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Colorado County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Colorado County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Colorado County has no statutory probate court and no county court at law, the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). The county names the presiding judge on both its County Court and County Judge pages as the Honorable Ty Prause (verified July 2026), and the citations the clerk posts in probate matters are styled to the County Court of Colorado County, Texas |
| Filing office | The Colorado County Clerk, who is the clerk of the county court (Texas Constitution article V, § 20). Estates, wills and guardianships are filed with the County Clerk, and the County Court says so itself: "all pleadings and court papers must be filed through the Colorado County Clerk's Office." The Colorado County District Clerk serves the 25th and 2nd 25th Judicial District Courts and does not open estates |
| Courthouse | Two buildings, both on Spring Street in Columbus. Filings go to the Colorado County Courthouse Annex, 318 Spring Street, Room 103, Columbus, TX 78934 (the clerk's own fee schedule and its posted citations write the same room as Suite 103). The Colorado County Court sits in the Colorado County Courthouse at 400 Spring Street, Room 107, which is where hearings are held and where the County Judge and the Court Coordinator are |
| Mailing address | None published for the County Clerk, so anything mailed to the clerk goes to 318 Spring Street, Room 103, Columbus, TX 78934. Do not mail filings to P.O. Box 236: that is the Courthouse box for the County Judge and the County Court, and the Court does not accept filings. Call before mailing an original will |
| Phone | (979) 732-2155 for the Colorado County Clerk, the number the clerk publishes on its own page; the clerk's fee schedule adds a second line, 979-732-6561. For hearing settings and resets, the County Court publishes the Court Coordinator at (979) 732-2604 |
| Fax | (979) 732-8852 for the County Clerk. The County Court's separate fax is (979) 732-9389 |
| [email protected], the departmental mailbox the clerk publishes on its own page | |
| Office hours | Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., per the County Clerk's own page (verified July 2026). The counter closes for an hour at noon, and the 5:00 p.m. close is later than the 4:30 p.m. most Texas county clerks keep, so an afternoon filing trip is realistic here |
| Filing fee | $360.00 to open a probate or guardianship case, published by the county on its own dated schedule, "COUNTY CLERK FEES, COLORADO COUNTY, TEXAS", Rev 01-01-2024, as "Probate/Guardianship $360". That is exactly the statewide statutory base: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), amounts that took effect January 1, 2022 under S.B. 41, 87th Legislature. The same county schedule prices an action within an existing case at $120.00. On top, the clerk collects the statutory $8.00 fee for issuing a citation (§ 118.052(3)(A)) and the county's sheriff or constable charges $30.00 to post it |
| Local forms | None for probate. Texas has no comprehensive statewide set of probate procedure forms, and Colorado County publishes no probate application, no order, no oath, no cover sheet and no small estate affidavit template. The clerk's printable-forms list is vital statistics, assumed names, marriage and brand forms plus the statewide Statement of Inability to Afford Payment of Court Costs. What the county does publish for probate is procedural: its County Court rules, its dated fee schedules, and the posted docket and citations |
| E-filing | Mandatory for attorneys, with an express written carve-out for people filing without one. The clerk's own page states: "Colorado County Clerk's Office is MANDATORY e-filing for all Civil/Probate cases, except for those not represented by an attorney, beginning January 1, 2016." That matches the statewide rule, under which unrepresented parties may e-file but are not required to (Texas Rule of Civil Procedure 21(f)(1)), and it is more explicit than most Texas counties manage. Attorneys file through eFileTexas.gov. When the application is filed electronically, the original will must reach the clerk within three business days (Rule 21(f)(12)) |
| Case search | No county probate search. Colorado County routes three ways in its own words: criminal records to a Tyler Odyssey portal, "Civil and Probate Court Records" to the statewide re:SearchTX portal, and "Search and Records Request" to a Records Public Access site that indexes the clerk's RECORDED documents, not court cases. re:SearchTX requires free registration, charges for documents ($1.00 for a document of 1 to 10 pages and $0.10 per page after that, per its own FAQ), and states that it provides an unofficial copy and that the clerk of the court is the official custodian of the records. Coverage is set county by county and Colorado County's is not published, so ask the County Clerk for a definitive answer. Separately, the county posts current probate citations and the upcoming probate and guardianship docket as PDFs on its Public Notices page |
| Remote appearance | Nothing published. Colorado County publishes no telephone or video appearance rule for probate, and the County Court's published rules point the other way for motions: "An oral hearing is required on all motions ... and will not be considered by submission without prior leave of court." Ask the Court Coordinator at (979) 732-2604 before assuming you can appear from a distance |
| Website | https://www.co.colorado.tx.us/page/colorado.County.Clerk (the Colorado County Clerk, with the e-filing statement and the fee schedule) and https://www.co.colorado.tx.us/page/colorado.County.Court (the County Court, with the judge, the Court Coordinator and the court's own rules). The upcoming probate and guardianship docket and the posted citations are at https://www.co.colorado.tx.us/page/colorado.PublicNotices |
Before you begin — know the assets and liabilities
Before you file anything in Columbus, know what is actually in the estate and what it owes. Which Texas route fits, and whether a court filing 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 work the same way in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before your first filing matters here because the Colorado County Court does not sit on probate every week: the county's own court calendar shows the probate and guardianship docket called every few weeks, so a rejected or mis-routed filing can cost you a full docket cycle rather than a few days.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Colorado 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 the county court. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Colorado County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
Columbus is the single probate filing location for the whole county, and it takes two addresses to describe it. The Colorado County Clerk takes filings in Room 103 of the Colorado County Courthouse Annex at 318 Spring Street, and the Colorado County Court sits in Room 107 of the Colorado County Courthouse at 400 Spring Street, a short walk away. There is no branch or satellite counter for estates. The court serves every part of the county, including Columbus, Weimar, Eagle Lake, Garwood and Cat Spring and the rural areas between them. The County Court is explicit that the two roles do not overlap: "all pleadings and court papers must be filed through the Colorado County Clerk's Office."
