Probate Procedures

All Burnet County Probate matters are heard by Judge Henson.

Please email the Court at burnetccal@burnetcountytexas.org to request a hearing date.  

It is Judge Henson’s policy that all parties appear in person for all probate hearings. In the event that you are unable to appear in person and meet one of the below parameters you are welcome to request a virtual hearing at the time you request hearing dates from the Court. 

For uncontested probate matters only, Judge Henson will allow parties who reside over 150 miles away to appear by phone. 
For uncontested heirship proceedings, Judge Henson will allow parties, including the required 2 disinterested witnesses, who reside over 150 miles away to appear by zoom. 

When requesting a hearing date, attorneys will be responsible for notifying the court of their request to appear remote.

Efile all proposed documents with the County Clerk at least 48 hours prior to the scheduled hearing.

Policy Regarding Pro Se "self represented" Applicants in Probate Matters

Effective September 1, 2025

People who represent themselves in court are called “pro se” or “self-represented” litigants.  Individuals applying for letters testamentary, letters of administration, determination of heirship, muniment of title, small estate affidavit and guardianship of a person or estate must be represented by a licensed attorney. 

Individuals are not required to have a lawyer to file papers or to participate in a case in court.  Individuals have a right to represent themselves.  A pro se litigant, however, may not represent others.  Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates. See Steele vs. McDonald, 202 S.W.3d 926 (Tex. App.--Waco, 2006), and the authorities cited in that opinion.  Therefore, the only time a pro se applicant may proceed in court is when truly representing only him or herself. 

Although the Clerk may accept documents for filing, the Court will take no action on the documents unless there is an attorney of record in the case.