Overview
Dawson County is located in Texas with a population of approximately 11,758. The Dawson 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 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 estates with a will where no administration is necessary.
Executors in Texas are entitled to a commission of 5% of all sums actually received and paid out in cash, unless the will specifies otherwise. Attorney fees must be reasonable and are subject to court approval.
This guide provides an informational overview of the Dawson 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
Dawson County Courthouse
Probate matters in Dawson County are handled at the Dawson County Courthouse.
Address: 400 S 1st St, Lamesa, TX 79331
Phone: (806) 329-3311 (County Clerk)
Hours: Monday through Thursday, 8:30 AM to 5:00 PM; Friday, 8:30 AM to 4:00 PM (Closed 12:00 PM - 1:00 PM for lunch)
The County Clerk's office is located in the courthouse. The Constitutional County Court typically presides over probate matters.
Parking and Access
Free 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: If there is a valid will but no need for estate administration (e.g., no debts other than a mortgage).
- 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 Dawson County Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
- 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.
- Publish notice in a newspaper of general circulation in Dawson County (such as the Lamesa Press-Reporter) one time.
- Post notice at the courthouse for at least 10 days before the hearing.
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:
- Notify creditors by publishing a notice in a local newspaper within one month.
- 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 (or close the estate via independent administration procedures).
Local Requirements
Dawson County-Specific Procedures
- E-Filing: Texas courts require e-filing for all civil and probate cases represented by counsel.
- Hearing Scheduling: Hearings are typically scheduled through the County Judge's coordinator.
- Pro Se Litigants: While allowed, the court strongly recommends retaining an attorney due to the complexity of probate law.
- Publication: Notice must be published in a newspaper of general circulation in Dawson County one time.
Always check with the County Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Dawson County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $250-$300
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Judge's signature fee: ~$2.00
Texas allows for "reasonable" attorney fees. Executors may claim a commission of 5% of sums received and paid out in cash.
Payment Methods
The court accepts credit cards, cash, cashier's checks, or money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Creditor claim periods and tax filings can extend the timeline.
Local Resources
Dawson County Court Resources
- Court Website: co.dawson.tx.us
- 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) 933-4557 — Provides free civil legal services to low-income residents.
- TexasBar.com: texasbar.com
Publication
- Lamesa Press-Reporter: (806) 872-2177 — Newspaper of general circulation in Dawson County.