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Jackson County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Jackson County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Jackson 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)). Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, contains no Jackson County provision at all, and the county's own government index lists only this court, the Commissioners Court, the Justice of the Peace precincts and the 24th, 135th and 267th District Courts. The County Judge is Jill S. Sklar, in Room 207 of the courthouse (verified July 2026) |
| Filing office | The Jackson 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 in Room 101. The clerk publishes a staff list that includes a deputy clerk assigned to probate (verified July 2026). Jackson County also has a separate District Clerk, in Room 203, who serves the 24th, 135th and 267th District Courts and does not open estates |
| Courthouse | Jackson County Courthouse, 115 W. Main Street, Room 101, Edna, TX 77957. The County Clerk's counter is Room 101 and the County Judge is in Room 207. Do not go to the county's other two buildings: the Annex at 411 N. Wells in Edna houses the Treasurer, Auditor, Justice of the Peace Precinct 1, permitting, juvenile probation, the Extension office and the library, and the Ganado Annex houses Justice of the Peace Precinct 2 and Constable Precinct 2 |
| Mailing address | None separate. The Jackson County Clerk publishes no post office box, and the county's own mail-to instruction is "Jackson County Clerk, 115 W. Main Street Room# 101 Edna, Texas 77957". Call before mailing an original will. The P.O. Box 703 that appears in the county directory belongs to the Ganado Annex, not to the County Clerk |
| Phone | 361-782-3563 for the Jackson County Clerk, which is the number the clerk publishes on its own page and prints on its fee schedule. The County Judge's office, which is where a probate hearing is held, is 361-782-2352 |
| Fax | 361-782-3132, published by the County Clerk |
| [email protected], which the county publishes as the "Email address for open records requests, inquires, etc" and prints on both its fee schedule and its Document Request Form. It is a departmental mailbox rather than an individual's, so it survives a change of staff | |
| Office hours | Monday through Friday, 8:00 a.m. to 4:45 p.m., and the clerk's page adds a line worth knowing: "Open thru the lunch hour" (verified July 2026). That is unusual for a small Texas county clerk; many close from noon to 1:00 p.m. The County Judge's office keeps different hours and does close at midday: 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. The clerk publishes a narrower window for marriage license issuance only, which does not affect a probate filing |
| Filing fee | $360.00 to open a probate case, which is both the statewide statutory base fee and the figure Jackson County publishes. The base is a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (Local Government Code § 133.151(a)(1)), amounts enacted by S.B. 41 effective January 1, 2022 and since amended. Jackson County's own fee schedule, which prints "Effective January 1, 2024", charges $360.00 for every decedent's estate application it lists, then adds service items separately, including Citation $4.00 and Service of Citation by Sheriff or Certified Mail $85.00. A later contested or adverse probate action is $120.00. Confirm which service items your case needs with the County Clerk before you file |
| Local forms | None for probate. Texas has no comprehensive set of probate procedure forms, and Jackson County publishes no probate application, order, oath, cover sheet or small estate affidavit template. The clerk's forms block covers assumed names, marks and brands, vital records and Social Security redaction only. The one county document a probate reader will use is the clerk's Document Request Form, which has a dedicated Probate line for ordering copies of a file |
| E-filing | Mandatory for attorneys since January 1, 2016. The clerk's own notice reads: "MANDATORY CIVIL E-FILING JANUARY 1, 2016. Effective January 1, 2016 all CIVIL, PROBATE AND GUARDIANSHIP filings from attorneys must be filed electronically with the Jackson County Clerk's office." Filing goes through eFileTexas.gov, and the clerk links that site for the list of electronic filing service providers. Note the notice says "from attorneys", which matches the statewide rule that an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Jackson publishes no positive statement about paper filings from a self-represented party, so call 361-782-3563 first. The county separately made criminal e-filing mandatory on July 1, 2019 |
