Lubbock firm serving Lubbock County and the surrounding South Plains, handling wills, trusts, estate tax planning, and probate alongside business and real estate work. Of Counsel Samuel Hawthorne is board certified by the Texas Board of Legal Specialization in both Estate Planning and Probate Law and Tax Law, and is also a licensed CPA.
What to Do When Someone Dies in Lubbock County, Texas
How probate works in Lubbock County: the County Court (Constitutional) record, what the process costs, and how to file there.
Probate Court Record
Lubbock County Court (Constitutional)
Lubbock County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
Room 207, 904 Broadway, Lubbock, TX 79401
Website
Files probate
Probate
E-filing
Self-represented filing
Attorney of record required
Self-help forms
E-filing
Required for attorneysAttorneys must e-file probate cases through eFileTexas; self-represented filers may e-file or file on paper. When an application to probate a will is e-filed, the original will goes to the clerk within three business days. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed.
P.O. Box 10536
Lubbock, TX 79408
Departments
- Probate1-806-775-1067 · Takes probate filings · Room 207The County Clerk's probate desk in Room 207 takes probate and guardianship filings.
- Probate and guardianship copy requests1-806-775-1047Copy requests from a probate or guardianship case are priced over the phone by case number and case name before the request is sent.
About the court
- Probate and guardianship cases are filed with the County Clerk in Room 207 and heard in the constitutional County Court, which has the general jurisdiction of a probate court.
Verified October 16, 2026 · Source
How Probate Works in Lubbock County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Lubbock, probate runs through the County Court (Constitutional) at 904 Broadway, Room 207, Lubbock.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.
Most Texas estates take 6 months to 12 months to move through this process. Creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present a claim, counted from the written notice the representative sends them, not from publication.
What Probate Costs in Lubbock County
What probate costs in Lubbock County, Texas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the County Court (Constitutional) at 904 Broadway, Room 207, Lubbock.
The County Court (Constitutional) charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)Verified Oct 17, 2026 to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Texas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Tex. Est. Code § 305.101Verified Sep 8, 2026View source of estate value annually.
Probate in Texas typically runs 6 months to 12 months, and costs accrue throughout that period.
How to File Probate at the County Court (Constitutional)
Probate cases in Lubbock County, Texas are filed at the Probate of the County Court (Constitutional).
Can You File Without an Attorney?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
For a full cost comparison and filing checklist, see the Lubbock County Self-Filing Assessment.
Lubbock County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Records Access
Probate copies are requested by case number; the clerk does not search by name
The clerk does not search for probate cases by name or over the phone. Copies are $1 a page plus $5 for certification; mailed requests are paid by cashier's check or money order payable to Lubbock County Clerk, and card payments are taken online only, with a vendor fee of $2.50 or 2.95%, whichever is greater.
SourceWhat to Bring
Filed with the opening petition at the County Court (Constitutional): Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — drafted by counsel, no statewide form; Original will and any codicils, filed with the application (Tex. Est. Code ch. 256); Certified copy of the death certificate / proof of death; Citation issued by the county clerk and served — by posting where the will is produced in court — before the court may act on the application, and proof of that service (Tex. Est. Code §§ 258.001, 258.003; §§ 256.151(4), 301.151(4))Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Lubbock County
In Lubbock County certified copies of the death certificate come from the Justice of the Peace of the district where the death occurred, or from Texas Department of State Health Services - Vital Statistics Section.
Vital Records Office Record
Texas Department of State Health Services - Vital Statistics Section
Lubbock County · State vital records office
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
DSHS - VSS, MC 2096, 1100 West 49th Street, Austin, TX 78756
Website
Certified copies
From the Justice of the Peace of the district where the death occurred, or from Texas Department of State Health Services - Vital Statistics Section
Texas Vital Statistics
Department of State Health Services
P.O. Box 12040
Austin, TX 78711-2040
Certified copy fees
| First certified copy | $20 |
| Each additional copy ordered at the same time | $3 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Lubbock County · Lubbock County Medical Examiner
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
3711 North Holly Avenue, Lubbock, TX 79403
Website
Mail and offices
Fax
1-806-775-7908
Verified November 2, 2026 · Source
Transferring Property in Lubbock County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Lubbock County are recorded with the County Clerk at 904 Broadway, Room 207, Lubbock, TX 79401. Phone: 1-806-775-1062.
Documents submitted by mail go to P.O. Box 10536, Lubbock, TX 79408-3536.
The County Clerk charges $25 for the first page plus $4 for each additional page.
Recording Office Record
County Clerk
Lubbock County
P.O. Box 10536
Lubbock, TX 79408-3536
Recording fees
| Base fee (first page) | $25 |
| Each additional page | $4 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025
Verified October 17, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Heirship Form
Probate Attorneys Serving Lubbock County
Texas allows independent administrationTex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Texas are based on reasonable compensation, billed hourly or as a flat fee. Ask a Lubbock County firm to quote a structure up front.
A probate attorney files the petition with the County Court (Constitutional), publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Lubbock elder law practice serving Lubbock County and the surrounding South Plains counties. Handles probate, proving a will and transferring property to beneficiaries or determining heirs when there is no will, plus Medicaid planning and MERP, estate and disability planning, wills, and statutory durable and medical powers of attorney. Free 30-minute consultation.
Amarillo firm on S. Polk with a second office in Lubbock, serving the Texas Panhandle and South Plains. Jason D. Rahlfs carries the wills, trusts, and probate work, which the firm runs alongside its business, real estate, and litigation practice.
Rockwall solo practice serving Rockwall, Dallas, Kaufman, and Collin counties, and Texas statewide since 1994. Michael Cramer drafts wills, revocable living trusts, and special needs trusts, handles trust administration, and litigates will and trust contests. Services are offered in English and Spanish, and the initial case evaluation is complimentary.
Beaumont-headquartered Texas firm whose estate group serves Jefferson, Orange, and Hardin counties from its home office. Principals Christopher D. Leavins and Gary W. Coker advise executors, trustees, and beneficiaries on settling estates and managing trusts, handle guardianships, and litigate will contests and trust disputes. Offices in five Texas cities.
Texas firm whose Trusts & Estates group works from six offices statewide, including Austin, for families, family offices, and closely held businesses. Handles probate, trust, and guardianship administration, fiduciary advice to executors and trustees, and trusts and estates litigation, alongside wealth transfer, business succession, and charitable planning.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- Tex. Est. Code §§ 352.002, 352.003
- Tex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)
- Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)
- Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102
- Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)
- Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025
- Lubbock County Court (Constitutional), official page
- Lubbock County Clerk, official page
- Lubbock County vital records and death investigation offices, official page
Data sourced from Texas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Texas
Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Texas.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
Get the Answer
Hire a Texas Probate Attorney
Browse vetted Texas attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