Venue is straightforward for a Colorado County 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 Colorado County, the case belongs in the Colorado County Court, even if they died in a hospital in Houston, Victoria or San Antonio. 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)).
Which court hears the case is the fact most often gotten wrong on a small Texas county, and Colorado County is a clean example of the commonest type. Government Code Chapter 25, the statute that creates statutory county courts and statutory probate courts, contains no Colorado County entry at all, so there is no statutory probate court and no county court at law here, and the Colorado County Court has original jurisdiction of probate proceedings (Estates Code § 32.002(a)). The elected County Judge presides. The other trial courts seated in the county are the 25th and 2nd 25th Judicial District Courts and four Justice of the Peace precincts, and none of them opens estates.
If a matter in the proceeding becomes contested, the case does not necessarily stay with the County Judge. Under Estates Code § 32.003(a), in a county with no statutory probate court and no county court at law exercising original probate jurisdiction, 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, either request the assignment of a statutory probate court judge to hear the contested matter (Government Code § 25.0022) or transfer the contested matter to the district court, which may then hear it as if originally filed there. Three details matter in practice. A party's motion for assignment of a statutory probate court judge beats a transfer: if it is filed before the county judge transfers the matter, the county judge shall grant it and may not transfer the case unless the motion is withdrawn (§ 32.003(b)). A party may file that motion before anything becomes contested, and it takes effect if the matter later does (§ 32.003(c)). And the county court keeps the rest of the case: if only the contested matter is assigned out or transferred, the county court continues to exercise jurisdiction over the management of the estate until the contested matter is finally disposed of (§ 32.003(g)), and the matter returns to the county court when it is resolved. In Colorado County the district court in that role is the 25th or the 2nd 25th Judicial District Court.
The jurisdiction process
- Confirm the route and gather the documents. 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.
- Draft the papers yourself or with an attorney. Texas has no comprehensive statewide set of probate procedure forms and Colorado County publishes none of its own, so the application, the proof of death and other facts, the proposed order, the oath and the inventory are drafted documents, not fill-in forms. Style the case to the County Court of Colorado County, Texas, which is how the clerk styles the citations it posts.
- File with the Colorado County Clerk, not with the court. The County Court's own page states that "all pleadings and court papers must be filed through the Colorado County Clerk's Office", and the clerk's counter is Room 103 of the Courthouse Annex at 318 Spring Street, Columbus. Attorneys must file electronically: "Colorado County Clerk's Office is MANDATORY e-filing for all Civil/Probate cases, except for those not represented by an attorney, beginning January 1, 2016." Electronic filing goes through eFileTexas.gov. If you are not represented by an attorney, Colorado County's own statement carves you out of the mandate, which matches the statewide rule that unrepresented parties may e-file but are not required to (Texas Rule of Civil Procedure 21(f)(1)); you may still e-file if you prefer, and calling the clerk at (979) 732-2155 first is the safest way to confirm what the counter wants.
- Get 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)). Colorado County's own posted citations reference the same rule, describing the will as accompanying the application or pending delivery under Rule 21(f)(12). Take or send the wet-ink original to the County Clerk, 318 Spring Street, Room 103, Columbus, TX 78934.
- Pay the filing fee. Colorado County's own schedule prices Probate/Guardianship at $360.00, which is the statewide statutory base: $223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1). Expect the statutory $8.00 issuing-document fee for the citation (§ 118.052(3)(A)) and the county's $30.00 sheriff or constable posting charge on top. 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 Colorado County Clerk publishes on its own forms list.
