Back to Texas
Orange County, TX Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Two County Courts at Law share concurrent original probate jurisdiction with the Orange County Court, the constitutional county court: the County Court at Law (Judge Mandy White-Rogers, Room 104) and the County Court at Law No. 2 (Judge Rodney Townsend, Room 203), both created by Government Code Section 25.1831 and both sitting at the county seat. Orange's own Section 25.1832 adds jurisdiction concurrent with the district court only in family law matters, not a probate carve-out, so both courts hold the general probate jurisdiction Government Code Section 25.0003(d) gives every statutory county court, concurrent with the Orange County Court (Estates Code Section 32.002(b)). In practice, the county's own administrative orders on the mandatory small estate affidavit form and on civil motion practice, which the latter states expressly covers probate matters, are issued in and for the County Court at Law, not County Court at Law No. 2; the county's attorney ad litem fee order was signed jointly by the judges of both county courts at law and the County Court |
| Filing office | The Orange County Clerk, Brandy Robertson (named on the Clerk's own Contact Us page, verified August 2026), who is the clerk of the county court (Texas Constitution article V, Section 20) and of both county courts at law. The Orange County District Clerk is a separate elected office serving the three district courts; it supports the county courts at law only in family law matters and does not open estates |
| Courthouse | Orange County Clerk's Office, 801 W. Division, Orange, TX 77630, in the annex attached to the east side of the main courthouse. The County Court at Law sits at 801 W Division Ave, Room 104; County Court at Law No. 2 sits at 801 W Division Ave, Room 203 |
| Mailing address | 123 S. 6th Street, Orange, TX 77630, the Administration Building. The Clerk's own page gives 801 W. Division as the physical address for FedEx or UPS deliveries |
| Phone | 409-882-7055 for the Orange County Clerk, or 409-769-2400 when calling from Vidor. Fax 409-882-7012 |
| Office hours | Monday, Tuesday, Thursday and Friday, 8:00 a.m. to 5:00 p.m.; Wednesday, 8:30 a.m. to 5:00 p.m. The Clerk's own Contact Us page adds a note that is genuinely unusual for a Texas county clerk: "We are open through the lunch hour" |
| Filing fee | $360.00 to open a probate or small estate case, the statewide statutory base fee: a $223 local consolidated fee (Local Government Code Section 135.102(a)(1)) plus a $137 state consolidated fee (Section 133.151(a)(1)). Orange County's own Probate Fees schedule, "Effective: January 1, 2022", lists "New Probate Case $360.00" and "New Small Estate Case $360.00", matching the statewide base exactly. A citation that must be posted adds an $8.00 issuing fee and an $80.00 sheriff's posting fee; a determination of heirship, a guardianship or certain property sales adds a $500.00 attorney ad litem fee |
| Local forms | Texas has no comprehensive statewide set of probate procedure forms, but Orange County requires its OWN small estate affidavit form: since October 1, 2016, the County Court at Law will not approve a Small Estate Affidavit unless the court's own approved form is used (Administrative Order 2016-1). The Clerk's Forms page also carries mandatory guardianship forms and a Statement of Inability to Afford Payment of Court Costs |
| E-filing | Mandatory for attorneys, in effect for all civil, probate and criminal cases per the Clerk's own e-filing page, filed through eFileTexas.gov. Orange County requires every document to be filed as its own lead document, exhibits merged into the same PDF rather than attached separately, and proposed orders filed in a separate envelope no more than 72 hours before the hearing. The Proof of Death, Order Probating Will, Oath and Bond are brought to the hearing in person, never e-filed |
| Case search | None for probate. Orange County's Online Records Search covers the Official Public Records of real property (1985 to present) and imaged deed books (1852 to 1985), a land-records portal, not a probate case index. The Clerk's own e-filing page instead points readers to the statewide re:SearchTX portal (research.txcourts.gov) for e-filed cases, which requires free registration, charges for documents, and provides only an unofficial copy of the record |
| Remote appearance | Not published for probate hearings. Neither county court at law's own page publishes a remote or telephonic appearance option; ask the Court Coordinator listed on each court's page |
| Website | https://www.co.orange.tx.us/departments/CountyClerk/ (the Orange County Clerk) and https://www.co.orange.tx.us/departments/CountyClerk/ProbateFees (the probate fee schedule); the county's administrative orders are at https://www.co.orange.tx.us/LocalRulesofCourtandAdministrativeOrders |
Before you begin — know the assets and liabilities
Before filing anything in Orange, know what is actually in the estate and what it owes. Which Texas route fits, whether an administration is needed at all, and whether Orange County's own mandatory small estate affidavit form applies, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and are the same in all 254 Texas counties; they are explained on the Texas state page. Getting the answer right before your first filing matters here because the County Court at Law will not approve a small estate affidavit unless the county's own form is used, and its e-filing system requires proposed orders in a separate envelope filed no more than 72 hours before a hearing. A wrong route or a missing form means starting over.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Orange County or out-of-county real property, along with every debt, before you apply. How each asset is titled decides whether it passes through the estate at all: survivorship accounts, accounts with a named beneficiary and land covered by a recorded transfer on death deed pass outside the estate and never reach either county court at law. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Orange County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
Venue is straightforward for an Orange 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 Section 33.001(a)(1)). 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 (Section 33.001(a)(2)).
