Overview
Dallam County is located in Texas with a population of approximately 7,115. The Dallam 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 a Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) when there is no will. Another option is a Muniment of Title, used when there is a will but no need for administration (no debts other than real estate liens).
Texas law allows for reasonable attorney fees. Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to statutory limitations.
This guide provides an informational overview of the Dallam 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
Dallam County Court
Probate matters in Dallam County are handled at the Dallam County Courthouse.
Address: 414 Denver Avenue, Dalhart, TX 79022
Phone: (806) 244-4751 (County Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located in the county courthouse and serves as the filing location for all probate matters. The County Judge presides over probate hearings.
Parking and Access
Free 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 estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will.
- Muniment of Title: For estates with a valid will, no unpaid debts (except 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 with the Dallam County Court. Include:
- Original Will (if applicable)
- Death Certificate
- Filing fee (approx. $360)
- Citation issuance and posting fees
- 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:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Dallam County for one time (Notice to Creditors)
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 3 weeks after filing (following the 10-day 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
Dallam County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se litigants may file in person or electronically.
- Representation: Texas courts generally require executors to be represented by an attorney because they represent the interests of third parties (heirs/creditors).
- Hearings: Hearings are typically held before the County Judge. Scheduling is done through the County Clerk or Judge's coordinator.
- Publication: Notice must be published in a newspaper of general circulation in Dallam County for one time.
Local rules generally follow the Texas Estates Code. The County Judge requires all pro se applicants to review self-help resources, though attorney representation is strongly advised.
Timeline & Fees
Filing Fees (Dallam County)
- Application for Letters Testamentary: approximately $360
- Small Estate Affidavit: approximately $300
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Posting Citation: ~$75
Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to statutory limitations.
Payment Methods
The court accepts cash, credit cards, cashier's checks, or money orders. 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 or more
Timelines are affected by the mandatory 4-month creditor claim period and court scheduling availability.
Local Resources
Dallam County Court Resources
- Court Website: dallam.org
- Probate Self-Help: Texas Law Help
- 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) 955-3959 — Free legal help for low-income residents
- State Bar Lawyer Referral: texasbar.com
Publication
- The Dalhart Texan: (806) 244-4511 — Newspaper of general circulation in Dallam County
- Amarillo Globe-News: (806) 376-4488 — Regional paper covering the Panhandle area