Overview
Callahan County is located in Texas with a population of approximately 14,615. The Callahan 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) and Muniment of Title for probating a will without administration.
Texas law allows for reasonable compensation for executors and administrators, typically capped at 5% of all sums actually received and paid out in cash, though this can vary by court and will provisions.
This guide provides an informational overview of the Callahan 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
Callahan County Court
Probate matters in Callahan County are handled at the Callahan County Courthouse.
Physical Address: 1257 FM 2047, Baird, TX 79504
Mailing Address: 100 W 4th St, Suite 104, Baird, TX 79504
Phone: (325) 854-5815 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 2:00 PM
The County Clerk's office accepts all probate filings and maintains the court records.
Parking and Access
Public parking is generally available around the courthouse. 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 debts (except secured real estate), and no need for administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary (or similar application) with the Callahan County Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $360-$400)
- Civil Case Information Sheet
Texas courts generally require probate matters to be filed by an attorney.
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.
- Publish notice: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in Callahan County (e.g., The Baird Star) within one month of receiving Letters.
- Mail notice: Send 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 (once the 10-day posting period has passed). At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order and the clerk 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
- Pay valid creditor claims and expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Callahan County-Specific Procedures
- Attorney Requirement: Texas law generally requires an attorney to represent the applicant in probate proceedings because they are representing the interests of third parties (creditors/beneficiaries).
- E-Filing: Callahan County accepts e-filing. Check with the County Clerk for specific service providers.
- Hearings: Hearings are typically held in the County Court. Scheduling should be coordinated with the Court Coordinator or County Clerk.
- Publication: Notice to creditors is commonly published in The Baird Star.
Always check with the County Clerk's office for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Callahan County)
- Probate of Will / Administration: approximately $360 - $400
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360 - $400
- Issuance of Citation/Posting: included in base fee or ~$75 extra depending on service
- Letters Testamentary: ~$2.00 per copy
- Publication costs: approximately $50-$150 depending on the newspaper
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Convenience fees may apply for credit card payments.
Estimated Timelines
- Simple estates (Muniment of Title): 1-2 months
- Independent Administration: 3-6 months (minimum)
- Dependent Administration: 6 months to 1+ years
The mandatory 10-day posting period applies to all new probate applications before a hearing can be held.
Local Resources
Callahan County Court Resources
- County Clerk Website: https://www.callahancounty.org/page/callahan.County.Clerk
- Texas Probate Information: https://guides.sll.texas.gov/probate
- Texas Judicial Branch Forms: https://www.txcourts.gov/forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Legal Aid of NorthWest Texas: (800) 933-4557 — https://lanwt.org
Publication
- The Baird Star: (325) 854-1008 — Newspaper of general circulation in Callahan County