Orange County has no single "probate court"; instead two county courts at law share the county's probate docket with the constitutional county court. Government Code Section 25.1831 creates "the County Court at Law of Orange County" and "the County Court at Law No. 2 of Orange County", both sitting at the county seat. Government Code Section 25.1832 adds only a jurisdiction concurrent with the district court in family law matters and in cases between spouses, parents and third persons; it creates no probate carve-out. That puts Orange in the ordinary category: unlike Harris County (Section 25.1032(a), which strips its civil courts at law of probate jurisdiction entirely), Parker County (Section 25.1863, which reroutes contested probate to the county courts at law and the district court), and Hood County (Section 25.1132, which does the same), Orange County's two courts at law keep the general probate jurisdiction Government Code Section 25.0003(d) gives every statutory county court, concurrent with the Orange County Court (Estates Code Section 32.002(b)).
In practice, Orange County's own paperwork treats the County Court at Law, presided over by Judge Mandy White-Rogers, as the probate docket: the county's 2019 administrative order on civil motion practice states it applies to "all civil matters filed in the County Court at Law of Orange County, including, but not limited to, probate matters", and the county's mandatory small estate affidavit order is likewise issued in and for the County Court at Law, not County Court at Law No. 2. The county's attorney ad litem fee order, by contrast, was signed jointly by the judges of the County Court at Law, County Court at Law No. 2 and the County Court, so that fee applies whichever court hears the case. Confirm with the Orange County Clerk which docket a given filing will land on.
If a matter in a probate proceeding becomes contested, the constitutional County Court does not necessarily keep it. Under Estates Code Section 32.004, in a county with a county court at law exercising 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, transfer the contested matter to the county court at law, and the judge may also transfer the entire proceeding to the county court at law. Orange County has two county courts at law available for that transfer; ask the Orange County Clerk or the County Judge's office which one a given case would go to.
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, using Orange County's own form where one is required. Texas has no comprehensive statewide set of probate procedure forms, so the application, the proof of death and other facts, the proposed order, the oath and the inventory are drafted documents, with one significant local exception: since October 1, 2016 the County Court at Law will not approve a Small Estate Affidavit filed under Estates Code chapter 205 unless it is on the court's own approved form (Administrative Order 2016-1), available from the Orange County Clerk's Office and its Forms page.
- E-file the application through eFileTexas.gov, one document per lead filing. Attorneys must e-file civil, probate and criminal documents in Orange County, and a self-represented filer may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Orange County's own rule is stricter on format: exhibits must be merged into the same PDF as the document they belong with, never submitted as attachments, and each new document needs its own lead filing in the envelope.
- Bring the original will and the hearing documents in person rather than e-filing them. Statewide, 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)). Orange County's own e-filing page goes further for the hearing itself: "Please bring the Proof of Death, Order Probating Will, Oath and Bond with you to the hearing. Do not e-file these documents."
- File any proposed order in its own envelope, timed to the hearing. Orange County requires that "all proposed orders must be filed in a separate envelope so they can be forwarded to the court" and warns: "Do not submit your proposed orders more than 72 hours before the hearing date." The clerk forwards the envelope to the court for the judge's signature, then returns it to the clerk's office for acceptance.
