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Starr County, TX Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | The County Court at Law of Starr County (Government Code Sec. 25.2161), sharing concurrent original probate jurisdiction with the Starr County Court, the constitutional county court (Estates Code Sec. 32.002(b); Government Code Sec. 25.0003(d)). Starr County has no statutory probate court. The elected County Judge presides over the constitutional county court |
| Filing office | The Starr County Clerk, whose own page describes its duties as serving "the county court, county courts at law" and keeping records including wills. Government Code Sec. 25.2162(i) routes only family law and real-property-title matters of concurrent district-court jurisdiction to the District Clerk; probate is not among them, so the County Clerk remains the correct filing office |
| Courthouse | Starr County Courthouse, 401 N. Britton Avenue, Room 201, Rio Grande City, TX 78582 |
| Mailing address | None published separately. Mail goes to 401 N. Britton Avenue, Room 201, Rio Grande City, TX 78582 |
| Phone | 956-716-4800 x2009 for the County Clerk's own line, per the clerk's page. The county's small estate affidavit instructions separately list 956-716-4800 ext. 8032 or 4828 for probate questions |
| Fax | 956-487-8674, per the County Clerk's own page |
| Office hours | Not published on the county's site. Call ahead to confirm the counter's hours before visiting |
| Filing fee | The statewide base to open a probate case is $360.00: a $223 local consolidated fee (Local Government Code Sec. 135.102(a)(1)) plus a $137 state consolidated fee (Sec. 133.151(a)(1)), both in effect since January 1, 2022 under S.B. 41. Starr County's own published figure is for the small estate affidavit route specifically: "Cost is $265.00 and must be submitted when the Affidavit is filed," which includes one certified copy of the affidavit and order. No general probate filing-fee schedule is published; confirm the current total with the County Clerk before you file |
| Local forms | None for a general probate application. Texas has no comprehensive statewide set of probate procedure forms, and Starr County publishes no county application, order, oath, or general probate cover sheet. The county does publish its own small estate affidavit instructions |
| E-filing | Mandatory for attorneys. Attorney e-filing in probate cases has been mandatory everywhere in Texas since July 1, 2016 at the latest, under Supreme Court of Texas Misc. Docket No. 13-9164, through eFileTexas.gov. Starr County publishes no county-specific e-filing date or local e-filing rule. Its own site does describe e-recording of real property documents through CSC Global or Simplifile, which covers deed recording, not probate court filings |
| Case search | None published for probate. The county's own recording fee schedule links a real-property records search (starrtx.search.kofile.com), which indexes deeds, not estates. No probate-specific online case search is published by the county; probate documents e-filed in Starr County may be reachable through the statewide re:SearchTX portal, which requires free registration and charges for documents |
| Remote appearance | Not published. Starr County publishes no remote-appearance rule for probate hearings; ask the County Clerk |
| Website | https://www.co.starr.tx.us/page/starr.County.Clerk (the Starr County Clerk) |
Before you begin — know the assets and liabilities
Before you file anything in Rio Grande City, know what is actually in the estate and what it owes. Which Texas route fits, and whether an administration is needed at all, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and are the same in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before your first filing matters here because Starr County publishes a specific, discounted cost only for the small estate affidavit route ($265.00, including one certified copy), while a general probate application carries the statewide $360.00 base plus citation and service costs, so knowing which route fits changes what you should expect to pay.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle, and parcel of Starr County or out-of-county real property, along with every debt, before you apply. How each asset is titled decides whether it passes through the estate at all: survivorship accounts, accounts with a named beneficiary, and land covered by a recorded transfer on death deed pass outside the estate and never reach the county court. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Starr County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Starr County Courthouse at 401 N. Britton Avenue in Rio Grande City is the probate filing location for the whole county. The County Clerk's office serves the constitutional county court and the county courts at law alike, and Starr County has no statutory probate court and no satellite probate counter. Attorneys generally must e-file, so most of the paperwork in an uncontested estate can be handled without a trip to Rio Grande City, but the original will and, once a hearing is set, an in-person appearance still require dealing with the county.
Venue is straightforward for a Starr 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 Sec. 33.001(a)(1)). If the person lived in Starr County, the case belongs here, even if they died in a hospital in McAllen or Laredo. 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 (Sec. 33.001(a)(2)).
