the Order or later."
- Administer the estate and file what the statute requires. The steps that follow, including notice to beneficiaries after an order admitting a will (§ 308.002), the published notice to creditors within one month of receiving letters (§ 308.051), notice to secured creditors within two months (§ 308.053), and the inventory, which must be filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (§ 309.051(a)), are set by state statute and apply the same way in every Texas county. File them with the Bastrop County Clerk, and note the county charges $25.00 for an inventory filed more than 90 days after appointment. Where the estate is being run as an independent administration, the court's involvement after the appointment order and the inventory is deliberately minimal (Estates Code chapters 401 to 405).
Forms and documents
Probate forms in Bastrop County
Bastrop County publishes more probate paperwork than most Texas counties of its size, and one of its forms is mandatory. Texas as a whole has no comprehensive set of probate procedure forms: the Texas Judicial Branch forms page carries only will forms, a transfer on death deed kit and civil forms in this area, and the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1) (Estates Code chapters 205 and 257). Bastrop has filled part of that gap itself.
The county's small estate affidavit form is required, not optional. Its checklist instructs applicants to "Use the most recent Small Estate Affidavit (SEA) form on the Bastrop County Probate Court's website", and lists "not using the required form" first among the most common mistakes. The form is fillable, includes the order for the judge to sign, and is footed "Form updated for 9/1/2017"; the checklist is dated September 1, 2019 and runs to seven pages, including charts on who inherits when there is no will. Read the checklist before filling anything in, and note that it quotes a "$321 filing fee" that is now out of date: the county's own Probate Fee Schedule effective January 1, 2024 prices a small estate at $360.00, the same as every other probate application.
For everything else, the documents Bastrop publishes are instructions rather than forms. There is no county application to probate a will, no county order, no county oath and no county inventory form, so those are drafted by you or your attorney. What the county does publish, and what a filer here should read first, is the sheet on submitting prove-up paperwork, the written policy on filers without a lawyer, and the County Court at Law's probate submission docket sheet. The one genuinely statewide procedural form a Bastrop County filer may need is the Statement of Inability to Afford Payment of Court Costs, required by Texas Rule of Civil Procedure 145, which the County Clerk publishes on its own page.
| Resource | What it provides |
|---|---|
| Small Estate Affidavit, fillable, with order (bastropcounty.gov) | The county's required small estate affidavit form, footed "Form updated for 9/1/2017". It tracks the statutory conditions, including that more than 30 days have elapsed since death, that the decedent died without a will, that assets excluding homestead and exempt property are $75,000.00 or less and exceed known liabilities (Estates Code § 205.001), and it asks for facts supporting venue if the decedent did not live in Bastrop County |
| Small Estate Affidavit Checklist (bastropcounty.gov) | Seven pages, updated September 1, 2019: when a small estate affidavit cannot be approved, the most common mistakes, a detailed checklist and charts on descent and distribution. It also states two Bastrop-specific limits, that an affidavit cannot be approved if any heir is a minor and that the court always checks the real property records first |
| Court Policy Regarding Pro Se Applicants (bastropcounty.gov) | The county's written policy, dated August 1, 2021: applicants for letters testamentary, letters of administration, determinations of heirship and guardianships must be represented by a licensed attorney, with a question-and-answer section and carve-outs for a sole-beneficiary muniment of title and a small estate affidavit filed by all the heirs |
| Submitting Paperwork for Will Prove-ups and Heirships (bastropcounty.gov) | Updated October 3, 2024. The county's step-by-step sheet: what to file with the application, the three-business-day original will rule and the administrative order on copies of wills, what must be on file before an heirship hearing can be set, and the one-week deadline for proposed hearing documents. It also carries the county's e-filing carve-out for a self-represented muniment of title applicant |
| Uncontested docket heirship setting request form (bastropcounty.gov) | Revision date September 8, 2025. The form that must be completed before an heirship hearing is set, with a checklist covering citation and waivers, the Estates Code § 202.057 affidavit or certificate, both publisher's affidavits, consents where independent administration without bond is sought (Estates Code § 401.003), the attorney ad litem's report, and a certification that nothing in the case requires the County Court at Law |
| Probate Submission Docket, County Court at Law (bastropcounty.gov) | The County Court at Law's own sheet: submission dockets on most Thursday mornings with no appearance required, uncontested matters only, set only after the posting notice has expired, what to e-file before the setting, and the order in which the signed order, the oath and the letters follow |
| Probate Fee Schedule (bastropcounty.gov) | The County Clerk's dollar-itemized schedule, headed "Effective January 1, 2024": $360.00 for every probate application, $120.00 for a later action, and a printed list of citation, posting, service, order, oath, bond, letters, account, inventory and copy charges |
