Probate in El Paso County, Texas: Where to File and What to Expect
El Paso County has two statutory probate courts, a written policy requiring lawyers for most estate applications, and a 2014 order that limits small estate affidavits. Here's what the courts publish and what they don't.
At a glance
- El Paso County has two statutory probate courts. Their written policy says named executors and administrators must have a lawyer before the court will act.
- A 2014 order still posted by both courts approves small estate affidavits only for a surviving spouse or an unmarried adult child living in the homestead.
- Neither El Paso probate court publishes its hearing procedures, so ask the court that has your case whether you'll appear in person or remotely.
If your parent or spouse lived in El Paso County, one of the county's two probate courts will hear the estate case. Texas Government Code Section 25.0731(b) lists them: Probate Court No. 1 and Probate Court No. 2 of El Paso County. Both are statutory probate courts, courts created to hear estates, guardianships, and mental health cases, and Estates Code Section 32.002(c) gives them original jurisdiction over probate.
Texas Estates Code Section 33.001 puts a will or letters case in the county where the person lived. This guide covers what El Paso's courts and County Clerk publish about filing, lawyers, and small estates, and says plainly where they publish nothing.
The two probate courts
Judge Patricia B. Chew presides over Probate Court No. 1. The county describes both courts the same way. They probate wills, declare the heirs of people who die without one, set up guardianships for minors and incapacitated adults, and supervise court-ordered mental health commitments. They also hear lawsuits connected to an estate, including suits by or against an executor or administrator.
Government Code Section 25.0733(b) gives Probate Court No. 2 primary responsibility for mental illness cases. For estates, the county's pages don't say how new cases are divided between the two courts. Ask the clerk when you file, and use the court named on your case from then on.
Filing with the County Clerk
The County Clerk's Probate-Civil Division serves as clerk for the statutory probate courts. Its page says you can file an original will in person or by mail, deposit a will for safekeeping or withdraw one, and request letters testamentary and certified copies by email.
eFileTexas, the state's court filing system, says e-filing is mandatory for attorneys in probate cases and encourages everyone else to use it. Texas Rule of Civil Procedure 21(f)(1) generally doesn't require self-represented filers to e-file.
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Who needs a lawyer
The El Paso County Probate Courts' Self-Represented Litigant Policy says the courts won't let a person without a lawyer represent an estate or anyone else in most probate and guardianship cases. Named executors, administrators, and people applying for guardianship must have a lawyer. The clerk may accept the papers, but the court will take no action on them until an attorney is on the case.
The policy's reasoning is that an applicant in a probate case usually isn't acting only for themselves. They're acting for beneficiaries, heirs, or the estate, and only a licensed attorney may represent other people in a Texas court. The policy lists a few exceptions, including:
- The only beneficiary offering a will for probate as a muniment of title.
- A creditor of an estate that isn't a corporation.
- A guardian filing an annual report on the person.
- Other actions the judge allows.
Small estate affidavits aren't on that list. The courts do post a small estate affidavit form, but if you plan to file one without a lawyer, ask the court first whether it will act on it.
Small estate affidavits in El Paso
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. El Paso's probate courts narrow them.
Administrative Order 91-P01210, signed by both probate judges on August 14, 2014, says that starting October 1, 2014, the courts will only approve small estate affidavits that transfer property:
- From a person who died to their surviving spouse.
- From a person who died to an unmarried adult child living in the homestead.
The order says all other small estate affidavits will be denied, and both courts still post it on their online forms pages. If your family doesn't fit one of those two situations, plan on a different path, and confirm with the court before anyone signs.
If you do fit, the courts post a form titled El Paso County's Required Small Estate Affidavit Form. It asks for:
- A statement that more than 30 days have passed since the death.
- Every asset with a dollar value. The form says an affidavit can't be approved with an asset of unknown value.
- Every debt, including funeral costs or attorney's fees to be paid from the estate. If there are none, write "none."
- A Medicaid answer. If the person received Medicaid on or after March 1, 2005, list the state's claim as a debt, or file a Medicaid Estate Recovery Program certification or other proof that no claim will be filed.
- A family history and a chart showing each heir's share of each type of property.
- Sworn signatures from every heir before a notary, plus two disinterested witnesses who have no interest in the estate and aren't related to the person who died.
The courts also post the state's Authorization and MERP Certification form, which asks the Medicaid Estate Recovery Program whether it has a claim. Our guide to Texas Medicaid estate recovery explains how those claims work.
Our Texas small estate affidavit form guide explains who signs and what the affidavit must list. In El Paso, copy those facts onto the court's required form.
Hearings
Neither court's page publishes hearing procedures, Zoom instructions, or docket times. Ask the court that has your case how it sets hearings and whether you'll appear in person or remotely.
The statewide paths, briefly
El Paso's courts apply 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, though El Paso's courts approve one only in the two situations above.
With a will and no unpaid debts except real-estate liens, a muniment of title application can transfer property without appointing an executor. In El Paso, 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 El Paso'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
Which court handles probate in El Paso County?
El Paso County has two statutory probate courts, Probate Court No. 1 and Probate Court No. 2, listed in Texas Government Code Section 25.0731(b). Estate papers are filed with the County Clerk's Probate-Civil Division, which serves as clerk for both courts. The county's pages don't say how new estate cases are divided between them.
Do I need a lawyer for probate in El Paso County?
In most cases, yes. The probate courts' Self-Represented Litigant Policy says named executors, administrators, and guardianship applicants must be represented by a lawyer, and the court won't act on their filings without one. One listed exception is the only beneficiary probating a will as a muniment of title.
Can I use a small estate affidavit in El Paso County?
Only in narrow cases. A 2014 administrative order, still posted on both probate courts' forms pages, says the courts will approve a small estate affidavit only when property passes to a surviving spouse or to an unmarried adult child living in the homestead. Families who qualify must use the county's required form.
How Legacywyse can help
Legacywyse asks about the family, the will, and the assets, then drafts the Texas forms your path calls for. In El Paso, 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.
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Sources
6 sources- El Paso County Probate CourtsSelf-represented litigant policy
- El Paso County Probate CourtsSmall estate administrative order
- El Paso CountyProbate Court No. 1
- El Paso County Probate Court No. 1Online forms
- El Paso County ClerkProbate-Civil Division
- Texas Government CodeChapter 25, Statutory county courts
Published November 4, 2026. Last reviewed November 4, 2026 against the sources above. Legacywyse Journal articles provide general estate, probate, and personal finance information, not legal or tax advice.