- Let the citation be issued and posted. The county clerk delivers the citation to the sheriff or a constable, who posts it at the door of the county courthouse or the place near it where public notices are customarily posted (Estates Code § 51.053(a)). It must stay posted for at least 10 days before the return day, excluding the day of posting (§ 51.053(b)). Colorado County posts these citations on its own Public Notices page as well, under Probate / Guardianship, so you can see that yours has gone up. Nothing is heard until the posting period has run.
- Wait for the docket setting. The Colorado County Court does not hear probate every week. The county's online court calendar carries a Probate/Guardianship category and shows the docket normally called on a Tuesday at 1:30 p.m. every few weeks, and the county posts the upcoming probate and guardianship docket as a PDF on the same Public Notices page. All requests for settings go to the Court Coordinator, per the County Court's published rules, at (979) 732-2604.
- Attend the hearing at the Courthouse, not the Annex. Hearings are before the Colorado County Court in the Colorado County Courthouse at 400 Spring Street. The court publishes General Rules of Decorum and Courtroom Conduct that apply to everyone present, including a dress code (no shorts, capri pants, mini skirts or tank tops, no T-shirts with racial, ethnic or sexual phrases, and men must remove hats or ball caps before entering the courtroom) and a ban on food, drink, gum and disruptive phone use. The court also requires an oral hearing on all motions, so do not expect anything to be decided on paper without leave of court.
- 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). The County Clerk issues them at $2.00 each (Local Government Code § 118.061), so order enough sets for every bank, transfer agent and title company the estate has to deal with.
- 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 Colorado County Clerk. 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 Colorado County
Colorado County publishes no local probate forms. There is no county application to probate a will, no county order, no county oath, no county cover sheet and no county small estate affidavit template. The clerk does keep a printable-forms list, but it is vital statistics, assumed name, marriage, mark and brand and occupational driver's license material, plus the one statewide procedural form a probate filer may actually need: the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, required by Texas Rule of Civil Procedure 145.
Texas as a whole has no comprehensive set of probate procedure forms either. 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), even though the Legislature directed it to in 2015 (Estates Code chapters 205 and 257). In practice this means the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Colorado County estate are drafted documents.
What Colorado County publishes instead of forms is procedure, and there is more of it than most counties this size produce. The County Court posts its General Rules of Decorum and Courtroom Conduct, its requirement that all settings go through the Court Coordinator and its rule that motions require an oral hearing. The County Clerk posts a dated fee schedule. The Commissioners Court posts a dated sheriff and constable fee schedule that prices the citation posting. And the Public Notices page carries live probate citations and the upcoming probate and guardianship docket, which together show you exactly what a Colorado County estate filing looks like in practice.
| Resource | What it provides |
|---|---|
| Colorado County Court page (co.colorado.tx.us) | The court's own page: the presiding County Judge, the Court Coordinator and phone number for settings, the statement that the Court does not take filings, the requirement that all requests for settings go to the Court Coordinator, and the rule that an oral hearing is required on all motions |
| General Rules of Decorum and Courtroom Conduct (co.colorado.tx.us) | The County Court's written courtroom rules, dated April 28, 2015: the dress code, the ban on food, drink, gum and phone noise, and the expectation that participants are in the courtroom before the scheduled time |
| Colorado County public notices, probate and guardianship (co.colorado.tx.us) | Where the county posts current probate citations, guardianship administrative orders and the upcoming probate and guardianship docket as PDFs. The most useful page on the county site for seeing how a local estate case actually proceeds |
| Colorado County Clerk fee schedule, Rev 01-01-2024 (co.colorado.tx.us) | The county's dated fee schedule: Probate/Guardianship $360.00, action within an existing case $120.00, certified copies $5.00 plus $1.00 per page, will for safekeeping $15.00 |
| Statement of Inability to Afford Payment of Court Costs (co.colorado.tx.us) | The statewide fee-waiver form required by Texas Rule of Civil Procedure 145, published on the Colorado County Clerk's own forms list |
| Texas Judicial Branch court forms (txcourts.gov) | The statewide forms that do exist, including the Supreme Court of Texas will forms and the Statement of Inability. There is no statewide application, order, oath or inventory form for probate |
Fees
Colorado County publishes a dated fee schedule, which is more than most Texas counties this size do, and it lines up exactly with the statutory base. "COUNTY CLERK FEES, COLORADO COUNTY, TEXAS", marked Rev 01-01-2024, prices Probate/Guardianship at $360.00 and an action within an existing case at $120.00. The county's other probate-relevant charge is set by the Commissioners Court rather than the clerk: its "Notice of Fees Charged by the Sheriff and Constables of Colorado County, Texas", adopted July 28, 2025 under Local Government Code § 118.131 and effective January 1, 2026 to December 31, 2026, prices posting a citation at $30.00 and personal service of a citation at $95.00. A probate citation is posted at the courthouse door rather than served personally (Estates Code § 51.053(a)), so $30.00 is the figure that normally applies.