| Case search | None online. The Jackson County Clerk publishes no probate case search and no records portal of any kind. What it publishes instead is a records-request route in its own words: "REQUESTS FOR DEED, OFFICIAL RECORDS, PROBATE or CRIMINAL RECORDS ... Please fill out the below form to request copies of deeds, probate records, criminal records, etc. and email to [email protected]. After we receive payment, we will send documents by mail or email as requested." Copies are $1.00 per page, the office takes cash, check or a credit card by phone, and it states "Normal processing time is 1-2 business days." Documents e-filed in a Jackson County probate case may also be reachable through the statewide re:SearchTX portal, which 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. Coverage is set county by county and Jackson's is not published, so use the clerk's request form for anything that matters. The iDocket portal linked from the District Clerk's page is for district court records, not estates |
| Remote appearance | Nothing published for probate. Jackson County publishes no telephone or video appearance rule for the county court, and the remote-appearance instructions and docket lists on the District Clerk's page belong to the 24th, 135th and 267th District Courts, which do not open estates. Ask the County Judge's office at 361-782-2352 whether a remote appearance is possible in your case |
| Website | https://www.co.jackson.tx.us/page/County.Clerk (the Jackson County Clerk, with the hours, the e-filing notice, the records-request instructions and the fee schedule links) and https://www.co.jackson.tx.us/page/County.Judge (the County Judge, who presides over probate). The county directory listing all three county buildings is at https://www.co.jackson.tx.us/page/contactus |
Before you begin — know the assets and liabilities
Before you file anything in Edna, 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 identical in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before your first filing matters more than usual here, because Jackson County publishes no probate forms, no checklist and no docket calendar: there is nothing local to correct a wrong start, and a wrong route means drafting the application again and paying the fee again.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Jackson 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. Farm and ranch land, mineral interests and coastal property are common in this part of Texas and each raises its own titling question. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Jackson County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Jackson County Courthouse at 115 West Main in Edna is the single probate filing location for the whole county. There is no branch, satellite or annex counter for estates: the County Clerk takes filings in Room 101 and the County Judge sits in Room 207 of the same building. The county's other two buildings do not handle probate, and it is worth knowing which is which before you drive: the Annex at 411 N. Wells in Edna houses the County Treasurer, County Auditor, Justice of the Peace Precinct 1, permitting, juvenile probation, the Extension office and the library, and the Ganado Annex houses Justice of the Peace Precinct 2 and Constable Precinct 2. The court serves every part of the county, including Edna, Ganado, La Ward, Vanderbilt, Lolita, Francitas and Carancahua and the farm and ranch country between them.
Venue is straightforward for a Jackson 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 Jackson County, the case belongs in the Jackson County Court, even if they died in a hospital in Victoria, Corpus Christi or Houston. 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 page. Jackson County has no statutory probate court and no county court at law, so the Jackson County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. Government Code Chapter 25, the chapter that creates every statutory county court and statutory probate court in the state, contains no Jackson County provision, and the county's own list of its offices names no county court at law. Do not caption a Jackson County estate for a probate court or a county court at law; the county has neither.
If a matter in the proceeding becomes contested, the case does not stay with the County Judge by default. 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.
The district court side of that route has a geographic wrinkle specific to Jackson County. Three district courts serve the county and all three cover the same six counties: the 24th Judicial District is composed of Calhoun, DeWitt, Goliad, Jackson, Refugio and Victoria counties (Government Code § 24.125), and so are the 135th (§ 24.237) and the 267th (§ 24.444). Jackson County publishes all three courts' chambers at 115 N. Bridge, 3rd Floor, Victoria, Texas 77901, which is roughly thirty miles from Edna, so a contested matter transferred under § 32.003(a)(2) is likely to be handled by a judge who sits in Victoria. The statute still sets Jackson County terms for the 24th District Court on the fourth Mondays in January and July (§ 24.125(b)(4)). None of this affects an uncontested estate, which stays entirely in Edna.
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 set of probate procedure forms and Jackson 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 rather than fill-in forms. Caption the case for the Jackson County Court, the constitutional county court, and not for a probate court or a county court at law, because Jackson County has neither.