| Texas Judicial Branch court forms (txcourts.gov) | The statewide forms that do exist, including the Statement of Inability to Afford Payment of Court Costs required by Texas Rule of Civil Procedure 145 and the Supreme Court of Texas will forms. There is no statewide application, order, oath or inventory form |
Fees
Bastrop County is one of the better-documented Texas counties on cost. The County Clerk publishes a Probate Fee Schedule with a printed effective date, January 1, 2024, which prices every probate application at the statutory base of $360.00 and then itemizes the service charges separately. The schedule is explicit that those service charges are no longer bundled: "Filer is responsible for requesting necessary additional services and paying appropriate fees, including citation, posting, personal service, orders/decrees, bond fees, etc. Contact County Clerk with questions. These fees are no longer included in the initial filing fee." An older sheet on the same page, the clerk's e-filing hints, still says that posting and publication fees are included in the filing fee; the dated schedule is the newer document and the one to work from. Confirm your total with the County Clerk at (512) 332-7234 before you file.
| Item | Amount | Authority or source |
|---|---|---|
| Opening any probate case | $360.00 | The statewide statutory base fee, identical in every Texas county: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), amounts enacted by S.B. 41 (Acts 2021, 87th Legislature) effective January 1, 2022 and since amended. Bastrop County's Probate Fee Schedule, effective January 1, 2024, prints the same $360.00 for letters testamentary, muniment of title, administrator, administration with will annexed, administrator and heirship, heirship only, foreign will, safe deposit box, small estate, show cause to produce a will and declaratory judgment |
| Any action filed after the original application | $120.00 | Bastrop County's Probate Fee Schedule, matching the statutory figure for an action other than the original application: $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2), which covers an adverse probate action or contest. The county applies the same $120.00 to converting a temporary administration or guardianship to a permanent one |
| Citation issued | $8.00 | Bastrop County's Probate Fee Schedule, matching the statutory issuing-document fee the county clerk must collect (Local Government Code § 118.059). The schedule notes that service is extra |
| Sheriff posting of citation | $50.00 | Bastrop County's Probate Fee Schedule. Sheriff and constable service and posting fees are set by the commissioners court, which may not set them higher than is necessary to pay the expenses of providing the service (Local Government Code § 118.131) |
| Personal service in Bastrop County, or service by certified mail | $75.00 each | Bastrop County's Probate Fee Schedule, which adds that personal service by a qualified delivery method costs the exact cost of the service |
| Proposed order signed by the judge, and each oath administered | $2.00 each | Bastrop County's Probate Fee Schedule. Easy to forget: a routine will probate needs at least one order and one oath, so budget for both |
| Letters Testamentary or Letters of Administration | $2.00 each | Bastrop County's Probate Fee Schedule, matching the statutory per-document fee the county clerk collects (Local Government Code § 118.061). Order enough sets for every institution the estate deals with |
| Approving and recording a bond | $5.00 | Bastrop County's Probate Fee Schedule, matching the statutory clerk fee (Local Government Code § 118.052) |
| Inventory filed more than 90 days after appointment | $25.00 | Bastrop County's Probate Fee Schedule, matching the statutory late inventory fee (Local Government Code § 118.056(d)). The statutory deadline is stricter than the fee heading suggests: the inventory is due before the 91st day after the personal representative qualifies (Estates Code § 309.051(a)) |
| Annual or final account of an estate | $25.00 each | Bastrop County's Probate Fee Schedule. An application for sale of property is also $25.00 and a claim against the estate is $10.00 |
| Certified copies, and plain copies | $1.00 per page plus $5.00 to certify | Bastrop County's Probate Fee Schedule; plain copies are $1.00 per page and authenticated or exemplified copies are $1.00 per page plus $7.00. The clerk's e-filing FAQ adds that certified copies have to be mailed for the certification to be valid |
| Depositing a will for safekeeping | $5.00 | Bastrop County's Probate Fee Schedule, matching the statutory fee for deposit and safekeeping of a will (Local Government Code § 118.062; Estates Code § 252.001) |
| Electronic filing charges | Set by the vendor, not by Bastrop County | Filing through eFileTexas.gov carries the electronic filing service provider's own charge and any card surcharge, on top of the court costs above. Bastrop County publishes no county electronic filing fee of its own |
| If you cannot afford the fee | No cost | File a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145, which the Bastrop County Clerk publishes on its own page. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)) |
What that adds up to in practice. A straightforward will probate with one citation posted by the sheriff, one signed order and one oath comes to $422.00 on the county's own figures, being $360.00 plus $8.00 plus $50.00 plus $2.00 plus $2.00, before letters at $2.00 a set. That arithmetic is ours, not the county's: Bastrop publishes the line items but no packaged total, so ask the clerk to price your specific filing. Two cautions. The $360.00 base is fixed by statute and is the same in all 254 Texas counties, so a figure materially above it is either a total that includes service items or is out of date, and any figure you see below it, such as the "$321 filing fee" in the county's 2019 small estate affidavit checklist, predates the current statutory amounts.
