Probate in Cameron County, Texas: Where to File and What to Expect

One court, two names

Until 2023, Cameron County's probate cases went to County Court at Law No. 4. House Bill 3474 renamed that court Probate Court No. 1 on September 1, 2023, and moved every probate matter then pending in the county's other courts at law to it. Judge Sheila Garcia Bence presides.

Some forms on the court's page still carry the old name, including its pro se policy, its policy on wills more than four years old, and its guide for independent executors. They come from the same court, so the old caption doesn't mean you have the wrong page.

The court's small estate form asks that the affidavit be filed in the records of the Cameron County Clerk.

Who needs a lawyer

The court's policy on pro se applicants (people without a lawyer) says anyone applying for letters testamentary, letters of administration, a determination of heirship, or a guardianship must be represented by a licensed attorney. You can serve as executor or administrator without being a lawyer, but a lawyer must represent you, because an executor acts for the beneficiaries and creditors as well as themselves.

The policy's example of something you can file alone is a muniment of title, when you are the only beneficiary under the will and the estate has no debts except those secured by liens on real estate. It warns that falsely swearing the estate has no creditors can bring a perjury charge. The court's small estate checklist adds that heirs may fill out a small estate affidavit without a lawyer.

Once you're appointed, the court's guide for independent executors tells you to work through your attorney. It also says the court won't ratify or approve an independent executor's actions.

Hearings are hybrid

The court's page says all its dockets run as hybrid proceedings. Under Texas Rule of Civil Procedure 21d, participants may appear in person or by Zoom, and the court tells attorneys to say so in their hearing notices. The court posts Zoom instructions for self-represented litigants.

The public can watch any hearing, including fully remote ones, from the courtroom, where remote proceedings are livestreamed.

Wills more than four years old

Families sometimes find a will years after the death. Under Estates Code Section 256.003, a will generally can't be probated more than four years after the death unless the applicant wasn't in default for the delay, and Section 301.002 generally bars letters at that point. The court's written policy says a muniment of title is then the only option, and it adds these requirements:

• State the reason for the delay in both the application and the proof of death.
• List every heir who would inherit without a will, with their name, address, and relationship to the person.
• Have every heir who isn't an applicant personally served, or have them sign a sworn waiver using the wording of Section 258.051.
• Have a disinterested witness prove up all the potential heirs, so the court can confirm each one was served or signed a waiver.

Small estate affidavits in Cameron County

A small estate affidavit lets the heirs of someone who died without a will collect property worth $75,000 or less, not counting the homestead and exempt property, without opening an administration. Texas Estates Code Chapter 205 sets the rules. The court's Administrative Order 2023-1 found that more than half of the affidavits filed in Cameron County were missing required information. Since September 14, 2023, the court won't approve one unless it uses the court's form, posted on its page. The court's checklist adds:

• File a death certificate with the affidavit. A readable copy is fine, with the Social Security number crossed out.
• Wait at least 30 days after the death, long enough to know about all the bills.
• List every asset with its value. The court can't approve an affidavit with an asset of unknown value, so include details like vehicle numbers and the last four digits of accounts.
• If the person was married, say whether each asset was community or separate property, and why.
• List every debt, or write "none." List any attorney's fees for the affidavit as a debt, or the estate won't repay whoever paid them.
• Say whether the person received Medicaid on or after March 1, 2005. If so, list the state's claim as a debt, file a MERP certification, or show that no claim will be made.
• Have every heir with legal capacity sign before a notary, along with two disinterested witnesses who can swear to all the facts.
• Expect citation by posting, a public notice the court requires under Estates Code Section 51.053.

The statewide paths, briefly

Cameron County's probate court applies the same Texas Estates Code as every other county. Which path fits depends mostly on whether there was a will and what the estate owes.

With no will and a small estate, heirs can use the small estate affidavit, using the court's own form.

With a will and no unpaid debts except real-estate liens, a muniment of title application can transfer property without appointing an executor. The court says the only beneficiary may file it without a lawyer.

With no will and an estate that needs a court-appointed administrator, the path is an application for letters of administration, which the court's policy says needs a lawyer.

When the family mainly needs to show who inherited real estate, an affidavit of heirship is recorded in the county deed records rather than filed with a court.

Our Texas probate overview walks through how to choose among them.

Common questions

How Legacywyse can help

Legacywyse asks about the family, the will, and the assets, then drafts the Texas forms your path calls for. In Cameron County, copy a small estate affidavit's facts onto the court's required form, and bring drafts for letters or an heirship case to the lawyer who will file them. You handle filing.