Which court hears the case is genuinely more complex here than in most small Texas counties. Starr County has one statutory county court, the County Court at Law of Starr County (Government Code Sec. 25.2161), and Government Code Sec. 25.2162 grants that court concurrent jurisdiction with the district court only over family law cases and controversies involving title to real property; it carries no probate-specific carve-out. Probate jurisdiction instead comes from the general grant to every statutory county court under Government Code Sec. 25.0003(d), so the County Court at Law of Starr County and the Starr County Court have concurrent original probate jurisdiction (Estates Code Sec. 32.002(b)). Filings still go to the County Clerk: Sec. 25.2162(i) sends only the family law and real-property-title matters of concurrent district-court jurisdiction to the District Clerk, and reserves "all other matters," including probate, to the County Clerk.
If a matter in the proceeding becomes contested, the mechanism is a transfer, not an assignment. In a county with a county court at law exercising original probate jurisdiction, Estates Code Sec. 32.004 governs: 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 may also transfer the entire proceeding to that court. This is a different mechanism from the assignment-or-district-court route that Sec. 32.003 provides in a county with only a constitutional county court; in Starr County, Sec. 32.004 is the provision that governs a contested matter.
The jurisdiction process
- Confirm the route and gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the names and addresses of the people who inherit, and a list of assets and debts with values. A person named in a will to settle the estate is an executor; a person appointed by the court where there is no will, or where no named executor qualifies, is an administrator; the Texas Estates Code's umbrella term for either is personal representative.
- Draft the papers yourself or with an attorney. Texas has no comprehensive statewide set of probate procedure forms and Starr County publishes none for a general application, so the application, the proof of death and other facts, the proposed order, the oath, and the inventory are drafted documents, except for the small estate affidavit route, where the county's own instructions walk through what each question on the affidavit requires.
- File with the Starr County Clerk at 401 N. Britton Avenue, Room 201, Rio Grande City, TX 78582. Attorneys must e-file in probate matters under the statewide mandate, in effect everywhere in Texas since July 1, 2016 at the latest (Misc. Docket No. 13-9164); an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Call 956-716-4800 x2009, or ext. 8032 or 4828 for probate questions, before filing 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)).
- Pay the filing fee. If the small estate affidavit fits, Starr County's own instructions state the cost plainly: "Cost is $265.00 and must be submitted when the Affidavit is filed," which includes one certified copy of the affidavit and order. For a general probate application, budget the statewide $360.00 base (Local Government Code Sec. 135.102(a)(1); Sec. 133.151(a)(1)) plus citation and service costs, and confirm the current total with the County Clerk. 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.
- For a small estate affidavit, complete the sworn statement with two disinterested witnesses and every distributee with legal capacity. Starr County's own instructions specify listing every heir with an address and percentage of interest, listing assets and liabilities (assets must not exceed $75,000, excluding homestead, per Estates Code Sec. 205.001), and having all signatures notarized. "The court will notify an applicant should a hearing be requested."
- For a will or administration, wait out the citation period and attend the hearing. Starr County publishes no filing-to-hearing window, docket day, or remote-appearance rule; confirm timing directly with the County Clerk.
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code Sec. 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (Sec. 306.002).
- Administer the estate and file what the statute requires. Notice to beneficiaries after an order admitting a will (Sec. 308.002), the published notice to creditors within one month of receiving letters (Sec. 308.051), notice to secured creditors within two months (Sec. 308.053), and the inventory, filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (Sec. 309.051(a)), are set by state statute and apply the same way in every Texas county. 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 Starr County
Starr County publishes no general probate application, order, oath, or cover sheet, and 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 Sec. 22.020(b)(1) (Estates Code chapters 205 and 257).
The one document Starr County DOES publish that is specific to probate is its own instructions for the small estate affidavit, signed by County Clerk Humberto "Bert" Gonzalez, Jr. They walk through what each numbered question on the affidavit requires, state the $265.00 cost, and note that a hearing will be scheduled only if one is requested. They are instructions for completing the statutory affidavit, not a fill-in county form.
| Resource | What it provides |
|---|---|
| Instructions for Small Estate Affidavit (co.starr.tx.us) | Starr County's own walk-through of the small estate affidavit: listing heirs and their percentage of interest, listing assets and liabilities, the notarized-signature requirement, the $265.00 cost including one certified copy of the affidavit and order, and how a hearing is handled |
| Starr County Clerk Fee Schedule (co.starr.tx.us) | The county's real-property recording and vital-records fee schedule (marriage licenses, birth and death certificates, recording fees). It has no probate original-filing fee line |
| TexasLawHelp.org small estate affidavit toolkit | A statewide, plain-language walkthrough and form from the Texas Legal Services Center, a non-profit, useful alongside Starr County's own instructions |
| Texas Judicial Branch court forms (txcourts.gov) | The statewide forms that do exist, including the Statement of Inability to Afford Payment of Court Costs and the Supreme Court of Texas will forms. There is no statewide application, order, oath, or inventory form |
Fees
Starr County publishes one specific, dollar-figure probate cost: the small estate affidavit total. Its own instructions state, verbatim, "Cost is $265.00 and must be submitted when the Affidavit is filed (COURT COST INCLUDES ONE (1) CERTIFIED COPY OF THE AFFIDAVIT & ORDER)." The county publishes no general probate application fee schedule, so the statewide base is given below for comparison; the two figures are not the same filing and should not be treated as interchangeable.