Timeline
- Posting first. Nothing gets heard until the citation has been posted and the posting period has expired. The County Court at Law's own sheet states the rule for its docket: "You must set your hearing for submission on a date after your posting notice has expired." Bastrop County publishes no filing-to-hearing interval, so ask the coordinator what the next available date looks like rather than assuming one.
- For an heirship, clear the setting checklist before you ask for a date. The county's uncontested docket heirship setting request form must be completed in full, and it warns that "No heirship hearing will be set until all boxes have been checked or marked as not applicable". The boxes cover service on or waivers from all non-applicant heirs, the Estates Code § 202.057 affidavit or certificate, both publisher's affidavits for citation by publication, consents where independent administration without bond is sought (Estates Code § 401.003), and the attorney ad litem being ready to proceed.
- Expect the court to confirm the date, not you. The setting form states that if the court decides the case is ready it will contact you with available dates and times, and that "no hearing has been set until the Court contacts you with a confirmed date and time; please don't give witnesses an expected hearing date until after you've heard from the Court."
- One week before a county court prove-up, the proposed documents are due. The county asks you to "e file all proposed hearing documents to the Court at least one week before the hearing", with the cause number and estate name in the subject line of the covering email, because "It is the Court's policy to review, before the hearing, documents for probate prove-up hearings". For letters testamentary that means at least the proof of death and other facts, the order and the oath, each with its exact title.
- In the County Court at Law, uncontested probate matters ride a Thursday submission docket. Its sheet states: "Submission dockets are on most Thursday mornings. Neither parties nor counsel need to be present. Please email the coordinator for available dates." Setting a case there is a representation that there are no known contested issues.
- Before that Thursday, e-file the proof of death, any other sworn testimony and the proposed order to the case, and check that the attorney ad litem's report is on file if one was appointed.
- After the hearing or the submission, the order comes first and the letters follow. On the submission docket the county publishes the sequence: once the judge has signed the proposed order and the County Clerk's office has filed it, typically by Thursday afternoon, you may then file your sworn oath and request your letters, and "Your Oath must be dated for the same day of the Order or later."
- Then the statutory clock runs, and it is the same in every Texas county: notice to beneficiaries within 60 days of the order admitting a will (Estates Code § 308.002), published notice to creditors within one month of receiving letters (§ 308.051), notice to secured creditors within two months (§ 308.053), and the inventory before the 91st day after the personal representative qualifies (§ 309.051(a)), which Bastrop charges $25.00 to file late.
Local nuance
Bastrop County-specific considerations
You may well need a lawyer here, and the county says so in writing. Bastrop County's "Court Policy Regarding Pro Se Applicants", dated August 1, 2021, states that a self-represented filer "may not represent others" and that, because only a licensed attorney may represent the interests of third parties including probate estates, "individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney." The policy answers the obvious objection directly: you do not have to be a lawyer to serve as executor, but "the executor, administrator, or guardian must be represented by a lawyer", because an executor represents the interests of beneficiaries and creditors. Two routes are expressly left open to a filer without counsel: probating a will as a muniment of title where the applicant is the sole beneficiary and there are no debts other than those secured by liens against real estate (Estates Code chapter 257), and a small estate affidavit filed by all of the heirs working together (§ 205.001). Even there the county cautions that whether a muniment of title is the right procedure "is a legal decision best made by a lawyer" and that court staff cannot advise you.