| Item | Amount | Authority or source |
|---|---|---|
| Opening a probate or guardianship case | $360.00 | Colorado County Clerk fee schedule, Rev 01-01-2024, "Probate/Guardianship $360". This is identical to the statewide statutory base fee charged 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)). Both amounts took effect January 1, 2022 under S.B. 41, 87th Legislature, and both sections have since been amended |
| Action within an existing probate case, including a contest or other adverse action | $120.00 | Colorado County Clerk fee schedule, Rev 01-01-2024, "Action within Existing Case $120.00", matching $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2) |
| Clerk issuing the citation or another document | $8.00 | The statutory issuing-document fee every county clerk must collect (Local Government Code § 118.052(3)(A); § 118.059). Colorado County's schedule does not itemize it, so budget for it separately |
| Sheriff or constable posting the citation | $30.00 | Notice of Fees Charged by the Sheriff and Constables of Colorado County, adopted by the Commissioners Court July 28, 2025 under Local Government Code § 118.131, effective January 1, 2026 to December 31, 2026. Personal service of a citation on the same schedule is $95.00 |
| Letters Testamentary or Letters of Administration | $2.00 each | The statutory per-document fee the county clerk collects (Local Government Code § 118.052(3)(D); § 118.061). Order enough sets for every institution the estate deals with |
| Certified copies from the clerk | $5.00 certification fee plus $1.00 per page | Colorado County Clerk fee schedule, Rev 01-01-2024, matching the statutory certified-papers fee (Local Government Code § 118.052(3)(B); § 118.060). Plain copies of clerk's records are $1.00 per page |
| Filing an inventory and appraisement | $25.00 | The statutory fee for services in a pending probate action (Local Government Code § 118.052(2)(A)(i); § 118.056(d)). Not itemized on the county's own schedule |
| Depositing a will with the clerk for safekeeping | $15.00 as published by the county | Colorado County Clerk fee schedule, Rev 01-01-2024, "Will for Safekeeping 15.00". Note that the statutory deposit and safekeeping fee is $5.00 (Local Government Code § 118.052(3)(E); § 118.062), so ask the clerk what the county's figure covers before you pay it |
| Typical cash outlay to open an estate with a posted citation | About $398.00 | This page's arithmetic across the county's own two schedules plus the statutory issuing fee: $360.00 plus $8.00 plus $30.00. Colorado County publishes no single all-in probate total, so treat this as an estimate and confirm it with the County Clerk at (979) 732-2155 |
| Electronic filing charges | Set by the vendor, not by Colorado 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. Colorado 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 Colorado County Clerk publishes on its own forms list. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)) |
Two cautions. The $360.00 base is fixed by statute and is the same in all 254 Texas counties, so any figure materially above it is either a total that bundles in issuing, posting, publication or ad litem charges or is out of date. The $362.00 figure that circulates in third-party directories for Colorado County is one of those: the county's own published schedule says $360.00. And the sheriff and constable schedule is re-adopted annually, expiring by its own terms on December 31, 2026, so check for the next year's notice before budgeting a filing in 2027.
Timeline
- Day one, the application is filed with the Colorado County Clerk, electronically through eFileTexas.gov if an attorney files it, or at the counter or by mail if the applicant is not represented (the county's own e-filing statement carves out filers who are not represented by an attorney).
- Within three business days of an electronically filed application, the wet-ink original will has to be in the clerk's hands (Texas Rule of Civil Procedure 21(f)(12)). Nothing can move until it is.
- The clerk issues the citation and delivers it to the sheriff or a constable, who posts it at the courthouse door or the nearby place where public notices are customarily posted (Estates Code § 51.053(a)). Colorado County also posts a copy on its Public Notices page.
- The citation must remain posted for at least 10 days before the return day, excluding the day of posting (§ 51.053(b)). Colorado County's own posted citations state the effect in their own words: the application and any opposition may be heard at any call of the docket on or after 10 o'clock a.m. on the first Monday after that 10-day period expires.
- The case is set on the probate and guardianship docket. The county's online court calendar carries a Probate/Guardianship category, and it shows the docket normally called on a Tuesday at 1:30 p.m., every few weeks rather than weekly. Because the docket is not weekly, the practical wait is usually longer than the 10-day posting period alone would suggest.
