Overview
Donley County is located in Texas with a population of approximately 3,258. The Donley 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 procedure for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This simplified process avoids full probate administration.
Texas law sets statutory limits on executor compensation (typically 5% of sums received and paid out in cash), though wills often specify independent administration which can simplify fees and court supervision.
This guide provides an informational overview of the Donley 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
Donley County Court
Probate matters in Donley County are handled at the Donley County Courthouse.
Address: 300 Sully St, Clarendon, TX 79226
Phone: (806) 874-3436 (County Clerk)
Hours: Monday through Thursday, 7:30 AM to 12:00 PM and 1:00 PM to 4:45 PM (closed for lunch); Friday, 7:30 AM to 1:00 PM
The County Clerk's office serves as the clerk of the court for probate matters. The Constitutional County Judge presides over probate hearings.
Parking and Access
Free street parking is generally available around the courthouse square in Clarendon. 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: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may qualify for this simplified procedure.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), this process transfers title to beneficiaries without appointing an executor.
- 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 of Will and Issuance of Letters Testamentary (or Letters of Administration) with the Donley County Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
Texas courts require civil and probate cases to be filed electronically via eFileTexas.gov, though pro se litigants (representing themselves) may sometimes file in paper.
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.
- Publish notice: For independent administrations, you must publish a notice to creditors in a newspaper of general circulation in Donley County (e.g., The Clarendon 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, hears testimony (often a "prove-up"), and if approved, 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 (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Donley County-Specific Procedures
- E-filing: Texas mandates electronic filing for attorneys via eFileTexas.gov. Unrepresented individuals may inquire about paper filing exceptions.
- Local Rules: As a Constitutional County Court, procedures may be less formal than statutory probate courts, but adherence to the Texas Estates Code is strictly enforced.
- Publication: Notice to creditors is typically published in The Clarendon Enterprise.
- Hearings: Hearings are generally scheduled by contacting the County Judge's office or the County Clerk.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Donley County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Citations/Notices: varies (often included in base fee or ~$8 per citation)
- Publication costs: approximately $50-$150 depending on the newspaper
Fees are subject to change. Contact the County Clerk at (806) 874-3436 to verify exact amounts before filing.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (fees apply). E-filing fees are paid via credit card through the e-filing service provider.
Estimated Timelines
- Simple estates: 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period means the initial hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Donley County Court Resources
- County Website: co.donley.tx.us
- County Clerk: Clerk's Office Page
- eFileTexas: efiletexas.gov
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — texasbar.com
- Texas Law Help: texaslawhelp.org — Free legal information and forms
- Legal Aid of NorthWest Texas: (800) 955-3959
Publication
- The Clarendon Enterprise: (806) 874-2259 — clarendonlive.com