There are extra conditions on a pro se muniment of title. The county's policy states that in a self-represented application "all beneficiaries under the Will must be applicants, and all beneficiaries must testify at the hearing", and that each applicant must be able to swear on personal knowledge that there are no debts against the estate other than those secured by liens against real estate, which the county spells out as including credit card balances, doctors' bills, utility bills and Medicaid estate recovery claims. It also warns that additional documents are needed if the will is not the original, if the will is not self-proved, or if you are probating it more than four years after the death (Estates Code § 256.003), and it points to Texas Rule of Civil Procedure 57 for the name, address, phone number, email address and fax number each applicant must put in the application.
Uncontested work goes to the county court, contested work to the county court at law. The county's prove-up sheet states plainly that "County Court only hears uncontested matters. If your matter is contested, please file in County Court at Law", and its heirship setting form makes the applicant's attorney certify that nothing in the case requires the county court at law, including expert or DNA evidence, a filed contest or answer that could be construed as a contest, and an equitable adoption. Both courts have concurrent original probate jurisdiction (Estates Code § 32.002(b)), so this is local practice rather than a jurisdictional limit, and a contested matter can be transferred to the county court at law under § 32.004.
The lead-document rules will get your envelope rejected if you ignore them, and the county's two documents do not fully agree. The County Clerk's "Helpful Hints for E-File" require a Civil Case Information Sheet as an additional lead document on every new case, say that "All pleadings that require a file stamp should be the LEAD DOCUMENT", allow multiple lead documents in one envelope, and instruct that on a probate the will and the death certificate "need to be attached to the application DO NOT file them as lead documents". The court's own prove-up sheet, which is newer, asks you to e-file the death certificate "as a separate document" and recommends filing a pdf of the will with the application as a separate document. The clerk's e-filing FAQ adds that a filing will be returned for correction "if you file something as an attachment that should be a lead document". Call the clerk at (512) 332-7234 and ask which the office wants for your filing.
The court reads your paperwork before the hearing, which is a real advantage if you use it. "It is the Court's policy to review, before the hearing, documents for probate prove-up hearings, not only for uncontested-docket hearings, but also for most regular-docket probate prove-ups", and the county explains why: reviewing in advance means hearings go more smoothly for people who are already dealing with the stress of a death, and attorneys avoid having errors pointed out in front of their clients. Send the proposed documents a week ahead and errors get fixed on paper rather than at the bench.
Two addresses, and the wrong one costs you a day. The Bastrop County Clerk takes filings at 803 Pine Street. The County Judge's probate court, the County Court at Law and the district courts are at the Bastrop County Courthouse, 804 Pecan Street. The original will goes to the clerk on Pine Street, not to the courthouse, and the courthouse main line, (512) 581-7100, does not reach the probate counter.
The County Court at Law's local rules are not a probate rule set. The county publishes "Local Rules Bastrop County Court at Law", filed April 9, 2025, which by their own terms govern the setting and trial of civil and criminal cases. The published document is a scanned image without searchable text, so nothing is quoted from it here beyond that. The probate-specific instructions are in the county's probate documents: the prove-up sheet, the heirship setting form, the pro se policy and the County Court at Law's probate submission docket sheet.
Small-estate Alternatives
The small estate affidavit route is statewide, but Bastrop County has published more conditions on it than almost any other Texas county, and they are the reason affidavits get denied here. The county requires its own form: "Use the most recent Small Estate Affidavit (SEA) form on the Bastrop County Probate Court's website", and its checklist lists "not using the required form" as the first of the common mistakes. Two limits are local and appear nowhere in the statute: an affidavit "can't be approved in Bastrop County if any of the heirs are minors (under the age of 18)", and "the Court will always check the real property records before approving an SEA". The county also requires a death certificate to be filed with the affidavit.