- The county posts the upcoming docket as a PDF on the same Public Notices page. The docket posted for July 28, 2026, for example, was headed "COLORADO COUNTY COURT, TUESDAY, JULY 28, 2026 (1:30 PM)" and set cases at ten-minute intervals from 1:30 p.m., mixing applications for letters testamentary, an independent administration under Estates Code chapters 401 to 405, a muniment of title under chapter 257 and an adult guardianship.
- Settings, resets and continuances go through the Court Coordinator at (979) 732-2604, per the County Court's published rules. Filing a motion with the clerk does not by itself produce a date, and the court requires an oral hearing on motions.
- After the hearing and the order, the County Clerk issues the letters, and the statutory clock starts: notice to beneficiaries within 60 days of an order admitting a will (§ 308.002), published notice to creditors within one month of receiving letters (§ 308.051), and the inventory before the 91st day after the personal representative qualifies unless the court grants longer (§ 309.051(a)).
Local nuance
Colorado County-specific considerations
The pro se carve-out is written down here, and that is genuinely unusual. Most Texas county clerks publish a bare mandatory-e-filing notice and leave self-represented filers to work out the statewide exemption for themselves. Colorado County states it on the face of its clerk page: "Colorado County Clerk's Office is MANDATORY e-filing for all Civil/Probate cases, except for those not represented by an attorney, beginning January 1, 2016." It repeats the same structure for criminal cases from July 1, 2019. That matches the statewide rule, under which attorneys must e-file where e-filing has been mandated while unrepresented parties may e-file but are not required to (Texas Rule of Civil Procedure 21(f)(1)). If you are settling a relative's estate without a lawyer, Colorado County has told you in writing that you are not shut out of the counter. Call (979) 732-2155 to confirm what the office prefers to receive, and remember that the original will still has to reach the clerk within three business days of an electronically filed application (Rule 21(f)(12)).
Two buildings, two functions, and the court will not take your paper. The Colorado County Clerk is in Room 103 of the Courthouse Annex at 318 Spring Street; the Colorado County Court is in Room 107 of the Courthouse at 400 Spring Street. The court's own page says plainly that "all pleadings and court papers must be filed through the Colorado County Clerk's Office." The P.O. Box 236 that appears all over the county's site belongs to the Courthouse and the County Judge, not to the clerk, so mailing an application there sends it to the wrong building. The clerk publishes no post office box of its own.
The probate docket is a Tuesday afternoon docket, and it is not weekly. The county runs an online court calendar with a Probate/Guardianship category, and the settings it lists are almost always Tuesdays at 1:30 p.m., spaced weeks apart rather than every week. The county then posts the upcoming docket as a PDF under Probate / Guardianship on its Public Notices page: the July 28, 2026 docket was headed "COLORADO COUNTY COURT, TUESDAY, JULY 28, 2026 (1:30 PM)" and gave each case a ten-minute slot. Plan around the cycle rather than around a fixed number of days, and take settings questions to the Court Coordinator at (979) 732-2604.
All settings go through the Court Coordinator, and motions get an oral hearing. The County Court publishes three rules that shape how a Colorado County matter moves: the Court does not accept filings; "All requests for settings, including jury trials, bench trials and motion hearings, must be made to the Court Coordinator"; and "An oral hearing is required on all motions, including but not limited to motions for default judgments, motions for summary judgments and motions for continuance, and will not be considered by submission without prior leave of court." The practical effect in a probate matter is that you cannot expect anything to be granted on the papers alone, and you cannot get a date by filing something with the clerk.
The county publishes live probate citations, which is a research shortcut worth knowing about. Under Probate / Guardianship on the Public Notices page, Colorado County posts the actual citations issued in pending estates alongside the upcoming docket. They show the local case numbering, the fact that the applications are styled to the County Court of Colorado County, the reference to the original will pending delivery under Texas Rule of Civil Procedure 21(f)(12), and the instruction that any objection, intervention or response must be filed in writing with the County Clerk of Colorado County. If you want to see what a compliant Colorado County filing produces, that page is the closest thing the county has to a worked example.
Courtroom rules are written down and they are specific. The County Court publishes General Rules of Decorum and Courtroom Conduct, dated April 28, 2015, which bar shorts, capri pants, mini skirts and tank tops, bar T-shirts with racial, ethnic or sexual phrases, require men to remove hats or ball caps before entering the courtroom, bar tobacco, gum, food and drink, and require everyone except the judge and jurors to be in the courtroom before the scheduled time. There is nothing published about appearing by telephone or video, so plan on being there in person unless the Court Coordinator tells you otherwise.