- E-file the application through eFileTexas.gov. The Jackson County Clerk's own notice sets the county's date and its scope: "Effective January 1, 2016 all CIVIL, PROBATE AND GUARDIANSHIP filings from attorneys must be filed electronically with the Jackson County Clerk's office." Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Jackson publishes nothing either way about accepting paper or mailed filings from a self-represented party, so call the County Clerk at 361-782-3563 before you file on paper.
- 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)), and the clerk must keep that original will in a numbered file folder (Rule 21(f)(13)). Take or send the wet-ink original to the Jackson County Clerk, 115 W. Main Street, Room 101, Edna, TX 77957. The counter is open through the lunch hour, which makes a midday drop-off practical.
- Pay the filing fee. Jackson County's fee schedule, effective January 1, 2024, charges $360.00 for every decedent's estate application it lists, which matches the statewide statutory base exactly: $223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1). The same schedule prices a Citation at $4.00 and Service of Citation by Sheriff or Certified Mail at $85.00, and the county's separate sheriff and constable schedule, also effective January 1, 2024, prices a Posting Notice at $40.00. Which of those apply depends on how the court orders citation to be given, so ask the clerk for your case's total rather than assuming one. 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.
- Let the clerk issue citation and have it served or posted. In Texas the clerk issues citation on an application to probate a will or for letters, and nothing is heard until the citation period has run and the return is on file. That is what Jackson County's citation and service or posting items pay for. Build the wait into your timing; the county publishes no citation-to-hearing interval.
- Attend the hearing in Edna. The Jackson County Court hears the application, and the County Judge sits in Room 207 of the courthouse at 115 West Main. Jackson County publishes no probate docket day, no docket start time and no remote-appearance rule, so ask the County Clerk at 361-782-3563 or the County Judge's office at 361-782-2352 when the matter will be heard and what the judge wants brought or filed in advance. Note the judge's office closes from 12:00 p.m. to 1:00 p.m. even though the clerk's counter does not.
- 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). Jackson County's schedule prices letters at $2.00 each plus $5.00 to certify and $1.00 per page of the order, so order enough sets at the hearing for every bank, transfer agent and title company the estate has to deal with rather than coming back for more.
- Give the statutory notices. Notice goes to each beneficiary named in the will not later than the 60th day after the order admitting it, with proof filed by the 90th day (Estates Code §§ 308.002 and 308.004); notice to creditors is published in a newspaper of general circulation in the county within one month of receiving letters (§ 308.051), and if there is no such newspaper in the county the notice is posted instead (§ 308.051(c)); and each creditor known to hold a claim secured by estate property gets notice within two months (§ 308.053). File the proofs with the Jackson County Clerk.
- File the inventory, and note that a timely one costs nothing at the counter. The inventory must be filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (Estates Code § 309.051(a)), and an independent executor with no unpaid debts other than secured debts, taxes and administration expenses may file an affidavit in lieu of it instead (§ 309.056), which keeps the asset list out of the public record. Jackson County's fee schedule charges for an "Inventory/Order Filed after 90 days from Oath" and only for that: the statutory fee for filing an inventory and appraisement "applies only if the instrument is filed after the 90th day after the date the personal representative has qualified to serve" or after any extended deadline the court sets (Local Government Code § 118.056(d)). File on time and there is no inventory filing fee.
- Administer the estate and close it if you choose to. Where the estate is run as an independent administration, the court's involvement after the appointment order and the inventory or the affidavit in lieu of it is deliberately minimal (Estates Code chapters 401 to 405), and closing is optional (§ 405.012). Everything filed along the way goes to the Jackson County Clerk in Room 101.
Forms and documents
Probate forms in Jackson County
Jackson 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, no county checklist and no county small estate affidavit template. The clerk's own Applications and Forms block covers assumed name certificates, marks and brands registration, vital records applications and a Social Security number redaction request, and nothing else. 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) (Estates Code chapters 205 and 257). In practice that means the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Jackson County estate are drafted documents.