The statutory conditions still apply and the county's checklist restates them bluntly: the route is for a decedent who died without a will, the estate assets excluding homestead and exempt property must be $75,000 or less and must exceed the known liabilities, 30 days must have passed since the death, and real property can pass only where it was the decedent's homestead and everyone inheriting an interest in it was homesteading with the decedent at the date of death (Estates Code § 205.001; § 205.006). The checklist is candid that this is hard: it warns that "many SEAs are denied for problems that can't be fixed, and the applicants lose their filing fees", and that although "Heirs may fill out an SEA without the assistance of an attorney", an attorney's advice may prevent a denial where the route would have worked if the affidavit had been prepared correctly. Filing a small estate affidavit costs the same $360.00 as any other probate application under the county's schedule effective January 1, 2024; the "$321 filing fee" printed in the 2019 checklist is out of date.
Recent updates
| Change | What it means in Bastrop County |
|---|---|
| Probate Fee Schedule effective January 1, 2024 | The County Clerk's schedule prices every probate application at $360.00, the statutory base ($223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1)), and unbundles the services: "These fees are no longer included in the initial filing fee." Ask for and pay for each citation, posting, service, order, oath and bond you need. The clerk's older e-filing hints sheet, which still says posting and publication are included in the filing fee, has not caught up |
| Prove-up paperwork instructions updated October 3, 2024 | The county's sheet on submitting paperwork for will prove-ups and heirships sets the one-week deadline for proposed hearing documents, the administrative-order requirement to file a copy of a will within three business days, and the statement that the county court hears only uncontested matters while contested matters go to the County Court at Law |
| Heirship setting request form revised September 8, 2025 | The current uncontested docket heirship setting request form must be completed in full before an heirship hearing is set, and requires the applicant's attorney to certify service, the Estates Code § 202.057 affidavit or certificate, both publication affidavits, any consents for independent administration without bond, the ad litem's readiness, and that nothing in the case requires the County Court at Law |
| County Court at Law local rules filed April 9, 2025 | The court's current local rules govern the setting and trial of civil and criminal cases rather than probate practice. The published file is a scanned image without searchable text, so read it at the court or ask the court administrator if you need a specific rule |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Bastrop County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Bastrop-area home was held with a right of survivorship or passed under a recorded transfer on death deed, it goes to the survivor outside the estate and neither Bastrop court is involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies for letters testamentary, and Bastrop County's written policy means that application needs a licensed attorney. The application is e-filed through eFileTexas.gov with a Civil Case Information Sheet as an additional lead document, the wet-ink original will follows to the County Clerk at 803 Pine Street within three business days (Texas Rule of Civil Procedure 21(f)(12)), citation is issued and posted, and the proposed proof of death, order and oath are e-filed a week before the prove-up. Budget $360.00 for the filing (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus the county's $8.00 citation, $50.00 posting, $2.00 order and $2.00 oath. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Bastrop County filing, drafted to the county's lead-document and prove-up requirements. A vetted attorney referral, which Bastrop's own court policy makes necessary for a letters testamentary application. |
| Out-of-state adult child, small estate | A good deal of this can be done from a distance. Attorneys must e-file in Bastrop County, mandatory since July 1, 2015 by the clerk's own FAQ, and an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); Bastrop goes further and tells a self-represented muniment of title applicant that they may mail or hand deliver documents to the County Clerk instead. Whether a court filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. Two things still tie the case to Bastrop: the original will must reach the County Clerk at 803 Pine Street within three business days of the application, and a prove-up in the county court is heard in person at 804 Pecan Street, although an uncontested matter in the County Court at Law can go on its Thursday submission docket with no appearance by anyone. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time, including the clerk's Civil Case Information Sheet. Attorney referral, which matters here because Bastrop requires counsel for letters and for an heirship. |
