Overview
Lampasas County is located in Texas with a population of approximately 23,539. The Lampasas 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 (if there is a will) or an Application for Letters of Administration (if there is no will). The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Texas offers a simplified procedure known as the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is a Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. Most well-drafted wills in Texas request this, or it can be requested by agreement of all beneficiaries.
This guide provides an informational overview of the Lampasas 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
Lampasas County Clerk
Probate matters in Lampasas County are filed with the County Clerk's Office.
Address: 409 S. Pecan, Suite 201, Lampasas, TX 76550
Phone: (512) 556-8271 (County Clerk)
Hours: Monday through Friday (contact the clerk's office to verify current hours)
The County Clerk's office is located in the Lampasas County Courthouse Annex. The main historic courthouse is located at 501 E. Fourth St. Probate hearings are typically held in the County Court.
Parking and Access
Street parking is generally available around the courthouse square and the annex building. The buildings are 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: For estates valued at $75,000 or less (excluding homestead/exempt property) with no will.
- Muniment of Title: For estates with a will but no debts (except mortgage) and no need for administration.
- 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 Lampasas County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically ~$360)
- Civil Case Information Sheet
Note: Texas mandates e-filing for attorneys. Pro se litigants may be able to file in person, but hiring an attorney is highly recommended (and often required by judges) for probate matters in Texas.
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 Lampasas County (e.g., Lampasas Dispatch Record) 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 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, Appraisement, and List of Claims: File within 90 days of qualification (unless an Affidavit in Lieu of Inventory is allowed)
- Pay valid debts and taxes
- Distribute remaining assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Lampasas County-Specific Procedures
- E-filing: Mandatory for attorneys via eFileTexas.
- Attorney Requirement: Texas courts generally require executors/administrators to be represented by an attorney because they are representing the interests of third parties (beneficiaries/creditors).
- Hearings: Hearings are generally held in the County Court. Check with the court coordinator for scheduling.
- Publication: Notice to creditors should be published in the Lampasas Dispatch Record.
Always check with the County Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Lampasas County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Letters/Citations: ~$8 per citation / ~$2 per letter
- Publication costs: approximately $100-$200 depending on the newspaper
Fees are subject to change. Contact the County Clerk for the current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years or more
The 10-day posting period is a mandatory minimum wait time before a hearing can be held.
Local Resources
Lampasas County Court Resources
- County Clerk Website: https://www.co.lampasas.tx.us/page/lampasas.County.Clerk
- Texas Estates Code: https://statutes.capitol.texas.gov/
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com/
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- Lampasas Dispatch Record: (512) 556-6262 — https://www.lampasasdispatchrecord.com/