One court, one counter, and the district courts enter only on a contest. Colorado County has no statutory probate court and no county court at law, so there is no question of which court to choose: the Colorado County Court hears the estate (Estates Code § 32.002(a)) and the County Clerk in the Annex takes the filing. The 25th and 2nd 25th Judicial District Courts, whose court administrators the county lists at Guadalupe County phone numbers and mailboxes, sit in Colorado County but do not open estates. A district court reaches a Colorado County probate matter only if the County Judge transfers a contested matter to it under § 32.003(a)(2), and even then the county court keeps the management of the rest of the estate (§ 32.003(g)).
Recent updates
| Change | What it means in Colorado County |
|---|---|
| Sheriff and constable fee schedule for 2026, effective January 1, 2026 to December 31, 2026 | The Commissioners Court adopted the current service and posting fees on July 28, 2025 under Local Government Code § 118.131. Posting a citation, which is how a probate citation is normally served here, is $30.00; personal service of a citation is $95.00. The schedule expires by its own terms at the end of 2026, so check for the next notice before budgeting a 2027 filing |
| County Clerk fee schedule revised January 1, 2024 | The clerk's current schedule prices Probate/Guardianship at $360.00 and an action within an existing case at $120.00, which match the statutory consolidated fees exactly (Local Government Code § 135.102 and § 133.151). Older secondhand figures of $362.00 for Colorado County are not published by the county |
| Administrative Order No. C-1-2024, signed April 24, 2024 | The Colorado County Court adopted a written Confidentiality Policy and Agreement under Texas Rule of Judicial Administration 7.1, which requires courts to have adopted one by May 1, 2024. It governs how court staff handle confidential information rather than how you file, but it is published with the court's other orders |
| Mandatory e-filing for civil and probate cases since January 1, 2016, with a written exception for filers without an attorney | The County Clerk's page sets the county's own date and, unusually for Texas, states the pro se exception in the same sentence. Attorneys file through eFileTexas.gov; a person not represented by an attorney is not required to |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Colorado County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Columbus-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 the county court is not involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies in the Colorado County Court, filing with the County Clerk in Room 103 of the Courthouse Annex at 318 Spring Street. Budget the county's published $360.00 filing fee (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus the $8.00 citation issuing fee and the county's $30.00 posting charge. The wet-ink original will must reach the clerk within three business days of an electronically filed application (Texas Rule of Civil Procedure 21(f)(12)), the citation is posted for at least 10 days (Estates Code § 51.053(b)), and the case is then set on the Tuesday afternoon probate docket. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Colorado County filing, styled to the County Court of Colorado County and routed to the clerk rather than the courthouse. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Colorado County is friendlier than most to a filer who is doing this alone: its clerk publishes an express exception to mandatory e-filing for people not represented by an attorney, so a paper or mailed application is contemplated, and the statewide rule agrees that an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). 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 you to Columbus: the original will has to reach the County Clerk at 318 Spring Street within three business days of an electronically filed application (Rule 21(f)(12)), and the county publishes no remote-appearance rule for the probate docket, which is normally called on a Tuesday at 1:30 p.m. at the Courthouse on 400 Spring Street. | 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, which matters here because the docket runs every few weeks rather than every week. Attorney referral where an in-person setting in Columbus makes local counsel the practical answer. |
| 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 in the Colorado County Court. The parent applies through the County Clerk, the citation is issued at $8.00 and posted by the sheriff or a constable at $30.00 on the county's 2026 schedule, and after the posting period the case is set on the probate and guardianship docket. At the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001). Order enough letters at $2.00 each (Local Government Code § 118.061), because 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. Packet generation for the administration and the inventory. Attorney referral where a sale, a mortgage payoff or a disagreement among heirs makes counsel worthwhile, which matters more here because a contested matter can be assigned to a statutory probate court judge or transferred to the 25th or 2nd 25th Judicial District Court (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| Colorado County Clerk (co.colorado.tx.us), (979) 732-2155, [email protected] | The filing office for estates in Colorado County: the Room 103 address in the Courthouse Annex, the 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. hours, the fax number, the written e-filing statement with its exception for filers who are not represented by an attorney, the fee schedule and the records links. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice, and the office states that it does not conduct record searches beyond those a statute requires |
| Colorado County Court (co.colorado.tx.us), Court Coordinator (979) 732-2604 | The court's own page: the presiding County Judge, the contact for all hearing settings and resets, the statement that the Court does not accept filings, and the published rules of decorum and on motions requiring an oral hearing |
| Colorado County public notices, probate and guardianship (co.colorado.tx.us) | The county's posted probate citations, guardianship administrative orders and the upcoming probate and guardianship docket, published as PDFs. The single most useful local page for seeing when the docket is called and what a Colorado County filing produces |