| Parent settling a predeceased child's estate, home must be sold | Selling real property means someone needs the authority document, so this goes through an administration, and if the child left no will an heirship determination usually comes first. Bastrop requires a licensed attorney for both, and an heirship will not be set until the county's uncontested docket heirship setting request form is complete: service on or waivers from all non-applicant heirs, the Estates Code § 202.057 affidavit or certificate, both publisher's affidavits, consents from the heirs if independent administration without bond is sought (§ 401.003), and the attorney ad litem ready to proceed. The court appoints the personal representative and grants Letters of Administration (§ 306.002), or Letters Testamentary if there is a will (§ 306.001), at $2.00 a set (Local Government Code § 118.061), and the title company will want a recent set. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)). | Asset discovery for the child's accounts, insurance and real property, including the deed records the court will check. Packet generation for the heirship and administration filings and the inventory. Attorney referral, which is required for these applications in Bastrop County and matters more still if the heirs disagree, because a contested matter can be transferred to the County Court at Law (Estates Code § 32.004). |
Self-help resources
| Resource | What it offers |
|---|---|
| Bastrop County Clerk (bastropcounty.gov), (512) 332-7234 | The filing office for estates in Bastrop County: the 803 Pine Street counter, the P.O. Box 577 mailing address, the Monday through Thursday 8:00 a.m. to 5:00 p.m. and Friday 8:00 a.m. to 4:00 p.m. hours, the fax number, the probate and general fee schedules, the e-filing hints and FAQ, the Statement of Inability to Afford Payment of Court Costs and the county's legal self-help notice. Clerk staff can explain procedure and what the counter needs, but the county's own notice states that "the County Clerk's Office cannot offer legal advice" |
| Bastrop County probate court page (bastropcounty.gov), (512) 332-7201 | The county's probate page, which is where its probate documents live: the pro se policy, the prove-up paperwork sheet, the uncontested docket heirship setting request form and the required small estate affidavit form and checklist. The court coordinator named on the page, Nydia Saldivar (verified August 2026), is the contact for setting a county court hearing |
| Bastrop County Court at Law (bastropcounty.gov), (512) 581-4277 | The other court with original probate jurisdiction, and the one to use for a contested matter. Its page publishes the Probate Submission Docket sheet, its local rules and a sample notice of hearing form, and names its court coordinator, Lauren Ott, and court administrator, Rebecca Dawson (verified August 2026) |
| Bastrop County Case Records Search (records.co.bastrop.tx.us) | The county's own case portal, run on Tyler Technologies software, with a "Civil, Family & Probate Case Records" search and a "Probate and Mental Health" case category, searchable by case number, party, attorney or filing date. It publishes no coverage dates and states that the county "makes no warranty as to the accuracy, reliability, or completeness of the information" |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Bastrop County probate application is filed, and the clerk confirms you may choose your own certified provider |
| re:SearchTX (research.txcourts.gov) | The statewide court records portal, run by the Office of Court Administration with Tyler Technologies. Free registration is required, documents are charged for, and the portal states that it provides an unofficial copy and that the clerk of the court is the official custodian. Coverage is set county by county, so confirm anything important with the Bastrop County Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. Bastrop County's own legal self-help notice sends readers to the library. The library's caveat is that it cannot tell you what the law means for your situation |
| TexasCourtHelp.gov | General information and videos about making your way through the Texas court system, published by the Office of Court Administration |
| TexasLawHelp.org, wills, estate planning and probate (texaslawhelp.org) | Plain-language Texas probate articles and self-help toolkits from the Texas Legal Services Center, a non-profit. Bastrop County's legal self-help notice lists it. Useful for orientation; it is not a court site and its materials are not court-approved forms |
| Texas RioGrande Legal Aid (trla.org), (956) 996-8752 or toll free (833) 329-8752 | Free civil legal help for eligible low-income residents. TRLA names Bastrop in its own 68-county service list, and the county's legal self-help notice publishes a local TRLA number, (512) 374-2700. TRLA's nearest office is in Austin at 4920 North I-35 and its phone lines are open weekdays 9:00 a.m. to 5:00 p.m. Central. Confirm it can take a decedent's estate matter before relying on it |
| State Bar of Texas Lawyer Referral and Information Service (texasbar.com), (800) 252-9690 | Referrals to Texas attorneys, Monday through Friday 8:30 a.m. to 4:30 p.m. Central, Spanish spoken. The initial consultation is capped at $20 for 30 minutes. Bastrop County's legal self-help notice publishes the same number. It is a referral service, not a reduced-fee or pro bono program |
| Texas law libraries directory (guides.sll.texas.gov) | The Texas State Law Library's curated directory of law libraries. It lists no law library in Bastrop County; the nearest listed are the Travis County Lora Livingston Law Library, 1700 Guadalupe, 2nd Floor, Austin, (512) 854-8677, and the Texas State Law Library itself, 205 West 14th Street, Austin. The directory is curated rather than exhaustive, so contact a library directly about public access |
| Texas Estates Code (statutes.capitol.texas.gov) | The statute itself, including the court structure provisions in chapter 32, venue in chapter 33, heirship in chapter 202, small estate affidavits in chapter 205, muniment of title in chapter 257, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309 |