What the county does publish, and what is genuinely useful, is a dated fee schedule and a records-request form. The fee schedule is linked from the clerk's page as "County Clerk Fees (Updated January 2024)" and prints "Effective January 1, 2024" on its face, with a dedicated Probate and Guardianship Filing Fees section. The Document Request Form has a dedicated Probate line for ordering copies out of an existing file, and the clerk asks that it be emailed to [email protected]. The one genuinely statewide procedural form a Jackson County filer may need is the Statement of Inability to Afford Payment of Court Costs, published on the Texas Judicial Branch forms page and required by Texas Rule of Civil Procedure 145.
| Resource | What it provides |
|---|---|
| Jackson County Clerk fee schedule, effective January 1, 2024 (co.jackson.tx.us) | The county's own itemized schedule, with a Probate and Guardianship Filing Fees section pricing every decedent's estate application at $360.00, plus citation, service, letters, claim and late-inventory items. Linked from the clerk's page as "County Clerk Fees (Updated January 2024)" |
| Jackson County sheriff and constable fees, effective January 1, 2024 (co.jackson.tx.us) | The service and posting charges the sheriff and constables collect, including Posting Notice $40.00 and All Other Courts' Citations $85.00. These are the county's service costs on top of the court filing fee |
| Jackson County Clerk Document Request Form (co.jackson.tx.us) | The county's form for ordering copies from a file, with a dedicated Probate line. Email it to [email protected]; copies are $1.00 per page and the clerk states normal processing time is 1 to 2 business days |
| 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
Jackson County publishes an itemized fee schedule with a printed effective date, which is rare at this county size and much more useful than a phone quote. The schedule is linked from the clerk's page as "County Clerk Fees (Updated January 2024)" and prints "Fee Schedule, Effective January 1, 2024" on its face, with a separate Probate and Guardianship Filing Fees section. The county publishes a second schedule, "Updated Sheriff and Constables' Fees, Effective January 1, 2024", for service and posting. The figures below are the county's own, read from those two documents in July 2026; confirm the current total with the County Clerk at 361-782-3563 before you file.
| Item | Amount | Authority or source |
|---|---|---|
| Opening a probate case: independent administration with a will, dependent administration, determination of heirship, small estate, order of no administration, foreign will or ancillary probate, or muniment of title | $360.00 | Jackson County Clerk fee schedule, effective January 1, 2024, which prices all of these at the same figure. It matches the statewide statutory base exactly, and that base is 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 effective January 1, 2022 and since amended. The routes themselves are statewide: independent administration is Estates Code chapters 401 to 405, muniment of title is chapter 257, and an order of no administration is chapter 451 |
| Citation | $4.00 | Jackson County Clerk fee schedule, effective January 1, 2024. This is the county's own published figure for issuing the citation |
| Service of citation by sheriff or certified mail | $85.00 | Jackson County Clerk fee schedule, effective January 1, 2024, matching "All Other Courts' Citations $85.00" on the county's sheriff and constable schedule of the same date. 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) |
| Posting a notice | $40.00 | Jackson County's "Updated Sheriff and Constables' Fees, Effective January 1, 2024". Where the court directs citation by posting rather than by service, this is the charge |
| Letters Testamentary or Letters of Administration | $2.00 each, plus $5.00 to certify and $1.00 per page of the order | Jackson County Clerk fee schedule, effective January 1, 2024, which prints Letters Testamentary at $2.00 each; the statutory fee is the same $2.00 for Letters of Administration (Local Government Code § 118.061). Order enough sets at the hearing for every institution the estate deals with |
| Claim filed against the estate | $12.00 | Jackson County Clerk fee schedule, effective January 1, 2024. This is paid by the creditor filing the claim, not by the estate |
| Inventory filed LATE, more than 90 days after the oath | $27.00 | Jackson County Clerk fee schedule, effective January 1, 2024, which labels the item "Inventory/Order Filed after 90 days from Oath". There is no fee for a timely inventory: the statutory fee for filing an inventory and appraisement "applies only if the instrument is filed after the 90th day after the date the personal representative has qualified to serve" or after any extended deadline the court sets (Local Government Code § 118.056(d)) |
