Bastrop County Probate — Local Court Rules & What Heirs Need to Know

Probate in Bastrop County, Texas

Bastrop County, located approximately 30 miles southeast of Austin, is home to roughly 105,000 residents and has experienced significant growth as part of the greater Austin metropolitan area's expansion. The county seat is the city of Bastrop, a historic community along the Colorado River known for its pine forests, state parks, and small-town character. The county's economy blends traditional agriculture and ranching with a rapidly growing residential sector as families relocate from Austin seeking more affordable land and housing.

This mix of old and new creates a distinctive estate landscape. Long-established families often leave estates with agricultural land, timber property, ranch operations, and mineral rights — some parcels tracing back generations through informal family transfers that may require heirship determinations. At the same time, newer residents bring estates that include suburban homes, retirement accounts, and investment portfolios. The county's proximity to Austin also means some estates include commercial property and small business interests. Texas community property rules apply to all married decedents.

Bastrop County adopted local rules for its County Court at Law on April 9, 2025, including Rule 9 with probate-specific provisions. General court rules for scheduling, electronic filing, case assignment, and dismissal also apply. Consult a Bastrop County probate attorney for advice specific to your situation.

Bastrop County court information

Bastrop County local probate rules — key provisions

Bastrop County's County Court at Law adopted Rule 9, titled "Special Requirements for Probate Cases," along with general civil rules that apply to all matters including probate. Key provisions include:

Small Estate Affidavit 10-day posting requirement (Rule 9.1). All Small Estate Affidavits filed in Bastrop County must be posted by the County Clerk's office for 10 days before the judge will consider them. A Small Estate Affidavit is a simplified probate alternative available under the Texas Estates Code for estates valued at $75,000 or less (excluding homestead and exempt property) when the decedent died without a will. The 10-day posting period gives potential creditors and interested parties an opportunity to review and object before the court acts. This mandatory waiting period means even the simplest small estates require at least two weeks from filing to court approval.

Submission docket for uncontested matters (Rule 9.2). Uncontested probate matters may be placed on a submission docket with the court and scheduled through the Probate Court Coordinator/Administrator. Instructions for the submission docket are available on the County Court at Law's webpage. This streamlined process allows routine, uncontested matters — such as probating a straightforward will with a named independent executor and no objections — to be handled efficiently without requiring a full contested hearing slot.

Case scheduling through Court Coordinator (Rules 1.1-1.2). All civil case scheduling procedures apply to probate matters. Settings must be obtained through the Court Coordinator/Administrator. This centralized scheduling system helps manage the court's growing docket as Bastrop County's population expands.

Mediation required for hearings over two hours (Rule 1.3). If a probate hearing is expected to last longer than two hours, mediation may be required before the hearing is set. This provision is particularly relevant for contested probate matters such as will contests, disputes over executor conduct, or complex heirship determinations that require extended testimony and evidence presentation.

Electronic filing mandatory (Rule 3). Attorneys must use the electronic filing system for all documents. All proposed orders must be executed by all counsel and/or parties before being submitted to the judge. This requirement ensures that agreed orders reflect genuine agreement among all parties before reaching the court.

Case assignment (Rule 5). Civil cases, including probate matters, are assigned to the County Court at Law by the Clerk when filed. There is no separate probate court — the County Court at Law handles a mixed docket of probate, civil, and other matters.

Dismissal for want of prosecution (Rule 8). Cases may be dismissed for want of prosecution in accordance with the Texas Rules of Judicial Administration timetables. This means probate cases that stall — whether due to inaction by the executor, unresolved disputes, or failure to complete required filings — may be placed on a dismissal docket. Executors and administrators should ensure consistent progress to avoid dismissal complications.

Bastrop County probate timeline

Below is a general timeline for probate in Bastrop County. Individual estates vary based on complexity, disputes, and the type of administration.

Inheritance advance for Bastrop County heirs

If you are an heir to an estate being probated in Bastrop County, you may be waiting 6 months to 18 months or longer for your inheritance. An inheritance advance from First Heritage Funding can put cash in your hands within 48 hours — while the probate case continues on its own schedule.

An inheritance advance is not a loan. There is no credit check, no monthly payments, and no personal liability. We are repaid only when the estate closes and distributions are made. If the estate produces less than expected, you keep what you received — the advance is completely non-recourse.

We serve heirs throughout Bastrop County — including Bastrop, Elgin, Smithville, Cedar Creek, Paige, McDade, Camp Swift, and all surrounding communities.

Request your free quote online or call (800) 617-7260 to discuss your Bastrop County estate.

See also: Texas Inheritance Advance · Travis County Probate · Fayette County Probate · Lee County Probate · Caldwell County Probate