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Trinity County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Trinity County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Trinity County has no statutory probate court and no county court at law, the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)) |
| Filing office | The Trinity County Clerk, Shasta Bergman, who is the clerk of the county court (Texas Constitution article V, § 20). Trinity County's District Clerk, Jillian Steptoe, is a separate officer at a different phone, fax and P.O. box, and does not open estates |
| Courthouse | Trinity County Courthouse, 162 West 1st St, Groveton, TX 75845, where the Trinity County Court sits |
| Clerk's office | 211 W. 1st St., Groveton, TX 75845, the address the County Clerk's own page publishes for the office. Call 936-642-1208 before an in-person trip to confirm where to bring papers |
| Mailing address | P.O. Box 456, Groveton, TX 75845, the County Clerk's own published mailing address (distinct from the District Clerk's P.O. Box 549) |
| Phone | 936-642-1208 |
| Fax | 936-642-3004 |
| Office hours | Not published on the county's website for the County Clerk. Call 936-642-1208 before visiting |
| Filing fee | $360.00 is the statewide statutory base fee to open a probate case: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), both in effect since January 1, 2022 under S.B. 41. On top of that the County 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 (§ 118.052(3)(D)), and the sheriff or constable charges a posting or service fee set by the commissioners court (§ 118.131). Trinity County publishes no probate fee schedule of its own, so confirm the current total directly with the County Clerk at 936-642-1208 before you file. A filer who cannot afford the fee may file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145) |
| Local forms | None. Texas has no comprehensive statewide set of probate procedure forms, and Trinity County publishes no probate application, order, oath or small estate affidavit template of its own |
| E-filing | Mandatory for attorneys statewide since July 1, 2016 at the latest (Supreme Court of Texas Misc. Docket No. 13-9164; Texas Rule of Civil Procedure 21(f)(1)), through eFileTexas.gov. Trinity County's own page states no county-specific e-filing date or exception; an unrepresented party may e-file but is not required to (TRCP 21(f)(1)), so call the County Clerk to confirm what the office accepts on paper |
| Case search | None confirmed for probate. The County Clerk's own page notes only that "the Trinity County Clerks Office no longer accepts online payments or is responsible for any technical issues with the online records site," without a working link to a probate case search. Documents e-filed in a Trinity 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. Coverage is set county by county and Trinity's is not published, so ask the County Clerk for a definitive answer |
| Remote appearance | Not published. Ask the County Clerk at 936-642-1208 |
| Website | https://www.co.trinity.tx.us/page/trinity.County.Clerk2 |
Before you begin — know the assets and liabilities
Before you file anything in Groveton, 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 Trinity County publishes no fill-in probate forms, no clerk counter hours, and no probate fee schedule of its own, so a phone call to the County Clerk before a trip to Groveton is worth the time.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Trinity 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 Trinity County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
Probate filings for the whole county go to one office, the Trinity County Clerk in Groveton; there is no branch or satellite counter for estates. The Trinity County Court sits at the Trinity County Courthouse, 162 West 1st St, and the County Clerk's own page publishes the clerk's office address as 211 W. 1st St., so call 936-642-1208 before an in-person filing to confirm where to bring papers. The 258th District Court and the 411th District Court also sit in Trinity County but do not open estates.
Venue is straightforward for a Trinity 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)). For a decedent with no Texas domicile or fixed residence, venue depends on where the death happened and where the estate or the nearest of kin are (§ 33.001(a)(2)).
Which court hears the case is the fact most often gotten wrong on a small Texas county. Trinity County has no statutory probate court and no county court at law, so the Trinity County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. The 258th and 411th District Courts sit in the same county but do not open estates, and neither does the Trinity County District Clerk, whose office is separate from the County Clerk.
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. A party's motion for assignment 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)). 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)).
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.
- Draft the papers yourself or with an attorney. Texas has no comprehensive statewide set of probate procedure forms and Trinity County publishes none of its own, so the application, the proof of death and other facts, the proposed order, the oath and the inventory are drafted documents, not fill-in forms.
- E-file the application through eFileTexas.gov if you are represented by an attorney. Attorneys must e-file in probate cases statewide (Texas Rule of Civil Procedure 21(f); Misc. Docket No. 13-9164). An unrepresented party may e-file but is not required to (TRCP 21(f)(1)); call the County Clerk at 936-642-1208 to confirm what the office accepts on paper.
- Deliver the original will to the County Clerk within three business days of e-filing the application. 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)). Deliver it to the County Clerk at 211 W. 1st St., Groveton, TX 75845, or mail it to the clerk's published mailing address, P.O. Box 456, Groveton, TX 75845; call 936-642-1208 first to confirm the counter location.