| Annual accounting in a pending administration | $27.00 | Jackson County Clerk fee schedule, effective January 1, 2024. Fees for services in a pending probate action are charged only after the order approving the inventory and appraisement or after the 120th day from the initial filing, whichever comes first (Local Government Code § 118.056(a)), so this is not an up-front cost |
| Later contested or adverse probate action | $120.00 | Jackson County Clerk fee schedule, effective January 1, 2024, which prints it as "Cross Action". It matches the statute exactly: $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2), for an action other than the original application |
| Depositing a will with the clerk for safekeeping during the testator's lifetime | $5.00 | Jackson County Clerk fee schedule, effective January 1, 2024, matching the statutory fee (Local Government Code § 118.062; Estates Code § 252.001(b)) |
| Copies from the file | $1.00 per page, or $5.00 to certify plus $1.00 per page | Jackson County Clerk fee schedule, effective January 1, 2024, and the clerk's own records-request instructions, which state "Copies are $1.00 per page" and accept cash, check or a credit card by phone |
| Electronic filing charges | Set by the vendor, not by Jackson 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. Jackson 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. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)) |
Three cautions about this schedule. First, the $360.00 base is fixed by statute and is the same in all 254 Texas counties, so a probate figure materially above it is a total that includes citation, service, posting or publication items, and a figure below it is out of date. Second, the $350.00 that appears higher up the same schedule is the county's CIVIL filing fee, not a probate fee; do not use it for an estate. Third, newspaper publication of the creditor notice (Estates Code § 308.051) is billed by the newspaper and never appears on a clerk's schedule, so budget for it separately.
Local nuance
Jackson County-specific considerations
The clerk's counter is open through lunch, and the judge's office is not. The Jackson County Clerk publishes hours of Monday through Friday, 8:00 a.m. to 4:45 p.m., with the line "Open thru the lunch hour" directly beneath, which is unusual for a small Texas county clerk and makes a midday delivery of an original will practical. The County Judge's office, in Room 207 of the same courthouse, publishes 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., so it does close at midday. Plan a filing trip around the counter and a hearing question around the judge's office.
There is no online probate case search here, but there is a written request route, and it is quick. The clerk publishes: "REQUESTS FOR DEED, OFFICIAL RECORDS, PROBATE or CRIMINAL RECORDS ... Please fill out the below form to request copies of deeds, probate records, criminal records, etc. and email to [email protected]. After we receive payment, we will send documents by mail or email as requested." The Document Request Form has its own Probate line, copies are $1.00 per page, and the office states "Normal processing time is 1-2 business days." That is a faster and more reliable answer than hunting for a Jackson County estate in a statewide portal. Do not mistake the iDocket link on the District Clerk's page for a probate search: it serves the district courts, which do not open estates.
Three county buildings, one probate counter. Estates are filed in Room 101 of the courthouse at 115 West Main in Edna, and the County Judge hears them in Room 207 of the same building. The county's Annex at 411 N. Wells in Edna and its Ganado Annex hold other offices entirely, including both Justice of the Peace precincts, and neither takes a probate filing. The District Clerk is also in the courthouse, in Room 203, and serves the district courts rather than the county court; never take an application to open an estate there.
A timely inventory costs nothing, and the county's own schedule says so more clearly than most. Jackson County prints the item as "Inventory/Order Filed after 90 days from Oath . . . $27.00", which tracks the statute: the fee for filing an inventory and appraisement "applies only if the instrument is filed after the 90th day after the date the personal representative has qualified to serve" or after any court-granted extension (Local Government Code § 118.056(d)). The inventory itself is due before the 91st day after the personal representative qualifies (Estates Code § 309.051(a)). File it on time, or file an affidavit in lieu of it if you are an independent executor and the estate qualifies (§ 309.056), and no filing fee arises.