| Colorado County court calendar (co.colorado.tx.us) | The county's online court calendar, filterable to a Probate/Guardianship category, which is where the docket dates appear before the docket PDF is posted |
| Colorado County Clerk fee schedule, Rev 01-01-2024 (co.colorado.tx.us) | The county's dated schedule of clerk fees, including the $360.00 probate and guardianship filing fee and the $120.00 charge for an action within an existing case |
| Colorado County sheriff and constable fees, 2026 (co.colorado.tx.us) | The Commissioners Court's dated notice of service and posting fees, effective January 1, 2026 to December 31, 2026, which prices posting a citation at $30.00 and personal service at $95.00 |
| Colorado County Clerk records public access (coloradocountytx-web.tylerhost.net) | The clerk's online index of RECORDED documents, which is deeds and other official public records rather than probate cases. Useful for confirming how a parcel is titled; it will not show you an estate file |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where an attorney files a Colorado County probate application |
| re:SearchTX (research.txcourts.gov) | The statewide court records portal the Colorado County Clerk points civil and probate lookups to. It is 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 Colorado 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. The library's own 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. The Colorado County Clerk links this site from its own page under "Need help with a legal problem?" |
| 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. The Colorado County Clerk links it too. Useful for orientation; it is not a court site and its materials are not court-approved forms |
| Lone Star Legal Aid (lonestarlegal.org), 1-800-733-8394 | Free civil legal help for eligible low-income residents. Lone Star Legal Aid names Colorado County in its own counties-served list, alongside Austin, Fayette, Fort Bend and Washington. Its Richmond office, which covered those counties, has closed, and the program now directs people to its online intake or the toll-free number. 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. 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 Colorado County; the nearest listed in its Southeast Texas section is the Fort Bend County Willie Melton Law Library, 1422 Eugene Heimann Circle, Room 20714, Richmond, (281) 341-3718. 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, citation and posting in chapter 51, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309 |
When to hire an attorney
Colorado County is one of the more workable Texas counties for a family handling an uncontested estate without a lawyer, because the clerk has put its exception for unrepresented filers in writing and the county publishes its dockets, its citations and its fee schedules where anyone can read them. Counsel still 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, when a business or out-of-state property is involved, or when a guardianship has to run alongside the estate. Three local factors weigh in favor of an attorney more than they would in a metro county. The county publishes no probate forms, so every document is drafted from scratch. The County Court requires an oral hearing on all motions and routes every setting through the Court Coordinator, so procedural mistakes cost a docket cycle rather than an afternoon. And the contested-matter route matters: if a matter becomes contested, the County Judge may on the judge's own motion, and shall on the motion of any party, request the assignment of a statutory probate court judge or transfer the contested matter to the district court (Estates Code § 32.003(a)), and a motion for assignment filed before a transfer must be granted (§ 32.003(b)), which is a timing point that is easy to miss without counsel. County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Colorado County and the surrounding I-10 corridor.
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, Colorado County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Columbus.
Generate the probate packet. Sunset assembles the paperwork for your route, drafted for a Colorado County filing: styled to the County Court of Colorado County, addressed to the County Clerk in the Courthouse Annex rather than to the court, and ready to go in electronically through eFileTexas.gov or across the counter if you are filing without an attorney.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Texas probate attorney serving Colorado 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 Colorado County?
With the Colorado County Clerk at the Colorado County Courthouse Annex, 318 Spring Street, Room 103, Columbus, TX 78934. Do not take papers to the Colorado County Courthouse at 400 Spring Street: that is where the court sits, and the County Court's own page states that "all pleadings and court papers must be filed through the Colorado County Clerk's Office." The case is heard by the Colorado County Court, the constitutional county court, presided over by the elected County Judge, because Colorado County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Colorado County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Do I have to e-file probate in Colorado County if I do not have a lawyer?
No, and Colorado County is one of the few Texas counties that says so in writing. The County Clerk's own page states: "Colorado County Clerk's Office is MANDATORY e-filing for all Civil/Probate cases, except for those not represented by an attorney, beginning January 1, 2016." That tracks the statewide rule, under which attorneys must electronically file where e-filing has been mandated while unrepresented parties may e-file but are not required to (Texas Rule of Civil Procedure 21(f)(1)). You may still e-file through eFileTexas.gov if you prefer. Call the clerk at (979) 732-2155 to confirm what the office wants to receive before you drive to Columbus.
What do I do with the original will in Colorado County?
Get the wet-ink original to the County Clerk. 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 the citations Colorado County posts reference that rule by name. Deliver or send it to the Colorado County Clerk, 318 Spring Street, Room 103, Columbus, TX 78934, and not to the Courthouse P.O. box. There is no electronic way to satisfy this.
