Overview
Swisher County is located in Texas with a population of approximately 6,877. The Swisher 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 a 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 a Small Estate Affidavit procedure for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. This allows heirs to collect assets without full probate administration.
Texas law provides for a statutory executor commission of 5% of all sums actually received or paid out in cash, with specific exceptions.
This guide provides an informational overview of the Swisher 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
Swisher County Court
Probate matters in Swisher County are handled at the Swisher County Courthouse.
Address: 119 S. Maxwell Ave, Tulia, TX 79088
Phone: (806) 995-3294 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 3:00 PM
The County Clerk's office is located within the courthouse and serves as the filing location for all probate documents.
Parking and Access
Free street parking is generally available around the courthouse square in Tulia. 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, you may qualify for this simplified procedure.
- Muniment of Title: If there is a will but no need for administration (no debts other than a mortgage), this procedure validates the will to transfer property titles.
- 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 Swisher County Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (typically $300-$400)
- Civil Case Information Sheet
- Any additional required documents
E-filing is mandatory for attorneys in Texas courts.
Step 3: Provide Notice
After filing, you must:
- Post notice at the courthouse (handled by the clerk/sheriff) for at least 10 days before the hearing.
- Publish notice to creditors in a newspaper of general circulation in Swisher County (e.g., The Swisher County News) within one month of receiving Letters.
- Mail notice to beneficiaries and secured creditors as required by the Texas Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 3 weeks after filing (after the 10-day posting period). At the hearing, the judge reviews the application and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- Inventory, Appraisement, and List of Claims must be filed within 90 days of qualification (unless an Affidavit in Lieu of Inventory is allowed)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Swisher County-Specific Procedures
- E-filing: Mandatory for all attorneys; pro se litigants may file in person.
- Hearings: Hearings are generally scheduled through the County Clerk or the Judge's coordinator.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Swisher County, such as The Swisher County News.
- Local Rules: Check with the County Clerk for any specific local standing orders regarding probate.
Timeline & Fees
Filing Fees (Swisher County)
- Probate of Will / Administration: approximately $300-$400
- Small Estate Affidavit: approximately $300-$400
- Muniment of Title: approximately $300-$400
- Certified copies of Letters: approximately $2 per certified copy plus $5 for the clerk's certification
- Publication costs: approximately $50-$150 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
Timelines depend heavily on whether the estate qualifies for Independent Administration, which minimizes court supervision.
Local Resources
Swisher County Court Resources
- Court Website: co.swisher.tx.us
- County Clerk: swisherclerk.com
- Texas Probate Forms: guides.sll.texas.gov
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Legal Aid of NorthWest Texas: (800) 955-3959 — Provides free civil legal help to low-income residents
- Texas Law Help: texaslawhelp.org
Publication
- The Swisher County News: (806) 995-3535 — Newspaper of general circulation