Overview
Irion County is located in Texas with a population of approximately 1,526. The Irion 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 a 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 simplified procedures for smaller estates, such as the Small Estate Affidavit, which is available if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is a Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Texas law provides for a statutory executor commission of 5% of all sums actually received in cash and 5% of all sums paid out in cash, subject to certain exceptions.
This guide provides an informational overview of the Irion 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
Irion County Court
Probate matters in Irion County are handled at the Irion County Courthouse.
Address: 209 N Park View St, Mertzon, TX 76941 (Mailing: PO Box 270)
Phone: (325) 835-2421 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 4:30 PM; Friday, 8:00 AM to 4:00 PM
The County Clerk's office serves as the clerk of the court for probate matters. The office is typically open during the lunch hour to serve the public.
Parking and Access
Street parking is generally available around the courthouse square in Mertzon. 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 be able to file a Small Estate Affidavit to transfer assets without full administration.
- Muniment of Title: If there is a will but no need for an executor to be appointed (no debts), this streamlined process 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 Irion County Clerk. Include:
- Original Will and Codicils (if any)
- Certified death certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
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:
- Post notice: The County Clerk will post a citation at the courthouse for at least 10 days.
- Publish notice: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in Irion County (e.g., The Mertzon Star) 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 (often 2-3 weeks after filing). 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 creditors and beneficiaries
- Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if applicable)
- Pay valid creditor claims and expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Irion County-Specific Procedures
- E-filing: Texas courts generally require e-filing for attorneys. Check with the County Clerk for pro se filing options.
- Hearings: Hearings are typically held in the County Court. Contact the court coordinator or clerk to schedule a hearing date after the mandatory posting period.
- Publication: Notice to Creditors should be published in The Mertzon Star or another newspaper of general circulation within the county.
Always check with the Irion County Clerk's office for the most up-to-date local rules and standing orders.
Timeline & Fees
Filing Fees (Irion County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360 (fees vary, verify with clerk)
- Citation/Posting: included in base fee or approx. $75
- Certified copies of Letters: approximately $2 per page + $5 certification
- Publication costs: approximately $50-$150 depending on the newspaper
Texas law sets statutory executor fees at 5% of funds received and paid out, though this can be altered by the will or court order.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (fees may apply).
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-9 months
- Complex or contested estates: 9 months to 2+ years
Timelines depend heavily on the statutory notice periods (e.g., 10-day posting) and the speed at which the executor completes the inventory and creditor notices.
Local Resources
Irion County Court Resources
- Court Website: https://www.co.irion.tx.us/page/irion.County.Clerk
- 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) 955-3959 — https://legalaidtx.org
Publication
- The Mertzon Star: (325) 835-5371 — Local weekly newspaper
- San Angelo Standard-Times: (325) 653-1221 — Regional daily newspaper