When to hire an attorney
Bastrop County is one of the Texas counties where the question of whether to hire a lawyer has largely been answered for you. The county's written "Court Policy Regarding Pro Se Applicants", dated August 1, 2021, states that individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney, on the ground that an executor, administrator or guardian represents the interests of others and only a licensed attorney may do that. The county leaves two routes open to a filer without counsel, a muniment of title where the applicant is the sole beneficiary and there are no debts other than those secured by liens against real estate (Estates Code chapter 257) and a small estate affidavit filed by all the heirs together (§ 205.001), and it cautions even there that whether either route is right is a legal decision best made by a lawyer. Beyond the policy, counsel earns its keep when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when real property has to be sold or divided, when the estate is insolvent or a creditor is pressing, or when a business or out-of-state property is involved. The local mechanics reward experience too: the county's heirship setting form has to be certified complete by the applicant's attorney before a hearing is set, and if a matter becomes contested it can be transferred from the county court to the County Court at Law (Estates Code § 32.004). County Clerk staff can explain procedure but, as the county's own notice says, cannot offer legal advice. Sunset can connect families to a vetted Texas probate attorney serving Bastrop County and the surrounding Central Texas counties.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Bastrop County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed with the County Clerk.
Generate the probate packet. Sunset assembles the paperwork for your route, drafted to Bastrop County's own requirements, including the Civil Case Information Sheet the clerk wants as an additional lead document and the proposed prove-up documents the court expects a week before the hearing.
Find a local probate attorney. Bastrop County requires a licensed attorney for letters testamentary, letters of administration, heirship determinations and guardianships, so this step is not optional for most estates. Sunset connects families to a vetted Texas probate attorney serving Bastrop County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Bastrop County?
With the Bastrop County Clerk at 803 Pine Street, Bastrop, TX 78602, or by mail to P.O. Box 577, Bastrop, TX 78602. Note that the clerk is not in the courthouse: hearings are at the Bastrop County Courthouse, 804 Pecan Street. Two courts can hear the case, because Bastrop County has one statutory county court, the County Court at Law of Bastrop County (Government Code § 25.0131), and no statutory probate court, so that court and the Bastrop County Court have concurrent original probate jurisdiction (Estates Code § 32.002(b)). File in Bastrop County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Which Bastrop County court should I file my probate case in?
The county publishes its own answer. Its prove-up instruction sheet says: "County Court only hears uncontested matters. If your matter is contested, please file in County Court at Law." Both courts have concurrent original probate jurisdiction under Estates Code § 32.002(b), so this is local practice, not a jurisdictional limit, and a contested matter can be transferred from the county court to the county court at law under § 32.004. If you expect a dispute, an expert or DNA evidence, or a question about an equitable adoption, the county court at law is the right starting point, and the county's heirship setting form makes an attorney certify that none of those is present before a county court heirship hearing is set.
Do I need a lawyer to probate a will in Bastrop County?
For most routes, yes. The county's written court policy, dated August 1, 2021, states that "individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney", because a personal representative acts for beneficiaries and creditors rather than only for themselves. You can still serve as executor without being a lawyer; the policy is that the executor must be represented by one. Two routes remain open to a filer without counsel: probating a will as a muniment of title where you are the sole beneficiary and there are no debts other than those secured by liens against real estate (Estates Code chapter 257), and a small estate affidavit filed by all the heirs together (§ 205.001).
Is e-filing required for probate in Bastrop County?
For attorneys, yes. The County Clerk's E-File FAQ states that "E-filing is mandatory as of July 1st, 2015 for Bastrop County Courts", and the clerk's e-filing hints add that "All filings are required to be e-filed if you are represented by an Attorney." Filing goes through eFileTexas.gov and you may choose any certified electronic filing service provider. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and Bastrop says so in its own words twice: the clerk's FAQ states that "Pro-se litigants, who are not attorneys, may still mail or walk in their paperwork", and the court's prove-up sheet tells a self-represented muniment of title applicant that "you are not required to e-file" and may mail or hand deliver documents to the County Clerk. Remember the clerk's local requirement of a Civil Case Information Sheet as an additional lead document on every new case.