- Confirm the filing fee before you pay. The statewide statutory base is $360.00 ($223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1), both in effect since January 1, 2022); Trinity County publishes no probate fee schedule of its own, so call 936-642-1208 and ask for the current total, including citation and posting charges. 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.
- Have the citation posted and wait for the hearing to be set. Nothing is heard until the posting period has run and the return is on file with the County Clerk; Trinity County publishes no filing-to-hearing interval, so call the clerk to ask what the current wait looks like.
- Attend the hearing. Trinity County publishes no remote-appearance rule for probate, so plan on appearing at the Trinity County Courthouse unless the County Clerk 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 costing $2.00 (Local Government Code § 118.052(3)(D)).
- Administer the estate and file what the statute requires. Notice to beneficiaries after an order admitting a will (§ 308.002), published notice to creditors within one month of receiving letters (§ 308.051, with a posted-notice alternative under § 308.051(c) where no newspaper of general circulation serves the county), notice to secured creditors within two months (§ 308.053), and the inventory, 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.
Forms and documents
Probate forms in Trinity County
Trinity County publishes no local probate forms. There is no county application to probate a will, no county order, no county oath and no county small estate affidavit template. Texas as a whole has no comprehensive set of probate procedure forms either: the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1) (Estates Code chapters 205 and 257). In practice this means the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Trinity County estate are drafted documents. The one genuinely statewide procedural form a Trinity County filer may need is the Statement of Inability to Afford Payment of Court Costs, published on the Texas Judicial Branch forms page and required by Texas Rule of Civil Procedure 145.
Local nuance
Trinity County-specific considerations
The County Clerk and District Clerk are separate offices with separate contact information. The County Clerk, Shasta Bergman, is at 936-642-1208 with fax 936-642-3004 and P.O. Box 456, while the District Clerk, Jillian Steptoe, is at a different number, 936-642-1118, fax 936-642-0002, and P.O. Box 549. Probate goes to the County Clerk.
The clerk's office and the courthouse carry different published street addresses. The County Clerk's own page gives the office as 211 W. 1st St. with mail to P.O. Box 456, while the Trinity County Courthouse, where the Trinity County Court sits, is at 162 West 1st St. Both are in Groveton; call 936-642-1208 before an in-person trip or before mailing time-sensitive papers.
Trinity County publishes no probate fee schedule of its own, so budget from the statewide statutory base, $360.00 to open a case ($223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1), in effect since January 1, 2022), plus statutory per-service charges and the sheriff's posting or service fee, and confirm the total with the County Clerk before filing.
The county's own online records site is disclaimed, not linked. The County Clerk's page states only that "The Trinity County Clerks Office no longer accepts online payments or is responsible for any technical issues with the online records site," without a working link found from that page; treat any online-records claim about Trinity County with caution and confirm by phone.
One court, one counter, and the district courts only enter the picture on a contest. Trinity County has no statutory probate court and no county court at law, so the Trinity County Court hears the estate (Estates Code § 32.002(a)) and the County Clerk takes the filing. The 258th and 411th District Courts sit in the same county but do not open estates; a district court reaches a Trinity probate matter only if the County Judge transfers a contested matter to it under § 32.003(a)(2), and even then the county court keeps the management of the rest of the estate (§ 32.003(g)).