- Pay the filing fee and any citation and posting costs. Orange County's own schedule lists "New Probate Case $360.00" and "New Small Estate Case $360.00", the statewide statutory base ($223 under Local Government Code Section 135.102(a)(1) plus $137 under Section 133.151(a)(1)). If a citation must be posted rather than served personally, add the $8.00 issuing fee and the $80.00 sheriff's posting fee. A determination of heirship, a guardianship, or certain property sales also carries a $500.00 attorney ad litem fee, which the county's own administrative order requires be collected up front as a cost of court. A filer who cannot pay files a Statement of Inability to Afford Payment of Court Costs, on the Clerk's Forms page.
- Let the court set the hearing. Neither Orange County court at law publishes a fixed weekly probate docket day or a filing-to-hearing window, so confirm timing with the Court Coordinator for the County Court at Law (409-882-7084) or County Court at Law No. 2 (409-670-4189).
- Attend the hearing at the courthouse annex, 801 W Division Ave, Room 104 for the County Court at Law or Room 203 for County Court at Law No. 2, with the proposed proof of death, order, oath and bond as physical documents. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code Section 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (Section 306.002). Each set of Letters Testamentary, Administration or Guardianship costs $2.00 (Local Government Code Section 118.061, matching Orange County's own fee schedule), so order enough 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 are set by state statute and apply the same way in every Texas county: notice to beneficiaries after an order admitting a will (Section 308.002), published notice to creditors within one month of receiving letters (Section 308.051), notice to secured creditors within two months (Section 308.053), and the inventory, appraisement and list of claims, filed with the Orange County Clerk before the 91st day after the personal representative qualifies unless the court grants a longer period (Section 309.051(a)). Orange County's own fee schedule confirms the $25.00 inventory fee is a late-filing charge that "is only assessed after the 90th day after the date the personal representative has qualified to serve" (Local Government Code Section 118.056(d)), never a routine cost of filing on time. 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 Orange County
Orange County publishes no county application to probate a will, no county order, oath or general inventory template, and Texas as a whole has no comprehensive statewide 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 Section 22.020(b)(1) (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 general inventory in an Orange County estate are drafted documents.
Orange County is the exception on one form, and it is mandatory. Since Administrative Order 2016-1, effective for filings after October 1, 2016, "the County Court at Law will not approve any Small Estate Affidavits filed ... unless the Court's approved form is used", because the court found that "the majority of the Small Estate Affidavits filed in Orange County do not provide all of the information the Code and the Court require." The approved form, an Order Approving Small Estate Affidavit, and a checklist are on the Clerk's Forms page and available in the Orange County Clerk's Office.
Orange County also publishes mandatory forms for guardianship, which sometimes runs alongside an estate: an Annual Report on the Condition and Well-Being of the Ward, required in the court's own approved form since January 1, 2018 (Administrative Order 2017-1), plus an Income and Expenses Worksheet, a Representative Payee Report and separate instruction sheets for a Guardian of the Person and a Guardian of the Estate. For any contested motion in the County Court at Law, including a probate matter, a Certificate of Conference is required before a hearing will be set (Administrative Order 2019-1), and an Order to Report Authorization of Court-Appointed Fees must be filed with any order authorizing payment to a court-appointed attorney ad litem, guardian ad litem, guardian, mediator or competency evaluator.
| Resource | What it provides |
|---|---|
| Orange County Clerk Forms page (co.orange.tx.us) | The county's own Small Estate Affidavit and Checklist, Order Approving Small Estate Affidavit, guardianship annual report forms, Certificate of Conference, Order to Report Authorization of Court-Appointed Fees, and the Statement of Inability to Afford Payment of Court Costs. The Clerk's office cannot help fill out any of them |
| Local Rules of Court and Administrative Orders (co.orange.tx.us) | The administrative orders themselves: 2016-1 (mandatory Small Estate Affidavit form, effective for filings after October 1, 2016), 2017-1 (mandatory guardianship annual report form, effective January 1, 2018), 2019-1 (Certificate of Conference required for civil and probate motions) and the 2015 order setting the $500.00 attorney ad litem fee |
| Orange County Clerk E-Filing page (co.orange.tx.us) | The county's own e-filing business processes, last updated November 3, 2025: lead-document filing, the 72-hour rule for proposed orders, and the instruction to bring the Proof of Death, Order Probating Will, Oath and Bond to the hearing rather than e-file them |
| 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 general inventory form |
Fees
Orange County publishes its own itemized Probate Fees schedule, "Effective: January 1, 2022", which matches the statewide statutory base exactly; that date is not stale, because January 1, 2022 is when the current $223 and $137 consolidated amounts took effect statewide (S.B. 41, 87th Legislature). A separate Miscellaneous Fees schedule, effective January 1, 2024, covers related filings such as depositing a will for safekeeping.
