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San Saba County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The San Saba County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Government Code Chapter 25 contains no San Saba County entry, so the county has no statutory probate court and no county court at law, and the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). The county's own page names Judge Jody Fauley in that office, in Suite 201 of the courthouse, with a Judge's Court Administrator, Callie Uptain (verified August 2026) |
| Filing office | The San Saba County Clerk (Christi Whitley), who is the clerk of the county court (Texas Constitution article V, § 20). The same officer also serves as District Clerk: Government Code § 51.501(a) provides that a county with a population of less than 8,000 elects a single clerk to perform both sets of duties unless the voters keep the offices separate, and San Saba County's own County Clerk, District Clerk and Contact Us pages all show the combined arrangement in effect (verified August 2026). An estate is opened on the county clerk side of that office |
| Courthouse | San Saba County Clerk, 500 E. Wallace, Suite 202, San Saba, TX 76877, in the San Saba County Courthouse at 500 E Wallace Street. The County Judge is in Suite 201 of the same building |
| Mailing address | No post office box is published. The County Clerk's own instructions give the same street address for United States Postal Service mail and for FedEx or UPS: San Saba County Clerk, 500 E. Wallace St., Suite 202, San Saba, Texas 76877. The clerk asks filers who mail documents to include a self-addressed stamped envelope for the return |
| Phone | 325-372-3614 for the San Saba County Clerk, which is also the District Clerk line because one officer holds both offices. The County Judge's office is 325-372-3635 |
| Fax | 325-372-6484, the number the county's Contact Us page publishes for the County/District Clerk. The county publishes the same number for the County Judge and the Treasurer, so treat it as a courthouse fax and call before sending anything time-sensitive |
| Office hours | Monday through Thursday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.; Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., per the County Clerk's own page (verified August 2026). The office closes for lunch every day and closes an hour earlier on Friday |
| Filing fee | No probate fee schedule is published by San Saba County. The base court filing fee to open a probate case is set by Texas statute and is the same in every county: $360, made up of a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) and a $137 state consolidated fee (§ 133.151(a)(1)), amounts that took effect January 1, 2022 (S.B. 41, 87th Legislature). On top of that the clerk collects statutory per-service fees, including $8.00 to issue a citation (§ 118.059) and $2.00 for each Letters Testamentary or Letters of Administration (§ 118.061), and the sheriff or constable charges a posting or service fee set by the commissioners court (§ 118.131). Confirm the current total with the County Clerk at 325-372-3614 before you file |
| Local forms | None for probate. The County Clerk publishes birth and death certificate applications, an affidavit for those records, mark and brand forms and marriage license information, but no probate application, order, oath or inventory form, and no small estate affidavit template. Texas as a whole has no comprehensive set of probate procedure forms either, so those documents are drafted by you or your attorney |
| E-filing | Mandatory for attorneys, and the County Clerk's own page links the statewide system directly, describing eFileTexas.gov as the place for probate, civil and criminal court filings. The requirement is statewide (Supreme Court of Texas Misc. Docket No. 13-9164; Texas Rule of Civil Procedure 21(f)(1)) and has applied in every Texas county since July 1, 2016 at the latest. San Saba County publishes no local effective date and no local exception. Under the statewide rule an unrepresented party may e-file but is not required to, so a self-represented filer should call 325-372-3614 and ask what the office will accept on paper |
| Case search | None. San Saba County publishes no online probate case search and no online records search of any kind: the County Clerk's page routes real property filings to the counter or the mail and publishes no lookup portal. Documents e-filed in a San Saba probate case may 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 of the records. Coverage is set county by county and San Saba's is not published, so ask the County Clerk |
| Remote appearance | Not published. Neither the County Clerk's page nor the County Judge's page states a telephone or video appearance rule for probate. Ask the County Judge's office at 325-372-3635 before assuming a hearing can be attended remotely |
| Website | https://www.co.san-saba.tx.us/page/sansaba.County.Clerk (the San Saba County Clerk) and https://www.co.san-saba.tx.us/page/sansaba.County.Judge (the County Judge). The county's Contact Us page, which lists the clerk as County/District Clerk, is at https://www.co.san-saba.tx.us/page/sansaba.Contact |
Before you begin — know the assets and liabilities
Before you file anything in San Saba, 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 work the same way in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before your first filing matters more than usual here, because San Saba County publishes no probate forms, no probate fee schedule and no court calendar, so there is nothing local to correct a wrong assumption before it reaches the counter. The office also closes from 12:00 p.m. to 1:00 p.m. every day and at 4:00 p.m. on Friday, which is worth checking against your drive.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of San Saba 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. Ranch and mineral interests are common in this part of Texas and are easy to miss. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the San Saba County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The San Saba County Courthouse at 500 E Wallace Street in San Saba 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 Suite 202 and the County Judge sits in Suite 201 of the same building. The court serves every part of the county, including the city of San Saba, Richland Springs, Cherokee and the ranch country between them.