When is the probate docket in Colorado County, and how long is the wait for a hearing?
It is normally a Tuesday afternoon docket, and it is not held every week. The county's online court calendar carries a Probate/Guardianship category and shows the docket called on a Tuesday at 1:30 p.m. every few weeks, and the county posts the upcoming docket as a PDF under Probate / Guardianship on its Public Notices page. The docket posted for July 28, 2026 was headed "COLORADO COUNTY COURT, TUESDAY, JULY 28, 2026 (1:30 PM)" and gave each case a ten-minute slot. Colorado County publishes no filing-to-hearing interval, so nobody should quote you one; what is published is the mechanism. The citation must stay posted for at least 10 days before the return day, excluding the day of posting (Estates Code § 51.053(b)), and the county's own posted citations then say the matter may be heard at any call of the docket on or after 10 o'clock a.m. on the first Monday after that period runs. Because the docket is called every few weeks rather than weekly, the real wait is usually longer than the posting period alone. Settings and resets go through the Court Coordinator at (979) 732-2604, because the County Court requires that all requests for settings be made to the coordinator.
Can I appear remotely for a probate hearing in Colorado County?
Nothing is published either way, so do not assume it. Colorado County posts no telephone or video appearance rule for probate, and the County Court's published rules require an oral hearing on all motions and expect participants to be in the courtroom before the scheduled time. Hearings are at the Colorado County Courthouse, 400 Spring Street, Columbus. Ask the Court Coordinator at (979) 732-2604 before making travel plans either way.
How much does it cost to file probate in Colorado County?
$360.00 to open the case. Colorado County publishes that figure on its own dated schedule, "COUNTY CLERK FEES, COLORADO COUNTY, TEXAS", Rev 01-01-2024, and it is exactly the statewide statutory base charged 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)). Add the statutory $8.00 fee for issuing the citation (§ 118.052(3)(A)) and the county's $30.00 charge for the sheriff or constable to post it, which puts a straightforward opening at about $398.00. Letters cost $2.00 each (§ 118.061) and an action within an existing case, including a contest, is $120.00 on the county's schedule. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145), which the clerk publishes on its own forms list.
Are there local probate forms in Colorado County?
No. Colorado County publishes no probate application, order, oath, cover sheet or small estate affidavit template, and Texas has no comprehensive statewide set of probate procedure forms either, so those documents are drafted rather than filled in. The clerk's printable forms are vital statistics, assumed name, marriage and brand documents, plus the statewide Statement of Inability to Afford Payment of Court Costs. What the county does publish is procedural: the County Court's rules of decorum, the dated clerk and sheriff fee schedules, and the posted citations and dockets on the Public Notices page.
How do I look up a Colorado County probate case online?
Colorado County runs no probate case search of its own and says as much by where it points you. Its clerk page sends criminal records to a Tyler Odyssey portal, sends "Civil and Probate Court Records" to the statewide re:SearchTX portal, and sends record requests to a Records Public Access site that indexes the clerk's recorded documents, meaning deeds and other official public records rather than estates. re:SearchTX requires free registration and charges for documents, and states that it provides an unofficial copy and that the clerk of the court is the official custodian. Coverage is set county by county and Colorado County's is not published, so call the County Clerk at (979) 732-2155 for a definitive answer. For pending matters, the county's Public Notices page lists current probate citations and the upcoming docket.
What happens if someone contests the will in Colorado County?
The contest does not necessarily stay with the County Judge. In a county with no statutory probate court and no county court at law, 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, either request the assignment of a statutory probate court judge to hear the contested matter (Government Code § 25.0022) or transfer the contested matter to the district court, which may then hear it as if originally filed there (Estates Code § 32.003(a)). A party's motion for assignment beats a transfer: if it is filed first, the county judge shall grant it and may not transfer the matter unless the motion is withdrawn (§ 32.003(b)), and the motion may be filed before anything becomes contested (§ 32.003(c)). Meanwhile the Colorado County Court continues to manage the rest of the estate (§ 32.003(g)). The district courts seated in Colorado County are the 25th and the 2nd 25th Judicial District Courts.
Do I have to travel to Columbus to settle an estate in Colorado County?
For the hearing, almost certainly yes, because the county publishes no remote alternative. The rest can largely be handled at a distance: an attorney files electronically through eFileTexas.gov, an unrepresented filer is expressly carved out of the county's e-filing mandate and can mail or bring papers to the clerk, and questions go to the County Clerk at (979) 732-2155 or the Court Coordinator at (979) 732-2604. The one other physical requirement is the original will, which must reach the County Clerk within three business days of an electronically filed application (Texas Rule of Civil Procedure 21(f)(12)). The clerk's counter is open Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 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.