Overview
Lipscomb County is located in Texas with a population of approximately 3,059. The Lipscomb 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 simplified procedures for smaller estates. A Small Estate Affidavit can be used if the value of the estate, excluding the homestead and exempt property, is $75,000 or less and there is no will. A Muniment of Title is available if there is a valid will and no unpaid debts (except for liens on real estate), and no need for administration.
Texas law allows for a standard executor commission of 5% on all sums actually received or paid out in cash, with certain exceptions.
This guide provides an informational overview of the Lipscomb 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
Lipscomb County Courthouse
Probate matters in Lipscomb County are handled at the Lipscomb County Courthouse.
Courthouse Address: 105 Oak Street, Lipscomb, TX 79056
County Clerk Address: 101 South Main, Lipscomb, TX 79056 (Mailing: P.O. Box 70, Lipscomb, TX 79056)
Phone: (806) 862-3091 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM (closed 12:00 PM - 1:00 PM for lunch)
The Lipscomb County Courthouse is a historic building located in the town of Lipscomb. The County Clerk's office, which accepts probate filings, is located at 101 South Main within the courthouse complex.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during standard 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.
- Muniment of Title: If there is a valid will and no unpaid debts (except for liens on real estate), and no need for administration.
- 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 Lipscomb County Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- Citation return (after service)
- Any additional required documents
E-filing is mandatory for attorneys 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 at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Lipscomb County (one time)
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 10 to 14 days after filing. 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:
- Publish notice to creditors in a local newspaper within 1 month of receiving letters; secured creditors must be notified within 2 months
- 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
Local Requirements
Lipscomb County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se filers may file in person or electronically via EFileTexas.
- Hearing Scheduling: Hearings are scheduled through the County Clerk's office.
- Original Will: Must be filed with the clerk within 3 days of electronic filing.
- Publication: Notice must be published in a newspaper of general circulation in Lipscomb County one time.
Always check with the County Clerk for the most up-to-date local rules and requirements.
Timeline & Fees
Filing Fees (Lipscomb County)
- Application for Probate of Will: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Judge's signature fee: $2
Texas allows for a 5% commission on all sums actually received or paid out in cash for executors/administrators.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2 years
Creditor claim periods and tax filings can extend timelines.
Local Resources
Lipscomb County Court Resources
- Court Website: co.lipscomb.tx.us
- Probate Self-Help: Texas Law Help - Estate Administration
- 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) 955-3959 — Free legal help for low-income residents
- Texas Bar Lawyer Referral: texasbar.com
Publication
- The Booker News: (806) 658-4516 — Local newspaper for legal notices
- The Canadian Record: (806) 323-6461 — Regional newspaper serving the area