Since December 4, 2025 you need photo identification to record a document in person. The clerk publishes it verbatim: "Due to legislative changes, effective December 4, 2025, all persons presenting a document for filing (in person) into the real property records of Jackson County, are required to provide a photo ID to the clerk. Texas Local Government Code §191.010 (b)". The statute now reads that a county clerk shall require photo identification from a person presenting a document in person for filing in the real property records, and it forbids the clerk from charging for copying or recording that identification (Local Government Code § 191.010(b)). This reaches estates more often than it looks: a small estate affidavit that transfers a homestead has to be recorded in the deed records (Estates Code § 205.006(a)), and so does a notice of election by a creditor secured by real property (§ 403.052). Take a current photo identification with you.
One court, one counter, and Victoria only enters the picture on a contest. Jackson County has no statutory probate court and no county court at law, so there is no choice of court: the Jackson County Court hears the estate (Estates Code § 32.002(a)) and the County Clerk in Room 101 takes the filing. The three district courts that serve the county, the 24th, 135th and 267th, each cover Calhoun, DeWitt, Goliad, Jackson, Refugio and Victoria counties (Government Code §§ 24.125, 24.237 and 24.444), and the county publishes all three courts' chambers in Victoria at 115 N. Bridge, 3rd Floor. A district court reaches a Jackson County estate 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 Jackson County |
|---|---|
| Photo identification required to record a document in person, effective December 4, 2025 | The County Clerk publishes it verbatim: "Due to legislative changes, effective December 4, 2025, all persons presenting a document for filing (in person) into the real property records of Jackson County, are required to provide a photo ID to the clerk. Texas Local Government Code §191.010 (b)". The statute now requires the clerk to ask for it and forbids a charge for copying it. It reaches estates whenever something has to go into the deed records, including a small estate affidavit transferring a homestead (Estates Code § 205.006(a)) |
| County Clerk fee schedule, effective January 1, 2024 | The clerk publishes an itemized schedule that prints its own effective date, with a dedicated Probate and Guardianship Filing Fees section pricing every decedent's estate application at $360.00 and identifying the inventory charge as a late-filing fee only. A matching "Updated Sheriff and Constables' Fees" schedule of the same date sets the service and posting charges |
| Mandatory e-filing in civil, probate and guardianship cases, effective January 1, 2016 for Jackson County | The clerk's own notice sets the county's date and limits it to attorneys, which matches the statewide rule that an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Filing is through eFileTexas.gov. The county separately made criminal e-filing mandatory on July 1, 2019 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Jackson County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Edna-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 Jackson County Court: the application is e-filed through eFileTexas.gov, the wet-ink original will follows to the County Clerk in Room 101 within three business days (Texas Rule of Civil Procedure 21(f)(12)), and the County Judge hears it in Room 207. Budget the $360.00 filing fee that the county's January 1, 2024 schedule prices for a probate application, which is the statutory base (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)), plus the county's $4.00 citation and the service or posting charge that applies. Ask the clerk when the matter will be heard; the county publishes no docket day. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Jackson County filing, captioned for the county court rather than for a court the county does not have. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Most of this can be done from out of state. Attorneys must e-file through eFileTexas.gov in Jackson County, mandatory since January 1, 2016 per the clerk's own notice, and an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); Jackson publishes nothing about accepting paper filings from a self-represented party, so call 361-782-3563 first. 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 need a physical connection to Edna: the original will must reach the County Clerk within three business days of the application (Rule 21(f)(12)), and the hearing is before the County Judge in Room 207 with no published remote option. Copies of anything in the file can be ordered by email on the clerk's Document Request Form at $1.00 per page, normally in 1 to 2 business days. | 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. Attorney referral where an in-person hearing in Edna 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 Jackson County Court. The parent applies, the clerk issues citation, and at the hearing in Room 207 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 the letters at the hearing, at $2.00 each plus $5.00 to certify and $1.00 per page of the order on the county's schedule, 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)), and it carries no filing fee if it is on time (Local Government Code § 118.056(d)). Recording anything in the deed records in person now requires photo identification (§ 191.010(b)). | Asset discovery for the child's accounts, insurance, mineral interests 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 a district court sitting in Victoria (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| Jackson County Clerk (co.jackson.tx.us), 361-782-3563, [email protected] | The filing office for estates in Jackson County: the Room 101 address, the 8:00 a.m. to 4:45 p.m. hours with the office open through lunch, the fax number, the mandatory e-filing notice, the fee schedule links and the records-request instructions. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| Jackson County Judge (co.jackson.tx.us), 361-782-2352 | The County Judge presides over the Jackson County Court, which is the court that hears probate here. The office is in Room 207 of the courthouse and is open 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Ask here about when a probate matter will be heard |
