Overview
Terry County is located in Texas with a population of approximately 11,600. The Terry 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 for estates valued at $75,000 or less (excluding homestead and exempt property) when there is no will. A Muniment of Title is another option for probating a will to transfer title to property when there are no estate debts other than a mortgage.
Texas law sets a standard executor commission of 5% on all sums received and paid out in cash, though this can be altered by the will.
This guide provides an informational overview of the Terry 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
Terry County Courthouse
Probate matters in Terry County are handled at the Terry County Courthouse.
Address: 500 W. Main St, Brownfield, TX 79316
Phone: (806) 637-7230 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM (Closed 12:00 PM - 1:00 PM)
The County Clerk's office is located in Room 105. The County Court handles probate matters.
Parking and Access
Free parking is generally available around the courthouse square.
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: Used to transfer title to real property when there is a will but no need for estate administration (no debts).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Application for Probate of Will and Issuance of Letters Testamentary with the Terry County Court. Include:
- Original Will
- Death Certificate
- Civil Case Information Sheet
- Filing fee (approx. $360)
- 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:
- Wait the mandatory 10-day period after the Clerk posts the citation at the courthouse.
- Publish notice to creditors in a newspaper of general circulation in Terry County for one time (required within 1 month of receiving Letters).
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:
- Publish notice to creditors in a local newspaper within 1 month of receiving Letters. Secured creditors must be notified 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
Local Requirements
Terry County-Specific Procedures
- E-Filing: Terry County accepts e-filing through EFileTexas.gov.
- Hearings: Hearings are typically held in the County Court. Contact the court coordinator to schedule.
- Pro Se Litigants: Texas law generally requires an executor to be represented by an attorney because they represent the interests of third parties.
- Publication: Notice must be published in a newspaper of general circulation in Terry County for one time.
Documents must be e-filed. Pro se applicants are strongly encouraged to hire counsel.
Timeline & Fees
Filing Fees (Terry County)
- Application for Probate of Will: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Judge's Signature Fee: $2.00
Executor Compensation
Texas law provides for executor compensation of 5% on all sums received and paid out in cash. This can be modified by the terms of the will.
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit cards (via Certified Payments). Credit card payments incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Timelines are affected by creditor claim periods, court scheduling, and the complexity of the estate.
Local Resources
Terry County Court Resources
- Court Website: co.terry.tx.us
- Probate Self-Help: Texas Law Help - Estate Administration
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Legal Aid of NorthWest Texas: (806) 763-4557 — Legal Aid
- State Bar Lawyer Referral: texasbar.com
Publication
- Brownfield News: (806) 637-4535 — Newspaper of General Circulation
- Lubbock Avalanche-Journal: (806) 762-8844 — Regional Newspaper