Find Probate Records in Burnet County
Burnet County probate court records are on file at the County Clerk's office in the city of Burnet. This Hill Country county has a growing population of roughly 65,000 and sits northwest of Austin. The Burnet County Clerk handles all probate filings, from wills and estate cases to guardianship matters. You can search probate records at the courthouse or use statewide online search tools. The constitutional county court has probate jurisdiction here, with the County Judge presiding. Whether you need to pull a will, check an estate filing, or get certified copies, the clerk's office in Burnet is where you go.
Burnet County Overview
Burnet County Probate Court Office
The Burnet County Clerk's office is in the courthouse in the city of Burnet. This office accepts probate applications, files wills, and issues letters testamentary. The clerk is the custodian of all probate court records in the county. Staff index every filing so records can be searched by name or case number later.
Burnet County uses its constitutional county court for probate matters. The County Judge acts as the probate judge. There is no statutory probate court here. Under the Texas Estates Code, county courts have original jurisdiction over estate cases, guardianships, and mental health commitments. Chapter 257 of the Estates Code covers independent administration, which is the most used type of probate in Texas. The court appoints the executor, and then the executor handles the estate largely on their own. This keeps things moving and cuts down on the number of hearings needed in Burnet County.
Marble Falls is the largest city in Burnet County, but all probate cases file at the courthouse in Burnet itself. There is no branch office for probate.
| Office | Burnet County Clerk |
|---|---|
| Address | Burnet County Courthouse, 220 S. Pierce St., Burnet, TX 78611 |
| Hours | Monday through Friday, 8:00 AM to 4:30 PM |
| Website | burnetcountytexas.org |
Searching Burnet County Probate Court Records
You can look up probate court records in Burnet County in person or online. At the courthouse, the clerk's staff will search their index by name or case number. They pull the file and you can review it right there. Ask for copies if you need them. Plain copies and certified copies are both available for a fee.
Online, the best tool is re:SearchTX. This statewide system pulls case data from courts all over Texas. Search by party name and look for Burnet County results. You will see case numbers, filing dates, and docket details. The system is free and does not require an account for basic searches. Not every old Burnet County record may be online, but newer cases should show up.
The Burnet County website lists office hours and phone numbers for the clerk. Call ahead if you have questions about what is available.
The Burnet County Clerk's site shows contact details and office hours for probate record requests at the courthouse.
E-filing is mandatory for attorneys. They must use eFileTexas to submit probate applications and other documents. Pro se filers can e-file but are not required to. One big rule applies in Burnet County just like every other Texas county: original wills must be physically delivered to the clerk. You cannot submit a will electronically. Bring it in within three business days of filing the application online.
Types of Burnet County Probate Cases
Probate cases filed in Burnet County fit into a few main categories. Independent administration is by far the most common. Chapter 257 of the Texas Estates Code allows the executor to manage the estate without going back to court for approval on each step. The will usually names the executor and requests independent administration. The judge grants the request, and the case proceeds with little further court involvement.
When a person dies without a will, the heirs can file for a determination of heirship. Chapter 304 covers this process. Two witnesses who are not heirs testify about the family. The court enters an order identifying the heirs and their shares. This happens in the Burnet County courthouse and the order becomes part of the probate record.
Smaller estates have simpler options. A small estate affidavit under Section 205 works for estates worth $75,000 or less (excluding the homestead). All heirs must agree and sign. Muniment of title under Chapter 256 lets the will be filed just to prove ownership. No executor is appointed. This is useful in Burnet County when there are no debts to pay and the main goal is to clear title to real property.
Guardianship cases are also on the probate docket. These involve people who cannot manage their own affairs. The court appoints a guardian and oversees the arrangement through annual reports.
Burnet County Probate Court Fees
Probate filing fees in Burnet County run around $300 to $400. That total covers the base fee plus surcharges for court technology, records management, and the county law library fund. The exact amount depends on the case type.
Beyond the filing fee, you will pay for copies. Plain copies cost a set amount per page. Certified copies are more expensive but come with the court seal. You will need certified copies of the court order and letters testamentary for banks, title companies, and other institutions that manage estate assets. Letters testamentary are about $2 each. A records search by the clerk costs around $5.
If you cannot pay, Texas law provides a way to ask for a waiver. File a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145. Get the form from txcourts.gov. The Burnet County Judge reviews the request and decides.
Note: E-filing adds extra costs including a $30 state electronic filing fee for new cases filed through eFileTexas and a $2 charge per envelope.
What Burnet County Probate Records Show
Probate records in Burnet County are public. You can view or copy any probate case file at the clerk's office. The Texas Public Information Act under Government Code Chapter 552 protects your right to access these records. You do not need to be a family member or party to the case.
A Burnet County probate file typically holds these documents:
- Application for probate or administration
- The original will or certified copy
- Order admitting the will to probate
- Letters testamentary or letters of administration
- Inventory and appraisement of assets
- Final accounting and distribution report
Guardianship files include the application, the appointment order, annual reports, and financial accountings. Some of these records may have information redacted. Social Security numbers and bank details are not shown in the public copies. Medical records attached to guardianship cases can be sealed by the judge. The rest of the file stays open.
Legal Resources for Burnet County Probate
Free help with probate is available from several sources. The Texas State Law Library publishes guides on the probate process. They cover everything from the initial filing to closing the estate. The texaslawhelp.org site has self-help tools for people who want to handle things without a lawyer.
To find a probate attorney near Burnet County, use the State Bar of Texas referral line at (800) 252-9690 or the online directory at texasbar.com. Attorneys in Austin and Georgetown regularly handle cases in Burnet County. Many offer a free initial meeting to go over your situation.
Historical probate records from Burnet County may be on file with the Texas State Library and Archives Commission. If you are looking for an older estate file, check their collection. Court forms are posted at txcourts.gov for anyone who wants to file pro se.
Nearby Counties
These counties are near Burnet County. Probate is filed in the county where the person lived at the time of death, as set out in Texas Estates Code Chapter 51.