Overview
Stephens County is located in Texas with a population of approximately 9,101. The Stephens 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 intestate estates valued at $75,000 or less (excluding homestead and exempt property). Another option is 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 sets a standard maximum commission for executors and administrators at 5% of all sums actually received or paid out in cash, though this can be modified by the will.
This guide provides an informational overview of the Stephens 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
Stephens County Court
Probate matters in Stephens County are handled at the Stephens County Courthouse.
Address: 200 West Walker Ste. 116, Breckenridge, TX 76424
Phone: (254) 559-3700 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Stephens County Courthouse is a historic building located in the heart of Breckenridge. The County Clerk's office, which serves as the clerk for the probate court, is located on the main floor.
Parking and Access
Street parking is generally available around the courthouse square. The building is 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: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may qualify for this simplified process.
- Muniment of Title: If there is a will but no debts (except secured real estate) and no need for administration, this "probate as a record of title" may be sufficient.
- 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 Stephens County Court. Include:
- Original Will (if applicable)
- Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $300-$400)
- Proposed Order
E-filing is mandatory for attorneys in Texas 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 Stephens County (such as the Breckenridge American) one time.
- Wait for the return date: The hearing cannot be held until the Monday following the expiration of 10 days after service/posting.
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 — publish notice to creditors in a local newspaper within 1 month; send secured creditors notice 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 (or a closing report/affidavit in independent administration).
Local Requirements
Stephens County-Specific Procedures
- E-filing: Stephens County accepts e-filing through EFileTexas.gov.
- Hearing Scheduling: Hearings are typically scheduled by contacting the County Clerk's office directly after the mandatory waiting period.
- Pro Se Litigants: While allowed, the court strongly recommends retaining counsel due to the complexity of probate law. Most courts in Texas require an attorney for Independent Administration.
- Publication: Notice must be published in a newspaper of general circulation in Stephens County one time.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Stephens County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $300
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Judge's signature fee: $2.00
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. Convenience fees may apply for credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Timelines are affected by the mandatory creditor notice periods, inventory deadlines, and court scheduling availability.
Local Resources
Stephens County Court Resources
- Court Website: co.stephens.tx.us
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral Service: (800) 252-9690 — Statewide referral service
- Legal Aid of NorthWest Texas: (800) 955-3959 — Legal aid for low-income residents
- Texas Bar: texasbar.com
Publication
- Breckenridge American: (254) 559-2292 — Local newspaper for legal notices