| Item | Amount | Authority or source |
|---|---|---|
| Opening a probate case or a small estate case | $360.00 | Orange County's Probate Fees schedule ("New Probate Case $360.00", "New Small Estate Case $360.00", effective January 1, 2022), matching the statewide statutory base: a $223 local consolidated fee (Local Government Code Section 135.102(a)(1)) plus a $137 state consolidated fee (Section 133.151(a)(1)) |
| Citation issued and returned to the attorney for personal service | $8.00 | Orange County's Probate Fees schedule; matches the statutory issuing-document fee (Local Government Code Section 118.059) |
| General citation posted by the Sheriff | $8.00 issuing plus $80.00 posting | Orange County's Probate Fees schedule. The $80.00 sheriff's posting fee is set locally under Local Government Code Section 118.131, which caps it at what is necessary to pay for the service |
| Realistic cost to open a case with a posted citation | $448.00 | Orange County's own three figures added together: $360.00 plus $8.00 plus $80.00 |
| Realistic cost to open a case with personal service to the attorney | $368.00 | Orange County's own two figures added together: $360.00 plus $8.00 |
| Attorney ad litem fee | $500.00 | Orange County's own administrative order (November 2015) and its Probate Fees schedule, for a determination of heirship, a guardianship, a sale of property of a minor or ward without guardianship, or a small estate affidavit where the court decides an ad litem is needed. Collected up front as a cost of court |
| Guardianship case, all in | $860.00 | Orange County's Probate Fees schedule: the $360.00 base plus the $500.00 attorney ad litem fee |
| Inventory, appraisement and list of claims filed late | $25.00 | Late-filing fee only. Orange County's own schedule states the fee "is only assessed after the 90th day after the date the personal representative has qualified to serve", or after a court-granted extended deadline (Local Government Code Section 118.056(d)). A timely inventory, filed before the 91st day after qualifying (Estates Code Section 309.051(a)), carries no clerk's fee |
| Letters Testamentary, Administration or Guardianship | $2.00 each | Orange County's Probate Fees schedule, matching the statutory per-document fee (Local Government Code Section 118.061) |
| Claim against an estate | $10.00 | Orange County's Probate Fees schedule, matching Local Government Code Section 118.058 |
| Probate search, per name | $5.00 | Orange County's Probate Fees schedule |
| Will deposited for safekeeping | $25.00 | Orange County's Miscellaneous Fees schedule, effective January 1, 2024. The page explains most fees already include a $10.00 Records Preservation Fee and a $10.00 Records Archive Fee added to the base charge; the underlying statutory deposit fee is $5.00 (Local Government Code Section 118.062) |
| Later contested or adverse probate action, or a counterclaim | $120.00 | Orange County's Probate Fees schedule ("Contest / Adverse Action / Counter Claim $120.00"), matching $75 under Local Government Code Section 135.102(a)(2) plus $45 under Section 133.151(a)(2) |
| Annual or final account, annual or final guardian's report, or an application to sell property | $25.00 (account or sale application) or $10.00 (guardian's report), plus citation and posting if applicable | Orange County's own schedule states these fees, and the citation and posting add-ons, apply only after the filing of an order approving the inventory or after the 120th day after the initial filing, whichever occurs first (Local Government Code Section 118.056), never up front |
| Electronic filing charges | Set by the vendor, not by Orange 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 |
| If you cannot afford the fee | No cost | File a Statement of Inability to Afford Payment of Court Costs, on the Orange County Clerk's Forms page and required by Texas Rule of Civil Procedure 145 |
Two cautions. The base $360.00 is fixed by statute and identical in all 254 Texas counties, so a materially higher figure is either a total that includes citation, posting or ad litem costs, as Orange County's $448.00 and $860.00 examples do, or it is out of date. And several add-on fees, including the inventory late fee and the annual-account and property-sale fees, attach only after a deadline has passed; Orange County's own schedule is unusually explicit about this and a filer should not pay them up front.
