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Brazos County Probate Guide

Brazos County · Updated January 2026

(979) 361-4128County Clerk
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Filing & Fees

Complete Fee Schedule

Probate Filing Fees

Specific fee amounts are not available for this county. Filing fee of $360 for opening new probate case (Letters Testamentary, Muniment of Title, Administration, or Guardianship). $500 attorney ad litem retainer required for each Guardianship or Application to Determine Heirship case. Contact probate department at (979) 361-4126 for complete fee schedule.

Document Fees

Certified Copy (per page)
$1
Payment Methods: Cash, Check, Money Order, Credit Card

Filing fee of $360 for opening new probate case (Letters Testamentary, Muniment of Title, Administration, or Guardianship). $500 attorney ad litem retainer required for each Guardianship or Application to Determine Heirship case. Contact probate department at (979) 361-4126 for complete fee schedule.

Required Documents

  • Certified Death Certificate

    Order 10-15 certified copies from Texas DSHS Vital Statistics

  • Original Will

    Original will if one exists

  • Application to Probate Will

    County-specific form

  • Oath of Executor/Administrator

    Must be signed and notarized

E-Filing & Filing Methods

Source ↗
eFileTexasCase SearchProbate Forms
Filing Methods: in person, mail, e file

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
0 days
Creditor Claims
4 months
Known Creditor Notice
60 days

Creditor Claims

Period Starts
first publication of notice to creditors
Statute
Texas Estates Code Chapter 308

Publication Requirements

Notice to Creditors

Duration
Once

Notice of Petition/Administration

  • Beneficiaries
  • Known creditors
  • Surviving spouse

Related Proceedings

Property Recording

Source ↗

Guardianship

Texas guardianship is governed by the Texas Estates Code and requires court approval.

guardian of person

Guardian responsible for the physical well-being and care of the ward

guardian of estate

Guardian responsible for managing the ward's property and finances

Guardian Training

Guardian training requirements vary by county. Contact local court for approved providers.

Court Rules & Orders

Local Rules

  • Brazos County does NOT have a Statutory Probate Court - probate handled by County Courts at Law
  • County Court at Law No. 1 (Judge Amanda Matzke) and County Court at Law No. 2 (Judge Roy Brantley) handle probate
  • E-filing mandatory for attorneys since January 1, 2014
  • Self-represented parties may file in person or by mail
  • $500 ad litem retainer required for guardianship and heirship applications
  • Effective December 4, 2025: Valid ID required for all in-person document filings (per Senate Bill 16)
Sources (6)