Overview
Concho County is located in Texas with a population of approximately 3,326. The Concho 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 (or Application for Letters of Administration) 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 several simplified procedures for smaller estates, including the Small Estate Affidavit for intestate estates valued at $75,000 or less (excluding homestead and exempt property) and Muniment of Title for establishing ownership of real property when no administration is necessary.
Texas law allows for independent administration, which minimizes court supervision and can significantly reduce costs and delays. Statutory executor commissions are generally capped at 5% of all sums received and paid out in cash, though this is subject to specific rules.
This guide provides an informational overview of the Concho 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
Concho County Clerk
Probate matters in Concho County are handled at the Concho County Courthouse.
Address: 152 N. Roberts, Paint Rock, TX 76866
Phone: (325) 732-4322 (County Clerk)
Hours: Monday through Friday (Please call to confirm current hours)
The County Clerk's office serves as the clerk of the court for probate matters. The court is located in Paint Rock, the county seat.
Parking and Access
Street parking is generally available around the courthouse square in Paint Rock. 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: For intestate estates valued at $75,000 or less (excluding homestead and exempt property), you may file an affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will but no need for administration (e.g., no debts other than a mortgage), this procedure validates the will to transfer property titles.
- 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 Concho County Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $360-$400)
- Proposed Order
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties. Check with the County Clerk for specific local e-filing requirements.
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.
- Mail notice: Send notice to all heirs, beneficiaries, and interested parties.
- Publish notice: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in Concho County (e.g., Eden Echo) 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 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 secured creditors and beneficiaries within specific statutory timelines
- Inventory and Appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
Concho County-Specific Procedures
- E-filing: Texas courts generally require e-filing for attorneys. Pro se litigants should contact the clerk to see if paper filing is permitted.
- Hearings: Hearings are typically held in the County Court. Call the County Clerk to schedule a hearing date after the mandatory posting period.
- Publication: Notice to Creditors should be published in a local newspaper such as the Eden Echo.
- Local Rules: Always check with the County Clerk for any unwritten local customs regarding proposed orders or hearing scheduling.
Timeline & Fees
Filing Fees (Concho County)
- Probate of Will / Administration: approximately $360-$400
- Small Estate Affidavit: approximately $300
- Muniment of Title: approximately $360-$400
- Issuance of Citations/Notices: varies (often included in base fee or ~$8 per citation)
- Posting Fee: approximately $25-$50
- Publication costs: approximately $50-$150 depending on the newspaper
Texas law sets a standard executor commission of 5% of sums received and paid out in cash, though this does not apply to funds held in financial institutions or the value of the assets themselves.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (credit cards may incur a convenience fee).
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The mandatory 10-day posting period sets the minimum time before a hearing can occur. Creditor notice periods and inventory deadlines also affect the timeline.
Local Resources
Concho County Court Resources
- County Clerk Website: co.concho.tx.us
- Texas Law Help: texaslawhelp.org
- Texas Probate Forms: guides.sll.texas.gov
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Legal Aid of NorthWest Texas: (888) 529-5277 — lanwt.org
Publication
- Eden Echo: (325) 869-5717 — Local newspaper for legal notices