Venue is straightforward for a San Saba 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 San Saba County, the case belongs in the San Saba County Court even if they died in a hospital in Brownwood, Llano or Austin. 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 settled by absence: Government Code Chapter 25 contains no San Saba County entry at all, so the county has no statutory probate court and no county court at law. The San Saba County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. The other trial courts that sit in the courthouse are district courts: the 33rd Judicial District, composed of Blanco, Burnet, Llano and San Saba Counties (Government Code § 24.135), and the 424th Judicial District, composed of the same four counties and exercising jurisdiction concurrent with the 33rd (§ 24.568). Neither of them opens estates.
One local arrangement is worth knowing before you file anything. Government Code § 51.501(a) provides that a county with a population of less than 8,000 shall elect a single clerk to perform the duties of the district clerk and the county clerk, unless a majority of the county's voters keep the offices separate (§ 51.501(b)). San Saba County's own site shows the combined arrangement in effect: the County Clerk page and the District Clerk page name the same officer, Christi Whitley, with the same deputies, the same Suite 202 address and the same phone number, and the county's Contact Us page lists the office as County/District Clerk. That does not change where probate is filed. An estate is a county court matter and is opened on the county clerk side of the office; the district clerk side serves the 33rd and 424th District Courts.
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. In San Saba County the receiving district court would be the 33rd or the 424th.
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 published statewide, and San Saba 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. Style the case in the San Saba County Court, which is the court that has original probate jurisdiction here (Estates Code § 32.002(a)); the county has no probate court and no county court at law to name in a caption.
- File with the San Saba County Clerk, 500 E. Wallace, Suite 202, San Saba, TX 76877, or mail to the same address. Attorneys must e-file in probate matters through eFileTexas.gov, which is a statewide requirement (Supreme Court of Texas Misc. Docket No. 13-9164; Texas Rule of Civil Procedure 21(f)(1)) and which the County Clerk's own page links for probate, civil and criminal filings. An unrepresented party may e-file but is not required to; San Saba County publishes no local rule either way, so call 325-372-3614 to confirm what the office will accept on paper. If you mail anything, include a self-addressed stamped envelope, which is what the clerk asks for on its own filing instructions.
- 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)). Take or send the wet-ink original to 500 E. Wallace, Suite 202, San Saba, TX 76877, and remember the counter closes from 12:00 p.m. to 1:00 p.m. and at 4:00 p.m. on Friday.
- Pay the filing fee. The base is the statewide statutory amount, $360, made up of a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), amounts that took effect January 1, 2022 under S.B. 41, 87th Legislature. San Saba County publishes no probate fee schedule of its own, so call 325-372-3614 to confirm the current total. 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.