Local nuance
Orange County-specific considerations
Two county courts at law, one probate docket in practice. Orange County has both a County Court at Law and a County Court at Law No. 2, and Government Code Section 25.1832 gives neither a special probate carve-out, unlike the provisions that apply to Harris, Parker and Hood Counties. But the county's own administrative orders on the mandatory small estate affidavit form and on civil motion practice name only "the County Court at Law", not "County Court at Law No. 2", and the 2019 order states it governs "all civil matters filed in the County Court at Law of Orange County, including, but not limited to, probate matters." The attorney ad litem fee order is the exception: it was signed jointly by the judges of both county courts at law and the County Court. Confirm with the Orange County Clerk which docket a filing will land on.
The small estate affidavit must be on the court's own form. Since October 1, 2016, "the County Court at Law will not approve any Small Estate Affidavits filed ... unless the Court's approved form is used", because too many affidavits filed on other forms were missing information the Estates Code and the court require (Administrative Order 2016-1). Pick up the court's form from the Orange County Clerk's Office or its Forms page before drafting one from a template found elsewhere.
Proposed orders have their own envelope and their own clock. Orange County's e-filing rules require all proposed orders to be filed in a separate envelope from the application, and warn filers: "Do not submit your proposed orders more than 72 hours before the hearing date." The Proof of Death, the Order Probating Will, the Oath and the Bond are never e-filed at all; the county's own instruction is to bring them to the hearing in person.
Wednesday hours are different, and there is no lunch closure. The Orange County Clerk opens at 8:30 a.m. on Wednesdays instead of 8:00 a.m., and its own Contact Us page states plainly: "We are open through the lunch hour." Most Texas county clerks close for lunch; Orange County's counter does not.
A photo ID requirement newly reaches some probate-adjacent filings. The Orange County Clerk's page states that, due to Senate Bill 16, the office "will require a valid photo ID upon presentation of all in person documents being filed in the Official Public Records of Real Property." That records set is where a small estate affidavit transferring a homestead must be recorded (Estates Code Section 205.006(a)), so anyone recording one in person in Orange County should bring photo identification.
An attorney ad litem fee is collected up front, not just for guardianships. Orange County's own administrative order requires the Clerk to collect $500.00 as a cost of court before the case proceeds in a determination of heirship, a guardianship, a sale of a minor's or ward's property without guardianship, or a small estate affidavit where the court decides an ad litem is needed. Filers should not be surprised by it appearing at intake.
Recent updates
| Change | What it means in Orange County |
|---|---|
| E-Filing Business Processes document updated November 3, 2025 | The Orange County Clerk's e-filing page carries its lead-document rule, the 72-hour proposed-order rule, and the instruction to bring the Proof of Death, Order Probating Will, Oath and Bond to the hearing rather than e-file them |
| Photo ID now required for in-person filings in the Official Public Records of Real Property, per Senate Bill 16 | Relevant to a small estate affidavit transferring a homestead, which must be recorded in the deed records (Estates Code Section 205.006(a)); bring photo identification if recording one in person |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Orange County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Orange or Bridge City-area home was held with a right of survivorship or passed under a recorded transfer on death deed, it goes to the survivor outside the estate and neither county court at law is involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies in whichever of Orange County's two courts at law is currently handling probate, in practice the County Court at Law; the application goes in through eFileTexas.gov with a copy of the will, the original will follows within three business days (Texas Rule of Civil Procedure 21(f)(12)), and any proposed order is filed no more than 72 hours before the hearing. Budget $360.00 to $368.00 for an uncontested filing (Local Government Code Section 135.102(a)(1); Section 133.151(a)(1)). | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation drafted to Orange County's own lead-document and proposed-order rules. 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, with one Orange County-specific catch: if the estate qualifies for a small estate affidavit under Estates Code chapter 205, it must be on the county's own court-approved form, not a generic template, or the County Court at Law will not approve it (Administrative Order 2016-1). Attorneys must e-file through eFileTexas.gov; a self-represented filer may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Whether a filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. The physical requirements that still tie a filer to Orange are the original will, due to the Clerk within three business days of an e-filed application (Texas Rule of Civil Procedure 21(f)(12)), and, if a hearing is set, the Proof of Death, Order, Oath and Bond, which the county says to bring in person rather than e-file. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation using Orange County's own mandatory small estate affidavit form where that route applies. Attorney referral where an in-person step 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 one of Orange County's courts at law. The parent applies, a citation is issued and, if it must be posted rather than served personally, the Sheriff posts it for an $80.00 fee on top of the $8.00 issuing fee; at the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code Section 306.002), or Letters Testamentary if there is a will (Section 306.001), at $2.00 per certified set (Local Government Code Section 118.061). An Application for Sale of Real or Personal Property carries its own $25.00 fee, assessed only after the inventory is approved or the 120th day after filing, whichever comes first (Local Government Code Section 118.056), so it is not an up-front cost. The inventory itself is due before the 91st day after the personal representative qualifies (Estates Code Section 309.051(a)); filed late, it draws a separate $25.00 fee (Section 118.056(d)). | Asset discovery for the child's accounts, insurance and real property. Packet generation for the administration, the inventory and the sale application. 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 transferred to either of Orange County's courts at law (Estates Code Section 32.004). |
Self-help resources
| Resource | What it offers |
|---|---|
| Orange County Clerk (co.orange.tx.us), 409-882-7055 (409-769-2400 from Vidor) | The filing office for estates in Orange County: County Clerk Brandy Robertson, the 801 W. Division address, the 123 S. 6th Street mailing address, hours, fax and email. Clerk staff can explain procedure but cannot give legal advice or help fill out a form |
| County Court at Law (co.orange.tx.us), Court Coordinator Jessica Myers, 409-882-7084 | Judge Mandy White-Rogers's court, Room 104, 801 W Division Ave. In practice, the docket the county's own administrative orders treat as handling probate matters |
| County Court at Law No. 2 (co.orange.tx.us), Court Coordinator Darlene Guy, 409-670-4189 | Judge Rodney Townsend's court, Room 203, 801 W Division Ave, sharing concurrent original probate jurisdiction |
| Local Rules of Court and Administrative Orders (co.orange.tx.us) | The county's mandatory small estate affidavit order, the guardianship annual report order, the Certificate of Conference order and the attorney ad litem fee order |
| eFileTexas.gov | Registration for the statewide electronic filing system and the list of certified electronic filing service providers. This is where an Orange County probate application is filed |
| re:SearchTX (research.txcourts.gov) | The statewide court records portal the Orange County Clerk's own e-filing page directs readers to for e-filed cases. Free registration is required, documents are charged for, and the portal states it provides an unofficial copy and that the clerk of the court is the official custodian |
| 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: 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 |
| 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. Useful for orientation; it is not a court site and its materials are not court-approved forms |
| Lone Star Legal Aid, Beaumont office (lonestarlegal.org), (409) 835-4971 or toll free (800) 365-1861 | Free civil legal help for eligible low-income residents. The Beaumont office, 1965 Park Street, Beaumont, TX 77701, serves Hardin, Jefferson, Liberty and Orange Counties, with intake hours 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 3:30 p.m. Monday through Thursday. 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 Orange or neighbouring Jefferson County; the nearest listed entry in the Southeast Texas region is the Liberty County Law Library, 1915 Trinity Street, Liberty, Texas 77575, (936) 336-4610. 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, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309 |
When to hire an attorney
Plenty of uncontested Orange County estates are handled without a lawyer, but a few local features raise the stakes of doing it alone. Counsel earns its keep when a will or an appointment is likely to be challenged, when there is no will and heirs have to be determined, when real property has to be sold or divided, when the estate is insolvent or a creditor is pressing, or when a guardianship runs alongside the estate. Two Orange County wrinkles matter more here than in many counties. First, a small estate affidavit that is not on the county's own approved form will not be approved by the County Court at Law, a fact the court's own administrative order says exists because too many self-drafted affidavits were incomplete. Second, Orange County collects a $500.00 attorney ad litem fee up front in a determination of heirship, a guardianship, or certain property sales, and a contested matter can be transferred to either of the county's two courts at law (Estates Code Section 32.004), which is a fact easy to miss without counsel guiding the choice of forum. Orange County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Orange County and Southeast Texas.
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, Orange County real property and unclaimed property, so you know what the estate holds during estate settlement and which route fits before anything is filed at the courthouse annex on West Division.
Generate the probate packet. Sunset assembles the paperwork for your route, drafted to Orange County's own requirements, including the court's mandatory Small Estate Affidavit form where that route applies and the separate lead documents and proposed-order envelope its e-filing system requires, ready to file with the Orange County Clerk.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, including a decision about which of Orange County's two courts at law should hear it, Sunset connects families to a vetted Texas probate attorney serving Orange 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 Orange County?
