Overview
Lubbock County is located in Texas with a population of approximately 327,394. The Lubbock County Court (specifically the County Court at Law) 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, such as the Small Estate Affidavit (for estates valued at $75,000 or less, excluding homestead and exempt property) and Muniment of Title (used when there is a will but no need for administration).
Texas allows for "Independent Administration," which significantly reduces court supervision and costs compared to dependent administration. Statutory executor commissions are generally 5% of sums received and paid out in cash, though this can vary by will terms.
This guide provides an informational overview of the Lubbock 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
Lubbock County Court
Probate matters in Lubbock County are handled at the Lubbock County Courthouse.
Address: 904 Broadway, Room 207, Lubbock, TX 79401
Phone: (806) 775-1076 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The County Clerk's office is located on the second floor of the courthouse (Room 207). The County Courts at Law preside over probate hearings.
Parking and Access
Public parking is available in surface lots surrounding the courthouse and metered street parking is also available. Visitors must pass through security screening at the main entrance.
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 file this affidavit to transfer assets without full probate.
- Muniment of Title: If there is a valid will, no unpaid debts (except those secured by real estate), and no need for a court-appointed executor, this procedure acts as a link in the chain of title to transfer property.
- 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 with the Lubbock County Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $360)
- Proposed Order Admitting Will to Probate
E-filing is mandatory for attorneys and available for pro se litigants via EFileTexas.gov.
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 before the hearing.
- Publish notice: For independent administrations, you must publish a notice to creditors in a newspaper of general circulation in Lubbock County within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 10 to 14 days after filing (once the 10-day posting period has elapsed). At the hearing, the judge reviews the petition, hears testimony (the "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 secured creditors within 2 months and general creditors via publication within 1 month.
- Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible).
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a closing report or notice of closing estate to conclude the process.
Local Requirements
Lubbock County-Specific Procedures
- E-Filing: Mandatory for all attorneys. Pro se litigants are encouraged to e-file but may file in person.
- Court Appearance: The executor and attorney typically must appear in person for the prove-up hearing, though some courts may allow remote hearings for uncontested matters.
- Proposed Orders: Must be submitted to the court for review prior to the scheduled hearing.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Lubbock County, such as the Lubbock Avalanche-Journal.
Always check the latest Local Court Rules for the Lubbock County Courts at Law before filing.
Timeline & Fees
Filing Fees (Lubbock County)
- Probate of Will & Issuance of Letters: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Certified copies of Letters: $2.00 per letter + $5.00 certification fee (approx. $7.00 total)
- Publication costs: approximately $100-$200 depending on the newspaper
- Judge's Signature Fee: $2.00 per order
Texas law sets statutory executor commissions at 5% of sums received and paid out in cash, unless the will specifies otherwise.
Payment Methods
The court accepts cash, credit cards, money orders, and cashier's checks. Credit card payments are subject to a convenience fee.
Estimated Timelines
- Simple estates (Independent Administration): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 9 months to 2 years
The mandatory 10-day posting period means the hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Lubbock County Court Resources
- Court Website: lubbockcounty.gov
- Probate Department: County Clerk's Office
- Texas Probate Forms: Texas Law Help
Legal Aid and Attorney Referrals
- Lubbock Area Bar Association: (806) 775-1668 — Local legal community resources.
- Legal Aid of NorthWest Texas: (806) 763-4557 — Provides free civil legal services to low-income residents.
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Lubbock Avalanche-Journal: (806) 762-3441 — Major daily newspaper.
- Slatonite: (806) 828-6201 — Local weekly newspaper.