- Budget separately for citation, posting and publication. The clerk issues citation on an application to probate a will or for letters at the statutory fee of $8.00 per issuance (Local Government Code § 118.059), and the sheriff or a constable posts it for a fee the commissioners court sets, which may not be higher than is necessary to pay the expenses of providing the service (§ 118.131). Nothing is heard until the posting period has run and the return is on file, so build that into your timing. Newspaper publication of the notice to creditors is billed by the publisher, not the clerk.
- Ask the clerk about the hearing setting. San Saba County publishes no probate docket day, no court calendar and no filing-to-hearing interval, so call the County Clerk at 325-372-3614 when you file and ask how the County Judge's office sets probate hearings.
- Attend the hearing at the San Saba County Courthouse. The County Judge hears the matter in the courthouse at 500 E Wallace Street. No remote or virtual appearance rule is published for probate in San Saba County, so plan on the trip unless the County Judge's office at 325-372-3635 tells you otherwise.
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Each document costs $2.00 (Local Government Code § 118.061), so order enough sets for every bank, transfer agent and title company the estate has to deal with.
- Administer the estate and file what the statute requires. The steps that follow, including notice to beneficiaries after an order admitting a will (§ 308.002), the published notice to creditors within one month of receiving letters (§ 308.051), notice to secured creditors within two months (§ 308.053), and the inventory, which must be filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (§ 309.051(a)), are set by state statute and apply the same way in every Texas county. File them with the San Saba County Clerk. Where the estate is being 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).
Forms and documents
Probate forms in San Saba County
San Saba County publishes no probate forms. The County Clerk's page carries a birth and death certificate application, an affidavit for those records, mark and brand registration forms and marriage license information, and it publishes fee lists for vital records, marriage licenses, real property recording and UCC filings, but there is no probate application, no proposed order, no oath, no inventory form, no cover sheet and no small estate affidavit template. Texas as a whole has no comprehensive set of probate procedure forms published statewide either: the Texas Judicial Branch forms page carries only will forms, a transfer on death deed kit and civil forms in this area, and the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1), even though the Legislature directed it to (Estates Code chapters 205 and 257).
In practice that means every substantive document in a San Saba County estate is drafted. What the county does publish that a filer will actually use is the filing counter's own logistics: the Suite 202 address for filing in person or by mail, the request for a self-addressed stamped envelope on mailed filings, the office hours with the daily lunch closure and the early Friday close, and a link to eFileTexas.gov described as the route for probate, civil and criminal court filings. The one genuinely statewide procedural form a San Saba County filer may need is the fee waiver: the Statement of Inability to Afford Payment of Court Costs, required by Texas Rule of Civil Procedure 145 and published on the Texas Judicial Branch forms page.
| Resource | What it provides |
|---|---|
| San Saba County Clerk (co.san-saba.tx.us) | The filing office's own page: the Suite 202 address, the phone number, the office hours with the daily lunch closure and the early Friday close, the mail-filing instructions, the vital records, marriage, recording and UCC fee lists, and the link to the statewide electronic filing system for probate filings. No probate forms are listed |
| San Saba County Judge (co.san-saba.tx.us) | The office of the constitutional county court judge who hears probate matters here, in Suite 201, with the Judge's Court Administrator and the court's published Office of Court Administration appointments and fees reports |
| 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 for probate |
Local nuance
San Saba County-specific considerations
One officer, two clerkships, and probate belongs to the county side. Government Code § 51.501(a) requires a county with a population of less than 8,000 to elect a single clerk to perform the duties of the district clerk and the county clerk unless the voters keep the offices separate, and San Saba County's own pages show the combined arrangement in effect: the County Clerk and District Clerk pages both name Christi Whitley, with the same three deputy clerks, the same Suite 202 address and the same 325-372-3614 phone number, and the Contact Us page lists the office as County/District Clerk (verified August 2026). Practically, you are walking into one office either way. Legally, an estate is a county court matter and belongs on the county clerk side, and only a contested matter transferred under Estates Code § 32.003(a)(2) reaches the district courts.