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Trinity County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Groveton-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, the spouse applies in the Trinity County Court; an attorney e-files through eFileTexas.gov, and the wet-ink original will follows to the County Clerk within three business days (Texas Rule of Civil Procedure 21(f)(12)). Budget for the $360.00 statutory base (Local Government Code §§ 135.102(a)(1), 133.151(a)(1)) plus citation and posting charges, and confirm the exact total with the County Clerk, since Trinity County publishes no probate fee schedule of its own. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Trinity County filing. 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 done from out of state. Attorneys must e-file through eFileTexas.gov; an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), so call the County Clerk at 936-642-1208 before trying to file on paper. Whether a court filing is needed at all depends on the assets and whether there is a will. The original will must still reach the County Clerk within three business days of the 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 travels. Packet generation so the filing is accepted the first time. Attorney referral where an in-person step in Groveton 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 Trinity County Court. The parent applies, the clerk arranges citation ($8.00 to issue under Local Government Code § 118.059, plus the sheriff's posting fee set by the commissioners court under § 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), at $2.00 each. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)). | Asset discovery for the child's accounts, insurance and real property. Packet generation for the administration and the inventory. Attorney referral where a sale, a mortgage payoff or a disagreement among heirs makes counsel worthwhile, which matters more here because a contested matter can be assigned to a statutory probate court judge or transferred to a district court (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| Trinity County Clerk (co.trinity.tx.us), 936-642-1208 | The filing office for estates in Trinity County: the clerk's own office and mailing addresses and the office's own note about the online records site. Staff can explain procedure and what the counter needs, but cannot give legal advice. Call ahead to confirm hours |
| eFileTexas.gov | Registration for the statewide electronic filing system and the list of certified electronic filing service providers. This is where a Trinity County probate application is filed |
| 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 Trinity County Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: probating a will, when there is no will, executors, formal administration, informal methods and legal forms |
| 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 (lonestarlegal.org), 1-800-733-8394 | Free civil legal help for eligible low-income residents. Lone Star Legal Aid's own materials assign Trinity to the Conroe office (Montgomery, Polk, San Jacinto, Trinity, Walker and Waller counties), but that office has closed; Lone Star Legal Aid states it continues to serve those counties through online intake or the central toll-free number above. 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 Trinity County; its Southeast Texas section includes the Montgomery County Law Library, 301 North Thompson, Suite 105, Conroe, TX 77301, (936) 539-7960 |
| 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 Trinity County estates are handled without a lawyer, particularly where the assets are modest and the family agrees on who inherits. 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, or when a guardianship has to run alongside the estate. Trinity County publishes no probate forms, no clerk counter hours, and no probate fee schedule of its own, so a call to the office before filing is worth the time even in a simple case. 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)), which is a procedural fork 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 Trinity 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, Trinity County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Groveton.
Generate the probate packet. Sunset assembles the paperwork for your route, drafted to fit Trinity County's process, ready to e-file through eFileTexas.gov or file with the Trinity 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 Trinity 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 Trinity County?
With the Trinity County Clerk in Groveton. The clerk's own page publishes the office at 211 W. 1st St., Groveton, TX 75845, with mail to P.O. Box 456, Groveton, TX 75845; the Trinity County Court itself sits at the Trinity County Courthouse, 162 West 1st St. The case is heard by the Trinity County Court, the constitutional county court, presided over by the elected County Judge, because Trinity County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Trinity County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Is the Trinity County Clerk the same office as the District Clerk?
No, they are separate offices. The County Clerk, Shasta Bergman, is at 936-642-1208 and P.O. Box 456; the District Clerk, Jillian Steptoe, is at a different number, 936-642-1118, and a different P.O. box, 549. Probate is filed with the County Clerk.
Is e-filing required for probate in Trinity County?
For attorneys, yes, under the statewide mandate that has covered every Texas county since July 1, 2016 at the latest (Supreme Court of Texas Misc. Docket No. 13-9164; Texas Rule of Civil Procedure 21(f)). Trinity County's own page publishes no county-specific e-filing date or exception. An unrepresented party may e-file but is not required to (TRCP 21(f)(1)); call 936-642-1208 to confirm what the office accepts on paper.
What do I do with the original will in Trinity County?
E-file a copy of the will with the application, then get the wet-ink original to the County Clerk. 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 it to the County Clerk at 211 W. 1st St., Groveton, TX 75845, or mail it to P.O. Box 456, Groveton, TX 75845, and call 936-642-1208 first to confirm the counter location.
How much does it cost to file probate in Trinity County?
The statewide statutory base to open a probate case is $360.00: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), both in effect since January 1, 2022 under S.B. 41. On top of the base, expect statutory per-service charges such as $8.00 to issue a citation (§ 118.059) and $2.00 for each Letters Testamentary or Letters of Administration (§ 118.052(3)(D)), plus the sheriff's posting or service fee set by the commissioners court (§ 118.131). Trinity County publishes no probate fee schedule of its own, so confirm the current total with the County Clerk at 936-642-1208 before you file. 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 Trinity County?
No. Trinity County publishes no probate application, order, oath or small estate affidavit template, and Texas has no comprehensive statewide set of probate procedure forms either, so the application, the proof of death and other facts, the order, the oath and the inventory are drafted documents.
How do I look up a Trinity County probate case online?
No working online probate case search was confirmed. The County Clerk's own page mentions only that it is not responsible for issues with an online records site, without a working link. Documents e-filed in a Trinity probate case may be reachable through the statewide re:SearchTX portal, which requires free registration and charges for documents, and which states that it supplies an unofficial copy and that the clerk of the court is the official custodian. For a definitive answer, call the Trinity County Clerk at 936-642-1208.
What happens if someone contests the will in Trinity 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)). The county court continues to manage the rest of the estate (§ 32.003(g)). The 258th and 411th District Courts are the district courts seated in Trinity County.
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.