What do I do with the original will in Bastrop County?
You get the wet-ink original to the County Clerk at 803 Pine Street within three business days of e-filing the application. The statewide rule is that when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)), and Bastrop repeats it in both its clerk and court documents. There is a local addition: if you are probating a copy of a will, the court requires by administrative order that the copy being offered for probate also be physically filed with the clerk within three business days. There is no electronic way to satisfy this.
How do I get a probate hearing set in Bastrop County, and do I have to appear?
You ask, the court confirms, and whether you appear depends on the court. An uncontested matter in the County Court at Law rides a submission docket: "Submission dockets are on most Thursday mornings" and "Neither parties nor counsel need to be present", provided the posting notice has expired and the proof of death and proposed order are e-filed before that Thursday; email that court's coordinator for available dates. A prove-up or heirship in the county court is heard in person at 804 Pecan Street, and for an heirship the witnesses testify. For a county court heirship you must first submit the county's uncontested docket heirship setting request form, and "No heirship hearing will be set until all boxes have been checked or marked as not applicable": service on or waivers from all non-applicant heirs, the Estates Code § 202.057 affidavit or certificate, both publisher's affidavits for citation by publication, consents from the heirs where independent administration without bond is sought (§ 401.003), and an attorney ad litem ready to proceed. The form warns that no hearing is set until the court contacts you with a confirmed date, so do not give witnesses a date before that. Bastrop County publishes no filing-to-hearing interval and nothing about telephone or video appearances for a county court prove-up, so ask the coordinator when you request a setting.
How much does it cost to file probate in Bastrop County?
$360.00 to open any probate case. That is the statewide statutory base fee and it is the same in every Texas county: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), amounts enacted by S.B. 41 in 2021 and effective January 1, 2022. The Bastrop County Clerk's Probate Fee Schedule, effective January 1, 2024, prints the same $360.00 for every application type and adds the services separately, because "These fees are no longer included in the initial filing fee": $8.00 per citation, $50.00 for sheriff posting, $75.00 for personal service in the county, $2.00 for each order signed, $2.00 for each oath and $2.00 for each set of letters. A later action after the original application is $120.00. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
How do I look up a Bastrop County probate case online?
Bastrop County runs its own portal, Bastrop County Case Records Search, which the County Clerk links as "Search Public Records" and the County Court at Law links as "Search Bastrop County Court Records". Choose "Civil, Family & Probate Case Records" and you can search by case number, party name, attorney or filing date, with "Probate and Mental Health" as a case category. The portal publishes no coverage dates and carries its own warning that the county "makes no warranty as to the accuracy, reliability, or completeness of the information". Documents e-filed in a Bastrop probate case may also be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents and supplies only unofficial copies. For a definitive answer, or for a file that predates the portal, ask the Bastrop County Clerk at (512) 332-7234.
What happens if someone contests the will in Bastrop County?
The case moves to the other Bastrop court rather than out of the county. Under Estates Code § 32.004(a), in a county with a county court at law exercising original probate jurisdiction and no statutory probate court, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party, transfer the contested matter to the county court at law, and the same subsection allows the judge to transfer the entire proceeding. The county court at law hears it as if it had been filed there originally, and if only the contested matter was moved it comes back to the county court once resolved (§ 32.004(b)). Bastrop County anticipates it in its own instructions: "County Court only hears uncontested matters. If your matter is contested, please file in County Court at Law." The four district courts seated in the county, the 21st, 335th, 423rd and 465th, do not open estates.
Do I have to travel to Bastrop to settle an estate here?
Less than you might think, but not never. Applications are e-filed through eFileTexas.gov, the county's case portal is online, and an uncontested matter set on the County Court at Law's Thursday submission docket needs no appearance by anyone. Two things are physical: the original will has to reach the County Clerk at 803 Pine Street within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)), and a prove-up or heirship hearing in the county court is held in person at the courthouse at 804 Pecan Street. The clerk's counter is open Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.m. to 4:00 p.m.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.