The counter closes for lunch and closes early on Friday. The County Clerk's own page publishes 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Thursday, and 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. on Friday. In a county where many filers drive in from Richland Springs, Cherokee or out of county, the midday closure and the shorter Friday are the two most likely causes of a wasted trip. The clerk also publishes daily processing cutoffs for real property recordings, 4:30 p.m. earlier in the week and 3:30 p.m. on Friday, after which a recording is processed the next business day; the county states no equivalent cutoff for probate filings, so ask if you are arriving late in the day.
The clerk publishes an online payment channel, with a bureau code that differs between its two sides. The County Clerk's page gives Certified Payments bureau code 5791947, while the District Clerk's page gives 1160149. If you pay online for a county court matter, the county clerk's code is the one on the county clerk's page. San Saba County does not say what its online payment channel may be used for, so confirm with the clerk at 325-372-3614 before assuming a probate filing fee can be paid that way.
Photo identification is required at the counter for real property filings, and the county says so in statutory terms. Local Government Code § 191.010(b) provides that a county clerk shall require a person presenting a document in person for filing in the real property records of the county to present a photo identification, and San Saba County publishes that requirement on its clerk page. The statute and the county's notice are both limited to the real property records, so it is not a stated condition of filing a probate application, but a probate matter often ends with a deed being recorded at the same counter. Bring identification.
Real property documents are filed in person or by mail, with originals only. The County Clerk states that original documents with original signatures are required for recording and that the office will not accept a copy. That matters at the end of an estate, when a distributee or a title company records the instrument that moves San Saba County land, and it is a different posture from the electronic filing that attorneys must use for the court papers themselves.
The county court's appointment activity is published, and it is thin. The County Judge's page posts the San Saba County Court's own Office of Court Administration appointments and fees reports, covering attorney ad litem, guardian ad litem, guardian, mediator and competency evaluator appointments. The April 2025 report is a "No Activity" return. A reader should not read that as a promise about their own case, but it is a fair indication that court-appointed roles are rare in a county this size, and that an heirship or a contested matter needing an attorney ad litem is the exception rather than the routine here.
Recent updates
San Saba County publishes no dated changes to its probate practice: no new fee schedule, no office move, no new local rule and no new online search were found on the county's own site when this page was checked in August 2026. The clerk's page does carry a standing notice that in-person filings in the real property records require a photo identification, which tracks Local Government Code § 191.010(b), and the County Judge's page posts the county court's periodic appointments and fees reports.
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in San Saba County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the San Saba 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 San Saba County Court: an attorney e-files through eFileTexas.gov, an unrepresented filer should call the County Clerk at 325-372-3614 first, and the wet-ink original will must reach the clerk in Suite 202 within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)). Budget the statewide base fee of $360 (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus citation and posting charges, and confirm the total with the clerk, because the county publishes no schedule. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the San Saba County filing, in a county that publishes no forms to copy. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Much of this can be handled at a distance. Attorneys must e-file through eFileTexas.gov, and an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); San Saba County publishes no local carve-out either way, so call 325-372-3614 before mailing a paper filing, and include a self-addressed stamped envelope if you do mail one, as the clerk asks. Whether a court filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. Two things still tie the case to San Saba: the original will must reach the County Clerk within three business days of the application (Rule 21(f)(12)), and no remote appearance rule is published, so plan for a possible trip for the hearing. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time, which matters more where there is no local form, no published fee schedule and no online docket to check. Attorney referral where an in-person hearing 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 San Saba County Court. The parent applies, the clerk issues citation ($8.00 per issuance, Local Government Code § 118.059) and the sheriff or a constable posts it for a fee the commissioners court sets (§ 118.131), and at the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001). Order several sets of letters at $2.00 each (§ 118.061), because the title company will want a recent set. