Overview
Armstrong County is located in Texas with a population of approximately 1,850. The Armstrong County Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
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 to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Texas offers simplified procedures for smaller estates, such as the Small Estate Affidavit for intestate estates valued at $75,000 or less (excluding homestead and exempt property). Another option is Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than those secured by real estate).
Texas law allows for independent administration, which minimizes court supervision and reduces costs. Statutory executor fees are generally capped at 5% of all sums received and paid out in cash, though this can vary by will terms.
This guide provides an informational overview of the Armstrong 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
Armstrong County Court
Probate matters in Armstrong County are handled at the Armstrong County Courthouse.
Address: 100 Trice Street, Claude, TX 79019
Phone: (806) 553-2861 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 6:00 PM (Closed Fridays)
The County Clerk's office serves as the clerk of the court for probate matters. The courthouse is located in the county seat of Claude.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will.
- Muniment of Title: If there is a will, no unpaid debts (except those secured by real estate), and no need for administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary with the Armstrong County Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Civil Case Information Sheet
- Filing fee (approximately $360)
- Proposed Order
E-filing is mandatory for attorneys in Texas and available for pro se litigants via EFileTexas.gov.
Step 3: Provide Notice
After filing, you must:
- Post notice at the courthouse (handled by the clerk/sheriff) for at least 10 days before the hearing.
- Publish notice to creditors in a newspaper of general circulation in Armstrong County (e.g., The Claude News) within one month of receiving Letters.
- Mail notice to secured creditors and beneficiaries as required by the Texas Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 3 weeks after filing (after the 10-day posting period). At the hearing, the judge reviews the application, hears testimony, and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries.
- Inventory and appraise all estate assets within 90 days of qualification.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a closing report or notice of closing estate to conclude the process.
Local Requirements
Armstrong County-Specific Procedures
- E-filing: Armstrong County accepts e-filing through the state's EFileTexas system.
- Hearings: Hearings are typically held in the County Court. It is advisable to call the clerk to schedule a hearing date after the posting period has expired.
- Publication: Notice to creditors must be published in a newspaper of general circulation in the county, such as The Claude News.
Always check with the County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Armstrong County)
- Probate of Will & Issuance of Letters: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Posting/Citation: Included in base fee or ~$100 additional depending on service method
- Publication costs: approximately $50-$150 depending on the newspaper
Texas law sets statutory executor commissions at 5% of sums received and paid out in cash, subject to court approval and will provisions.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (fees may apply).
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period before the initial hearing is a fixed statutory requirement.
Local Resources
Armstrong County Court Resources
- Court Website: co.armstrong.tx.us
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: txcourts.gov
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Legal Aid of NorthWest Texas: (800) 955-3959 — Provides free civil legal services to eligible low-income residents.
Publication
- The Claude News: (806) 226-2111 — Local newspaper for legal notices.