Overview
Roberts County is located in Texas with a population of approximately 837. The Roberts 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 for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is Muniment of Title, used when there is a valid will but no need for estate administration (e.g., no debts other than a mortgage).
Filing fees in Roberts County typically range from $300 to $400 for a standard probate application. Texas law allows for reasonable attorney fees, and executors may be entitled to a commission of 5% of all sums actually received and paid out in cash.
This guide provides an informational overview of the Roberts 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
Roberts County Court
Probate matters in Roberts County are handled at the Roberts County Courthouse.
Address: 300 E Commercial St, Miami, TX 79059
Phone: (806) 868-2341 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 12:00 PM
The County Clerk's office is located in the historic courthouse in Miami. The clerk serves as the custodian of records for the County Court.
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 will but no need for administration (no debts other than a mortgage).
- 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 Roberts County Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $360)
- 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.
- Publish notice in a newspaper of general circulation in Roberts County (typically The Miami Chief) for one time.
- Post notice at the courthouse for at least 10 days before the hearing.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks 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:
- Notify creditors by publishing a notice in a local newspaper within one month.
- 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
Roberts County-Specific Procedures
- E-filing: Roberts County accepts e-filing through eFileTexas. Attorneys are required to e-file.
- Hearings: Hearings are generally held in the County Court; contact the County Clerk to schedule.
- Pro Se Litigants: While allowed, the court highly recommends retaining counsel due to the complexity of probate law.
- Publication: Notice must be published in a newspaper of general circulation in Roberts County, such as The Miami Chief.
Always check with the County Clerk for the most up-to-date local rules and requirements.
Timeline & Fees
Filing Fees (Roberts County)
- Probate of Will: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Judge's signature fee: $2
Texas allows for "reasonable" attorney fees; executors may claim 5% of sums received and paid out.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Timelines can be affected by the creditor claim period (minimum 4 months), court scheduling, and the complexity of asset distribution.
Local Resources
Roberts County Court Resources
- Court Website: co.roberts.tx.us
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: (800) 252-9690 — Referral service for finding a probate attorney.
- Legal Aid of NorthWest Texas: (800) 955-3959 — Legal assistance for low-income individuals.
- Texas Bar: texasbar.com
Publication
- The Miami Chief: (806) 868-2241 — Newspaper of general circulation in Roberts County.