| Item | Amount | Authority or source |
|---|---|---|
| Small estate affidavit | $265.00 | Starr County Clerk's own "Instructions for Small Estate Affidavit," which states the cost includes one certified copy of the affidavit and order (verified August 2026) |
| Opening a general probate case (statewide base) | $360.00 | The statewide statutory base, identical in every Texas county: a $223 local consolidated fee (Local Government Code Sec. 135.102(a)(1)) plus a $137 state consolidated fee (Sec. 133.151(a)(1)), both in effect since January 1, 2022 under S.B. 41. Starr County publishes no schedule confirming or varying this figure; confirm the current total with the County Clerk |
| Later contested or adverse probate action | $120.00 | $75 under Local Government Code Sec. 135.102(a)(2) plus $45 under Sec. 133.151(a)(2), for an action other than the original application, including an adverse probate action or contest |
| Letters Testamentary or Letters of Administration | $2.00 each | The statutory per-document fee the county clerk collects (Local Government Code Sec. 118.061) |
| Issuance of a citation | $8.00 | The statutory issuing-document fee (Local Government Code Sec. 118.059) |
| 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 |
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Starr County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Rio Grande 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. Where other assets stood in the decedent's sole name and the estate is intestate with assets under $75,000 excluding homestead, the small estate affidavit route may fit, at a published cost of $265.00 (Estates Code Sec. 205.001). Otherwise the spouse applies in the Starr County Court or the County Court at Law of Starr County, which share concurrent probate jurisdiction (Sec. 32.002(b)); either way, the application is filed with the Starr County Clerk at 401 N. Britton Avenue, Room 201. | Asset discovery to establish how the home and accounts are titled and whether the small estate affidavit or a full application fits. Packet generation for the Starr County filing. 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 Starr County under the statewide mandate, and an unrepresented party may e-file but is not required to under Texas Rule of Civil Procedure 21(f)(1); call 956-716-4800 x2009 before trying to file on paper. If the estate is intestate and under $75,000 excluding homestead, the small estate affidavit at $265.00 may avoid a full administration entirely (Sec. 205.001). The original will, if there is one, must still reach the County Clerk within three business days of an e-filed application (Texas Rule of Civil Procedure 21(f)(12)). | 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 Rio Grande City 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 the small estate affidavit's homestead-only transfer rule will not reach a sale, and this goes through an administration in the Starr County Court or the County Court at Law of Starr County. The parent applies with the County Clerk, a citation is issued, and the court appoints the personal representative and grants Letters of Administration (Estates Code Sec. 306.002), or Letters Testamentary if there is a will (Sec. 306.001), at $2.00 each. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (Sec. 309.051(a)). | Asset discovery for the child's accounts, insurance, and real property. Packet generation for the administration and the inventory. Attorney referral where a sale, a mortgage payoff, or a disagreement among heirs makes counsel worthwhile, which matters more here because a contested matter can be transferred to the County Court at Law of Starr County (Estates Code Sec. 32.004). |
Self-help resources
| Resource | What it offers |
|---|---|
| Starr County Clerk (co.starr.tx.us), 956-716-4800 x2009 | The filing office for estates in Starr County: the 401 N. Britton Avenue, Room 201 address, the fax number, the small estate affidavit instructions, and the recording fee schedule. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| Instructions for Small Estate Affidavit (co.starr.tx.us) | The county's own walk-through of the small estate affidavit process, its $265.00 cost, and the notarized-signature requirement |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Starr County probate application is filed |
| re:SearchTX (research.txcourts.gov) | The statewide court records portal. 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. Starr County publishes no confirmation of its own integration |
| 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 |
| 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, including the small estate affidavit toolkit |
| 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's own 68-county list names Starr County, and the statewide texaslawhelp.org directory confirms it. Phone lines are open weekdays 9:00 a.m. to 5:00 p.m. Central. Confirm the office 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 |
| Texas law libraries directory (guides.sll.texas.gov) | The Texas State Law Library's curated directory of law libraries in Texas, organized by region. 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, the small estate affidavit in chapter 205, letters in chapter 306, and the inventory in chapter 309 |
When to hire an attorney
Many uncontested Starr County estates, and most small estate affidavits, are handled without a lawyer, and the county's own instructions are written with a self-represented filer in mind. 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 through a formal heirship proceeding, when real property has to be sold and the small estate affidavit's homestead-only transfer will not reach it, when the estate is insolvent or a creditor is pressing, or when a business or out-of-state property is involved. Starr County's split court structure adds a wrinkle worth knowing: because the County Court at Law of Starr County and the Starr County Court share concurrent probate jurisdiction, a contested matter is transferred to the county court at law under Estates Code Sec. 32.004, a different mechanism than in a constitutional-county-court-only county, and counsel can help make sure that transfer happens correctly. County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Starr County.
