Overview
Comanche County is located in Texas with a population of approximately 13,600. The Comanche 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 a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. A Muniment of Title is another option for probating a will to transfer title to property without a full estate administration.
Texas law sets a cap on executor commissions at 5% of all sums actually received and paid out in cash, though this does not apply to cash on hand at death or life insurance proceeds.
This guide provides an informational overview of the Comanche 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
Comanche County Court
Probate matters in Comanche County are handled at the Comanche County Courthouse.
Address: 101 West Central Ave, Comanche, TX 76442
Phone: (325) 356-2655 (County Clerk)
Hours: Contact the County Clerk to confirm current hours
The County Clerk's office is located in the historic Comanche County Courthouse. The County Court handles uncontested probate matters.
Parking and Access
Street parking is generally available around the courthouse square.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the decedent died without a will and the value of the estate (excluding homestead and exempt property) is $75,000 or less.
- Muniment of Title: Used when there is a valid will and no unpaid debts (except those secured by real estate), allowing for the transfer of property titles without full 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 a Application for Probate of Will and Issuance of Letters Testamentary with the Comanche County Court. Include:
- Original Will
- Death Certificate
- Civil Case Information Sheet
- ~$360.00 Filing Fee
- Any additional required documents
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:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice (Citation) is typically posted by the County Clerk at the courthouse for 10 days. After Letters are issued, the Personal Representative must publish a Notice to Creditors in a newspaper of general circulation in Comanche County.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 10 to 14 days after filing (following the mandatory posting period). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors in a local newspaper within one month of receiving Letters. Secured creditors must be notified within two months.
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Comanche County-Specific Procedures
- E-Filing: Mandatory for attorneys; available for self-represented litigants.
- Hearing Scheduling: Hearings are typically scheduled by contacting the Court Coordinator after the 10-day posting period has elapsed.
- Pro Se Litigants: While not strictly prohibited, the court highly recommends retaining counsel due to the complexity of probate law. Some judges may require an attorney for administration.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Comanche County for one time.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Comanche County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Posting/Citation: approximately $75
Texas allows for a 5% commission for executors on sums received and paid out.
Payment Methods
The court accepts cash, credit cards, money orders, and cashier's checks. Credit card payments typically incur a convenience fee (~3%).
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year+
Timelines are affected by the mandatory 10-day posting period before hearings and the 4-month creditor claim period.
Local Resources
Comanche County Court Resources
- Court Website: co.comanche.tx.us
- Probate Self-Help: Texas Probate Passport
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Legal Aid of NorthWest Texas: (800) 933-4557 — Legal Aid
- State Bar Lawyer Referral: texasbar.com
Publication
- The Comanche Chief: (325) 356-2636 — Newspaper of general circulation for probate notices.
- De Leon Free Press: (254) 893-2081 — Serving De Leon and surrounding areas.