Overview
Andrews County is located in the Permian Basin region of West Texas with a population of approximately 18,923. The Andrews County Court handles probate and estate matters for decedents who were domiciled in the county at the time of death. The 109th District Court also serves Andrews County (along with Crane and Winkler counties) for contested matters.
Texas probate is governed by the Texas Estates Code. The process begins with filing an Application for Probate of Will and Issuance of Letters Testamentary (for testate estates) or an Application for Letters of Administration (for intestate estates). The court then issues Letters Testamentary or Letters of Administration to the appointed personal representative.
Texas offers several simplified procedures for smaller estates. The Small Estate Affidavit is available for intestate estates valued at $75,000 or less (excluding the homestead and exempt property). Another option is Muniment of Title, used when there is a will but no need for ongoing estate administration (e.g., no unpaid unsecured debts). Texas also allows Independent Administration, which significantly reduces court supervision and is the most common form of probate in the state.
Texas is a community property state. There is no state income tax and no state estate or inheritance tax, though federal estate tax rules still apply.
This guide provides an informational overview of the Andrews County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Andrews County Court
Probate matters in Andrews County are handled through the Andrews County Clerk's Office at the courthouse.
Address: 215 NW 1st Street, Suite 121-A, Andrews, TX 79714
Mailing Address: P.O. Box 727, Andrews, TX 79714
Phone: (432) 524-1426 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located in the courthouse building in downtown Andrews. The Andrews County Courthouse was originally built in 1938-1939. The 109th District Court (located at 201 N. Main, Room 102) handles contested matters for Andrews, Crane, and Winkler counties.
Parking and Access
Free parking is available around the courthouse and in nearby lots. Security screening may be required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: For intestate estates valued at $75,000 or less (excluding homestead and exempt property), heirs may file a Small Estate Affidavit to transfer personal property without full probate.
- Muniment of Title: For estates with a valid will and no unpaid unsecured debts, you may probate the will as a Muniment of Title to transfer property without appointing an executor.
- Trust administration: Assets held in a living trust generally do not require probate.
- Community property survivorship: Jointly held community property with a right of survivorship agreement passes outside probate.
Step 2: File the Application
If formal probate is needed, file an Application for Probate with the Andrews County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $300-$400)
- Civil Case Information Sheet
Texas mandates e-filing for attorneys through eFileTexas.gov. Pro se litigants may be able to file in paper, but hiring an attorney is highly recommended for probate matters in Texas.
Step 3: Provide Notice
After filing, you must:
- Post Notice: The County Clerk will post a citation at the courthouse for at least 10 days to notify the public.
- Publish Notice: For independent administrations, you must publish a notice to creditors in a newspaper of general circulation in Andrews County (e.g., Andrews County News) within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed. At the hearing, the judge reviews the application, hears testimony (often a "prove-up" of the will), and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify secured creditors and beneficiaries within statutory timelines
- Inventory, Appraisement, and List of Claims: File with the court within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible under Independent Administration)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- Close the estate (Independent Administration often does not require a formal closing order)
Local Requirements
Andrews County-Specific Procedures
- E-Filing: E-filing is mandatory for attorneys via eFileTexas.gov. Pro se filers should check with the County Clerk for current paper-filing options.
- Small County Court: Andrews County uses its Constitutional County Court for probate matters rather than a statutory county court at law. This means the County Judge presides over probate cases.
- 109th District Court: Contested probate matters or complex litigation may be transferred to the 109th District Court, which serves Andrews, Crane, and Winkler counties.
- Publication: Notice to creditors must be published in a newspaper of general circulation within Andrews County, such as the Andrews County News.
- Pro Se Representation: Texas law generally requires an executor to be represented by an attorney because the executor represents the interests of third parties (beneficiaries and creditors). Pro se representation may be limited to Muniment of Title or Small Estate Affidavits.
Timeline & Fees
Filing Fees (Andrews County)
- Probate of Will / Letters Testamentary: approximately $300-$400
- Administration (Intestate): approximately $300-$400
- Small Estate Affidavit: approximately $300-$400
- Muniment of Title: approximately $300-$400
- Posting/Citation: Additional fees for constable posting
- Certified copies: Varies (typically $2-$5 per page)
Note: Fees are subject to change. Check the Andrews County Clerk's fee schedule for the most current amounts.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee). Verify accepted payment methods with the County Clerk before filing.
Estimated Timelines
- Simple estates (Independent Administration): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than approximately two weeks after filing. The creditor claim period and estate complexity significantly affect overall timeline.
Local Resources
Andrews County Court Resources
- County Clerk: Andrews County Clerk
- Fee Schedules: Andrews County Fee Schedules
- Online Records Search: Andrews County Public Records
- Texas Probate Forms: Texas Law Help
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides civil legal assistance to low-income Texans in West Texas
- Permian Basin Bar Association: Contact for local attorney referrals
Publication
- Andrews County News: andrewscountynews.com — Publishes Tuesday and Friday editions; serves as the newspaper of general circulation for Andrews County