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, Starr County real property, and unclaimed property, so you know what the estate holds during estate settlement and whether the small estate affidavit or a full application fits before anything is filed in Rio Grande City.
Generate the probate packet. Sunset assembles the paperwork for your route, including a small estate affidavit drafted to Starr County's own instructions, ready to file with the Starr County Clerk.
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 Starr 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 Starr County?
With the Starr County Clerk at the Starr County Courthouse, 401 N. Britton Avenue, Room 201, Rio Grande City, TX 78582. Starr County has no statutory probate court; the case is heard by the County Court at Law of Starr County or the Starr County Court, which share concurrent original probate jurisdiction (Estates Code Sec. 32.002(b); Government Code Sec. 25.0003(d)). File in Starr County if the decedent lived here and had a domicile or fixed place of residence in Texas (Sec. 33.001(a)(1)).
Does the small estate affidavit work in Starr County, and what does it cost?
It is available if the decedent died without a will, 30 days have passed since death, and the estate's assets, excluding homestead and exempt property, do not exceed $75,000 (Estates Code Sec. 205.001). Starr County's own instructions state the cost plainly: "Cost is $265.00 and must be submitted when the Affidavit is filed," which includes one certified copy of the affidavit and order. All heirs and two disinterested witnesses must sign, and all signatures must be notarized.
Is e-filing required for probate in Starr County?
For attorneys, yes. Attorney e-filing in probate matters has been mandatory everywhere in Texas since July 1, 2016 at the latest, under Supreme Court of Texas Misc. Docket No. 13-9164, through eFileTexas.gov. Starr County publishes no county-specific e-filing date or local rule. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); call 956-716-4800 x2009 to confirm what the office accepts on paper.
What do I do with the original will in Starr County?
If the application to probate the will is e-filed, the wet-ink original will must reach the County Clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)). There is no electronic way to satisfy this. Deliver or mail it to 401 N. Britton Avenue, Room 201, Rio Grande City, TX 78582.
How much does it cost to file probate in Starr County?
It depends on the route. Starr County's own published figure for the small estate affidavit is $265.00, including one certified copy of the affidavit and order. For a general probate application, Starr County publishes no schedule of its own, so budget the statewide base of $360.00: a $223 local consolidated fee (Local Government Code Sec. 135.102(a)(1)) plus a $137 state consolidated fee (Sec. 133.151(a)(1)), both effective since January 1, 2022, plus citation and letters fees, and confirm the current total with the County Clerk. 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 Starr County?
For a general application, no: Starr County publishes no county application, order, oath, or cover sheet, and Texas has no comprehensive statewide set of probate procedure forms either. What the county does publish is its own instructions for the small estate affidavit, which walk through each question on the statutory affidavit and state the process and cost.
How do I look up a Starr County probate case online?
Starr County publishes no probate-specific online case search. The county's own records portal, starrtx.search.kofile.com, indexes deeds and real property records, not estates. Probate documents e-filed in Starr County may be reachable through the statewide re:SearchTX portal, which requires free registration and 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.
What happens if someone contests a will in Starr County?
Unlike a county with only a constitutional county court, Starr County has a county court at law with concurrent probate jurisdiction, so a contested matter is handled under Estates Code Sec. 32.004: 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, or the entire proceeding, to the County Court at Law of Starr County.
Do I have to travel to Rio Grande City to settle an estate in Starr County?
Starr County publishes no remote-appearance rule for probate hearings, so assume an in-person appearance unless the County Clerk or the court tells you otherwise. Filing itself can often be handled through eFileTexas.gov, but the original will must still reach the County Clerk within three business days of an e-filed application (Texas Rule of Civil Procedure 21(f)(12)).
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.