Overview
Potter County is located in Texas with a population of approximately 118,525. The Potter 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, such as the Small Estate Affidavit, which can be used 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 allows for "Independent Administration," which significantly reduces court supervision and costs. If the will provides for it or all beneficiaries agree, the executor can act largely without court approval after being appointed.
This guide provides an informational overview of the Potter 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
Potter County Clerk
Probate matters in Potter County are filed with the County Clerk and heard at the Potter County Courthouse.
Address: 500 S. Fillmore St., Suite 201, Amarillo, TX 79101
Phone: (806) 379-2284 (Court Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located in the main courthouse building. Probate hearings are typically held in the County Court or County Courts at Law.
Parking and Access
Public parking is available around the courthouse and in nearby surface lots in downtown Amarillo. Visitors pass through security screening upon entry.
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/exempt property) and there is no will.
- Muniment of Title: If there is a will, no unpaid 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 Potter County Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of Death Certificate
- Filing fee (approx. $260–$360)
- Civil Case Information Sheet
E-filing: Texas mandates e-filing for all civil and probate cases filed by attorneys. Pro se litigants may file in paper, but e-filing via eFileTexas is encouraged.
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 administration, publish a notice to creditors in a newspaper of general circulation in Potter County (e.g., Amarillo Globe-News) within one month of receiving Letters.
- Mail notice: Send notice to secured creditors and beneficiaries as required by the 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 (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Potter County-Specific Procedures
- E-filing: Mandatory for attorneys; accepted via eFileTexas.gov.
- Local Rules: Potter County follows the Local Administrative Rules for the District and County Courts of Potter County.
- Hearings: Hearings are generally held in person, though some procedural matters may be handled via submission. Check with the specific court coordinator.
- Publication: Notice to creditors is typically published in the Amarillo Globe-News.
Always check with the County Clerk's probate division for the most current local forms and checklists.
Timeline & Fees
Filing Fees (Potter County)
- Probate of Will / Administration: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Issuance of Citations: $8.00 each
- Judge's Fee: $2.00 per order
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Verify exact amounts with the County Clerk.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. A convenience fee applies to card payments.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period means the initial hearing cannot occur sooner than ~2 weeks after filing.
Local Resources
Potter County Court Resources
- Court Website: co.potter.tx.us
- Probate Forms: Potter County Forms
- Texas Estates Code: statutes.capitol.texas.gov
Legal Aid and Attorney Referrals
- Amarillo Area Bar Association: (806) 371-7226
- Legal Aid of NorthWest Texas (Amarillo): (806) 373-6808
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Amarillo Globe-News: (806) 376-4488 — amarillo.com