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)). When the deed is finally recorded, it must be an original with original signatures and presented with photo identification if filed in person. | Asset discovery for the child's accounts, insurance, vehicles and real property, including the ranch and mineral interests common in San Saba County. Packet generation for the administration and the inventory. Attorney referral where a sale, a mortgage payoff or a disagreement among heirs makes counsel worthwhile, which matters more here because a contested matter can be assigned to a statutory probate court judge or transferred to the 33rd or 424th District Court (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| San Saba County Clerk (co.san-saba.tx.us), 325-372-3614 | The filing office for estates in San Saba County: the Suite 202 address, the office hours with the daily lunch closure and the 4:00 p.m. Friday close, the mail-filing instructions and the link to the statewide electronic filing system. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| San Saba County Judge (co.san-saba.tx.us), 325-372-3635 | The office of the elected County Judge, who presides over the constitutional county court that hears probate here, in Suite 201 of the courthouse, with a Judge's Court Administrator and the court's published appointments and fees reports |
| San Saba County contact directory (co.san-saba.tx.us) | The county's own list of officeholders and numbers, including the County/District Clerk line and fax, which is the quickest way to confirm you are calling the right office |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is the route the San Saba County Clerk's own page links for probate filings; attorneys must use it, and an unrepresented party may but is not required to |
| 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 San Saba County Clerk |
| Legal Aid of NorthWest Texas, Brownwood office (legalaidtx.org), 325-646-8659 | Free civil legal help for eligible low-income residents. The Brownwood office's own Counties Served list names San Saba, along with Brown, Comanche, Coleman, McCulloch and Mills. Address: 300 North Fisk Ave., Brownwood, TX 76801; intake by phone during business hours, Monday through Friday 8 a.m. to 5 p.m.; statewide Legal Aid Line 1-888-529-5277. Confirm it can take a decedent's estate matter before relying on it |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation |
| TexasCourtHelp.gov | General information and videos about making your way through the Texas court system, published by the Texas Judicial Branch |
| 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 |
| 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 San Saba County, and the nearest entries in its Central Texas section are in Austin, Belton and Waco. The directory is curated rather than exhaustive, and it suggests trying a local public library where no law library is nearby |
| Rylander Memorial Library, San Saba (co.san-saba.tx.us), 325-372-3079 | The county's public library, 103 S. Live Oak, San Saba, TX 76877. Not a law library, but the practical local fallback for public computer and internet access when a filing has to be made or a form printed |
| 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 San Saba County estates are handled without a lawyer. Counsel earns its keep when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when real property has to be sold or divided, when the estate is insolvent or a creditor is pressing, when ranch land, mineral interests, a business or out-of-state property are involved, or when a guardianship has to run alongside the estate. Two local factors weigh in favor of an attorney more than they would in a metro county. First, San Saba County publishes no probate forms, no probate fee schedule and no court calendar, so there is no local template to work from and no published answer to check your assumptions against. Second, the contested-matter route matters: if a matter becomes contested, the County Judge may on the judge's own motion, and shall on the motion of any party, request the assignment of a statutory probate court judge or transfer the contested matter to the district court (Estates Code § 32.003(a)), and a motion for assignment filed before a transfer must be granted (§ 32.003(b)), which is a timing point that is easy to miss without counsel. County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving San Saba County and the surrounding Hill Country.
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, San Saba County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed at the courthouse.
Generate the probate packet. Sunset assembles the paperwork for your route, ready to file with the San Saba County Clerk in Suite 202, in a county that publishes no probate forms of its own to copy.
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 San Saba 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 San Saba County?
With the San Saba County Clerk at 500 E. Wallace, Suite 202, San Saba, TX 76877, phone 325-372-3614, in the San Saba County Courthouse at 500 E Wallace Street. The case is heard by the San Saba County Court, the constitutional county court, presided over by the elected County Judge, because San Saba County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in San Saba County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Does San Saba County have separate county and district clerks?