With the Orange County Clerk at 801 W. Division, Orange, TX 77630. Orange County has two County Courts at Law, both sharing concurrent original probate jurisdiction with the Orange County Court, the constitutional county court (Estates Code Section 32.002(b)); in practice, the county's own administrative orders on small estate affidavits and on civil and probate motion practice run through the County Court at Law rather than County Court at Law No. 2. File in Orange County if the decedent lived here and had a domicile or fixed place of residence in Texas (Section 33.001(a)(1)).
Is e-filing required for probate in Orange County?
For attorneys, yes. The Orange County Clerk's own e-filing page states that "Mandatory e-filing is now in effect for all court cases (Civil, Probate and Criminal)" for attorneys, filed through eFileTexas.gov. A self-represented filer may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Orange County's own rule is stricter on format: every document must be its own lead filing, and exhibits must be merged into the same PDF as the document they belong with rather than attached separately.
What do I do with the original will and the hearing documents in Orange County?
Bring them in person rather than e-filing them. Statewide, 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)). Orange County's own e-filing page goes further for the hearing itself: "Please bring the Proof of Death, Order Probating Will, Oath and Bond with you to the hearing. Do not e-file these documents."
Does Orange County require its own small estate affidavit form?
Yes. Since October 1, 2016, the County Court at Law "will not approve any Small Estate Affidavits filed ... unless the Court's approved form is used" (Administrative Order 2016-1), because too many self-drafted affidavits were missing information the Estates Code and the court require. Pick up the county's form and checklist from the Orange County Clerk's Office or its Forms page.
How much does it cost to file probate in Orange County?
$360.00 to open a probate or small estate case, the statewide statutory base fee: a $223 local consolidated fee (Local Government Code Section 135.102(a)(1)) plus a $137 state consolidated fee (Section 133.151(a)(1)). Orange County's own fee schedule, effective January 1, 2022, matches that figure exactly. Add $8.00 to issue a citation and, if it must be posted rather than served personally, an $80.00 sheriff's posting fee, for a realistic $448.00; a determination of heirship, a guardianship or certain property sales adds a $500.00 attorney ad litem fee. A later contested or adverse probate action is $120.00 (Section 135.102(a)(2); Section 133.151(a)(2)). If you cannot afford the fee, file a Statement of Inability to Afford Payment of Court Costs.
Are there local probate forms in Orange County?
Mostly no, with one significant exception. Texas has no comprehensive statewide set of probate procedure forms, and Orange County publishes no application, order, oath or general inventory template of its own, so those are drafted documents. The exception is the small estate affidavit, which must be on the county's own court-approved form (Administrative Order 2016-1). The county also publishes mandatory guardianship annual-report forms and a Certificate of Conference required before a contested motion can be heard.
How do I look up a probate case online in Orange County?
Orange County publishes no online probate case search. Its Online Records Search portal covers the Official Public Records of real property (1985 to present) and imaged deed books (1852 to 1985), which are land records, not estates. The Clerk's own e-filing page points readers instead to the statewide re:SearchTX portal for e-filed cases, which requires free registration, charges for documents, and provides only an unofficial copy; the clerk of the court remains the official custodian. For a definitive answer, or to have the Clerk's office run a name search for a $5.00 fee, contact the Orange County Clerk.
What happens if someone contests probate in Orange County?
The case does not necessarily stay with the constitutional County Judge. Under Estates Code Section 32.004, when a matter in a probate proceeding is contested, the judge of the Orange County Court may, on the judge's own motion, or shall, on the motion of any party, transfer the contested matter to a county court at law, and may transfer the entire proceeding there as well. Orange County has two county courts at law available for that transfer, the County Court at Law and County Court at Law No. 2; ask the Orange County Clerk which one a given case would go to.
Do I have to travel to Orange to settle an estate in Orange County?
For the hearing and to deliver the original will, yes. Orange County's e-filing system handles most paperwork electronically, but the original will must reach the Clerk within three business days of an e-filed application (Texas Rule of Civil Procedure 21(f)(12)), and the county's own instructions are to bring the Proof of Death, Order, Oath and Bond to the hearing in person rather than e-file them. The Clerk's counter, at 801 W. Division, is open Monday, Tuesday, Thursday and Friday from 8:00 a.m. to 5:00 p.m. and Wednesday from 8:30 a.m. to 5:00 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.