Overview
Fisher County is located in Texas with a population of approximately 3,665. The Fisher 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) where there is no will. This simplified procedure allows heirs to collect assets without full probate administration.
Texas law does not set a mandatory statutory fee schedule for attorneys; fees are typically reasonable and agreed upon. Executors may be entitled to a commission of 5% of all sums actually received and paid out in cash, subject to statutory limitations.
This guide provides an informational overview of the Fisher 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
Fisher County Court
Probate matters in Fisher County are handled at the Fisher County Courthouse.
Address: 112 N Concho St, Roby, TX 79543
Phone: (325) 776-2401 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Clerk's office is located in the courthouse and serves as the clerk for the County Court in probate matters.
Parking and Access
Public parking is generally available around the courthouse square in Roby. 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 process.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), 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 Petition
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary (or similar application) with the Fisher County Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $399)
- Any additional required documents
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice (Citation by Publication) in a newspaper of general circulation in Fisher County.
- Post notice at the courthouse (handled by the clerk/sheriff) 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 (after 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 (publish notice to creditors in a local newspaper within 1 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 notice if independent administration).
Local Requirements
Fisher County-Specific Procedures
- E-filing: Texas courts generally require e-filing for attorneys. Pro se litigants should check with the County Clerk for paper filing options.
- Hearings: Hearings are typically held in the County Court. Contact the court coordinator or clerk to schedule.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Fisher County, such as the Fisher County Senate-News-Rotan Advance.
- Local Rules: Always check with the Fisher County Clerk for any specific local standing orders or form requirements.
Timeline & Fees
Filing Fees (Fisher County)
- Application for Probate of Will / Guardianship: approximately $399 (includes 1 citation)
- Small Estate Affidavit: approximately $399 (verify with clerk as fees can vary)
- Certified copies of Letters: approximately $2 per page + $5 certification fee (verify current rates)
- Publication costs: approximately $50-$150 depending on the newspaper
- Posting Citation: Included in initial fee or separate service fee
Payment Methods
The court accepts cash, checks, money orders, and credit cards (fees may apply).
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Timelines depend heavily on the type of administration (Independent vs. Dependent) and whether there are creditor claims or disputes.
Local Resources
Fisher County Court Resources
- Court Website: https://www.fishercounty.org
- Probate Self-Help: https://guides.sll.texas.gov/probate
- Texas Probate Forms: https://www.txcourts.gov/forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Legal Aid of NorthWest Texas: (800) 933-4557 — https://lanwt.org
Publication
- Fisher County Senate-News-Rotan Advance: (325) 735-2562 — Newspaper of general circulation