No. Government Code § 51.501(a) requires a county with a population of less than 8,000 to elect a single clerk to perform the duties of the district clerk and the county clerk, unless the voters keep the offices separate under subsection (b), and San Saba County's own pages show one officer, Christi Whitley, holding both offices at 500 E. Wallace, Suite 202, on the same phone line (verified August 2026). It does not change where probate goes: an estate is a county court matter, opened on the county clerk side of that office.
What are the San Saba County Clerk's office hours?
Monday through Thursday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., and Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., per the clerk's own page. The office closes for lunch every day and an hour earlier on Friday, which is the detail most likely to cost you a trip. The clerk also processes real property recordings received after 4:30 p.m., or 3:30 p.m. on Friday, the following business day.
Is e-filing required for probate in San Saba County?
For attorneys, yes. Attorneys must e-file in probate cases through eFileTexas.gov under the statewide mandate (Supreme Court of Texas Misc. Docket No. 13-9164; Texas Rule of Civil Procedure 21(f)(1)), which has applied in every Texas county since July 1, 2016 at the latest, and the San Saba County Clerk's own page links that system for probate, civil and criminal court filings. Under the same rule an unrepresented party may e-file but is not required to. San Saba County publishes no local exception either way, so if you are filing without a lawyer, call 325-372-3614 and ask what the office will accept.
What do I do with the original will in San Saba County?
You e-file a copy of the will with the application, 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)). Deliver or send it to 500 E. Wallace, Suite 202, San Saba, TX 76877. There is no electronic way to satisfy this.
How much does it cost to file probate in San Saba County?
The base is the statewide statutory fee of $360, made up of a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) and a $137 state consolidated fee (§ 133.151(a)(1)), amounts that took effect January 1, 2022 under S.B. 41, 87th Legislature. San Saba County publishes no probate fee schedule, so call the County Clerk at 325-372-3614 to confirm the current total, including the $8.00 citation issuance fee (§ 118.059) and the sheriff's posting charge (§ 118.131). Letters cost $2.00 each (§ 118.061). If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
Are there local probate forms in San Saba County?
No. The County Clerk publishes birth and death certificate applications, mark and brand forms and marriage license information, but no probate application, order, oath, inventory or small estate affidavit form, and Texas publishes no comprehensive set of probate procedure forms statewide either. Those documents are drafted by you or your attorney. The one statewide procedural form you may need is the Statement of Inability to Afford Payment of Court Costs, on the Texas Judicial Branch forms page.
How do I look up a San Saba County probate case online?
You cannot, from the county. San Saba County publishes no online probate case search and no online records search at all. Documents e-filed in a San Saba probate case may be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents, and states that it supplies an unofficial copy and that the clerk of the court is the official custodian of the records. Coverage is set county by county and San Saba's is not published, so for a definitive answer call the County Clerk at 325-372-3614 or ask at the counter in Suite 202.
What happens if someone contests the will in San Saba 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 motion for assignment filed before a transfer must be granted and blocks the transfer while it stands (§ 32.003(b)), and it may be filed before anything becomes contested (§ 32.003(c)). Meanwhile the San Saba County Court keeps managing the rest of the estate (§ 32.003(g)). The district courts sitting in San Saba County are the 33rd and the 424th, each composed of Blanco, Burnet, Llano and San Saba Counties (Government Code § 24.135 and § 24.568).
Do I have to travel to San Saba to settle an estate?
For the hearing, probably. San Saba County publishes no remote or virtual appearance rule for probate, so plan on the trip to the courthouse at 500 E Wallace Street unless the County Judge's office at 325-372-3635 tells you otherwise. The rest can largely be handled at a distance: attorneys file electronically through eFileTexas.gov, mailed filings go to 500 E. Wallace, Suite 202 with a self-addressed stamped envelope, and questions go to the County Clerk at 325-372-3614. The one other physical requirement is the original will, which must reach the clerk within three business days of an electronic application (Texas Rule of Civil Procedure 21(f)(12)).
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