Overview
Coke County is located in Texas with a population of approximately 3,396. The Coke 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 a 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, which can be used if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is a Muniment of Title, used when there is a will but no debts (other than a mortgage) and no need for administration.
Texas does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; instead, fees are typically reasonable and based on services rendered, though executors may be entitled to a commission of 5% of sums received and paid out in cash.
This guide provides an informational overview of the Coke 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
Coke County Courthouse
Probate matters in Coke County are handled at the Coke County Courthouse.
Address: 13 E. 7th Street, Robert Lee, TX 76945
Phone: (325) 453-2631 (County Clerk)
Hours: Monday - Thursday: 8:00 AM to 5:00 PM (Thursday lunch from 12:00 PM to 1:00 PM), Friday: 8:00 AM to 1:00 PM
The County Clerk's office serves as the clerk of the court for probate matters. The court is located in the county seat of Robert Lee.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during standard 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, you may be able to file a Small Estate Affidavit to transfer assets without full probate.
- Muniment of Title: If there is a will but no debts (other than a mortgage) and no need for administration, this streamlined process establishes ownership of estate assets.
- 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 with the Coke County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Death Certificate
- Filing fee (typically around $360, but verify with the clerk)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties.
Step 3: Provide Notice
After filing, you must:
- Post notice: The County Clerk will post a citation at the courthouse for a statutory period (usually 10 days).
- Publish notice: For independent administrations, you must publish a notice to creditors in a newspaper of general circulation in Coke County (e.g., The Observer/Enterprise) 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 after the 10-day posting period has elapsed. At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order admitting the will to probate and 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 (or file an Affidavit in Lieu of Inventory if applicable)
- Pay valid creditor claims and estate expenses
- File federal income tax returns (and estate tax returns if the estate exceeds the federal threshold)
- Distribute assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
Coke County-Specific Procedures
- E-filing: Texas courts generally require e-filing for civil and probate matters. Check with the Coke County Clerk for specific pro se filing rules.
- Hearings: Probate hearings are typically held in the County Court. Call the clerk to schedule a hearing date after the citation return date.
- Publication: Notice to creditors should be published in a local newspaper such as The Observer/Enterprise.
- Local Rules: Always check with the County Clerk for any specific local standing orders or form requirements.
Timeline & Fees
Filing Fees (Coke County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $250-$300
- Muniment of Title: approximately $360
- Issuance of Letters: approximately $2 per letter
- Judge's Signature: approximately $2
- Publication costs: approximately $50-$150 depending on the newspaper
Note: Fees are subject to change. Contact the Coke County Clerk at (325) 453-2631 for the most current fee schedule.
Payment Methods
The court accepts exact cash (no change provided), checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-8 months
- Complex or contested estates: 9 months to 2+ years
Factors affecting the timeline include the 10-day posting period before the hearing, the 90-day inventory deadline, and the creditor claim period.
Local Resources
Coke County Court Resources
- County Clerk Website: co.coke.tx.us
- Texas Probate Information: TexasLawHelp.org
- State Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Legal Aid of NorthWest Texas: (888) 529-5277 — lanwt.org
Publication
- The Observer/Enterprise: (325) 453-2433 — Local newspaper for legal notices