| Jackson County Clerk fee schedule, effective January 1, 2024 (co.jackson.tx.us) | The county's own itemized schedule, including a Probate and Guardianship Filing Fees section pricing every decedent's estate application at $360.00 and identifying the inventory fee as a late-filing charge only |
| Jackson County Clerk Document Request Form (co.jackson.tx.us) | How to get a copy of a Jackson County probate file when there is no online search: complete the form, email it to [email protected], and pay $1.00 per page. The clerk states normal processing is 1 to 2 business days |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Jackson County probate application is filed, and the County Clerk links this site by name |
| 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 Jackson 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 Jackson County Clerk links the library from its own page. 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 Jackson County Clerk links this site from its own self-help block |
| 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 Jackson County Clerk links it too. 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 Jackson in its own 68-county service list, and its nearest office to Edna is in Victoria at 121 S. Main St., Suite 300. 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. 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 none in Jackson County and none in neighboring Victoria County; the nearest listed in the region are the Nueces County law library at 901 Leopard Street, Room 601, Corpus Christi, (361) 888-0343, and the Brazoria County Law Library at 111 E. Locust, Suite 315A, Angleton, (979) 864-1225. The directory is curated rather than exhaustive and suggests trying a local public library, which for Jackson County means the Jackson County Memorial Library in Edna |
| Texas Estates Code (statutes.capitol.texas.gov) | The statute itself, including the court structure provisions in chapter 32, venue in chapter 33, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309 |
When to hire an attorney
Plenty of uncontested Jackson County estates are settled without a lawyer, and the clerk's counter is helpful about procedure. Counsel earns its keep here when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when farm, ranch, coastal or mineral 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. Jackson County publishes no probate forms, no checklist and no local rules, so every document is drafted from scratch. The county publishes no docket day or hearing procedure, so the timing of a hearing is something you have to ask about rather than look up. 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 a 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 Jackson County and the Victoria area.
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, Jackson County real property, mineral interests and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Edna.
Generate the probate packet. Sunset assembles the paperwork for your route, captioned for the Jackson County Court rather than for a probate court the county does not have, and ready to e-file through eFileTexas.gov and to file with the Jackson County Clerk in Room 101.
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 Jackson 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 Jackson County?
With the Jackson County Clerk at the Jackson County Courthouse, 115 W. Main Street, Room 101, Edna, TX 77957. The case is heard by the Jackson County Court, the constitutional county court, presided over by the elected County Judge in Room 207 of the same building, because Jackson County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Jackson County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)). Do not take an application to open an estate to the District Clerk in Room 203, who serves the district courts.
Is e-filing required for probate in Jackson County?
For attorneys, yes. The Jackson County Clerk's own notice states: "Effective January 1, 2016 all CIVIL, PROBATE AND GUARDIANSHIP filings from attorneys must be filed electronically with the Jackson County Clerk's office." Filing goes through eFileTexas.gov, which the clerk links for the list of electronic filing service providers. The notice is expressly limited to attorneys, which matches the statewide rule that an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Jackson County publishes nothing positive about accepting paper or mailed filings from a self-represented party, so if you are filing without a lawyer, call the County Clerk at 361-782-3563 and ask what the office will accept.
What do I do with the original will in Jackson County?
You e-file the application with a scanned copy of the will, then 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 clerk must retain that original will in a numbered file folder (Rule 21(f)(13)). Deliver or send it to the Jackson County Clerk, 115 W. Main Street, Room 101, Edna, TX 77957. There is no electronic way to satisfy this, and because the clerk's counter stays open through the lunch hour a midday drop-off works.
How much does it cost to file probate in Jackson County?
$360.00 to open the case. That is both the statewide statutory base fee, which is the same in every Texas county, and the figure Jackson County publishes: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)). Jackson County's fee schedule, effective January 1, 2024, prices every decedent's estate application at $360.00 and adds service items separately, including Citation $4.00, Service of Citation by Sheriff or Certified Mail $85.00, and a $40.00 posting charge on the county's sheriff and constable schedule of the same date. Letters cost $2.00 each plus $5.00 to certify and $1.00 per page of the order, and a later contested or adverse probate action is $120.00. Ask the clerk which service items your case needs. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
Do I have to pay a fee to file the inventory in Jackson County?
Not if you file it on time. Jackson County's fee schedule charges $27.00 for an "Inventory/Order Filed after 90 days from Oath", and that is the only inventory charge on it. The statute agrees: the fee for filing an inventory and appraisement "applies only if the instrument is filed after the 90th day after the date the personal representative has qualified to serve" or after any extension the court grants (Local Government Code § 118.056(d)). The inventory itself is due before the 91st day after the personal representative qualifies (Estates Code § 309.051(a)), and an independent executor whose estate has no unpaid debts other than secured debts, taxes and administration expenses may file an affidavit in lieu of the inventory instead (§ 309.056), which keeps the asset list out of the public record.
Are there local probate forms in Jackson County?
No. Jackson County publishes no probate application, order, oath, cover sheet, checklist or small estate affidavit template, and no local probate rules. The clerk's forms block covers assumed names, marks and brands, vital records and Social Security redaction only. Texas has no comprehensive set of probate procedure forms either, so the application, the proof of death and other facts, the order, the oath and the inventory are drafted documents. The county documents a probate reader will actually use are the clerk's fee schedule, which prints an effective date of January 1, 2024, and the Document Request Form for ordering copies from a file.
How do I look up or get a copy of a Jackson County probate case?
By asking the clerk, because there is no online probate search here. The Jackson County Clerk publishes no case-search portal and no records portal, and the iDocket link on the District Clerk's page covers district court records rather than estates. The clerk's own instruction is: "REQUESTS FOR DEED, OFFICIAL RECORDS, PROBATE or CRIMINAL RECORDS ... Please fill out the below form to request copies of deeds, probate records, criminal records, etc. and email to [email protected]. After we receive payment, we will send documents by mail or email as requested." The Document Request Form has a Probate line, copies are $1.00 per page, and the office says normal processing time is 1 to 2 business days. Documents e-filed in a Jackson County case may also be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents and states that it provides an unofficial copy with the clerk of the court as the official custodian; coverage is set county by county and Jackson's is not published.
Can I appear remotely for a probate hearing in Jackson County?
Nothing is published either way. Jackson County publishes no telephone or video appearance rule for the county court, and it publishes no probate docket day or docket start time. The remote-appearance instructions and docket lists that appear on the District Clerk's page belong to the 24th, 135th and 267th District Courts, which do not open estates, so do not rely on them for a probate setting. Ask the County Judge's office at 361-782-2352 or the County Clerk at 361-782-3563.
What happens if someone contests the will in Jackson 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 Jackson County Court continues to manage the rest of the estate (§ 32.003(g)). The district courts serving Jackson County are the 24th, 135th and 267th, each covering Calhoun, DeWitt, Goliad, Jackson, Refugio and Victoria counties (Government Code §§ 24.125, 24.237 and 24.444), and the county publishes all three courts' chambers in Victoria.
Do I have to travel to Edna to settle an estate in Jackson County?
For the hearing, probably yes. Jackson County publishes no remote appearance option for probate, and the County Judge hears the matter in Room 207 of the courthouse at 115 West Main. The rest can largely be handled at a distance: applications are e-filed through eFileTexas.gov, copies of anything in the file can be ordered by email on the clerk's Document Request Form at $1.00 per page, and questions go to 361-782-3563. The one other physical requirement is the original will, which must reach the County Clerk within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)). The counter is open Monday through Friday, 8:00 a.m. to 4:45 p.m., through the lunch hour.
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.