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Carson County, TX Probate Information

Quick facts

CategoryCurrent rules
CourtThe Carson County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Carson County has no statutory probate court and no county court at law, the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, contains no Carson County entry, and neither does Government Code Chapter 26. The county confirms its own court type in the title of a published commissioners court order: "Order Setting the Terms of the Constitutional County Court" (verified July 2026)
Filing officeThe Carson County Clerk, who is the clerk of the county court (Texas Constitution article V, § 20). Estates, wills and guardianships are filed with the County Clerk. In Carson County one elected officer holds both clerkships, which Government Code § 51.501(a) provides for in a county with a population of less than 8,000, so the same person and the same counter also serve the 100th Judicial District. The county publishes Gayla Cates in that combined role and she signs the county's recording fee schedule as "Carson County and District Clerk" (verified July 2026). The practical tell that the two sides are separate is the county's card payments: the County Clerk's Certified Payments bureau code is 3227017 and the district side's is 2645397, and the county warns that paying the wrong court delays the payment
CourthouseCarson County Courthouse, 501 Main Street, Panhandle, TX 79068. The County Clerk's counter and the County Judge are both in the courthouse. All terms of the county court must be held at the county seat (Government Code § 26.002(c)), so Panhandle is the only probate location in the county
Mailing addressCarson County Clerk, P.O. Box 487, Panhandle, Texas 79068, which is the box the clerk publishes on her own page and on the county's recording fee schedule. Do not use P.O. Box 369: that is the courthouse and County Judge box published on the county's contact page, and an original will sent there is going to the wrong office
Phone806-537-3873 for the Carson County Clerk, published on the clerk's own page. The Carson County Courthouse general line is 806-537-2200 and the County Judge's office is 806-537-3622. Carson County publishes no separate probate desk or probate line
Fax806-537-3623, published by the County Clerk. Note that this is a contact number only: the clerk publishes that "Per Local Gov't Code 51.803 and 51.807 the Carson County Clerk's Office does not accept fax filings or documents for filing by e-mail"
Email[email protected], the only address the Carson County Clerk publishes (verified July 2026). It is an individual officeholder's mailbox rather than a departmental one, so it changes when the office changes hands, and it cannot be used to file anything. Ignore any e-recording vendor address you find listed as the clerk's contact: the county lists Simplifile and CSC eRecording as the vendors for recording official public records documents, not as the clerk's mailbox
Office hoursMonday through Thursday, 8:00 a.m. to 4:30 p.m., and Friday, 8:00 a.m. to 1:00 p.m., per the County Clerk's own page (verified July 2026). Carson is unusual and says so in capitals: the office stays open through the lunch hour, which the clerk's page notes with "please note we ARE open during lunch hour". The county home page posts the same schedule for the courthouse as a whole, with the building open to 5:00 p.m. Monday through Thursday and the note that "The Tax office & Clerks office will close at 4:30 pm for the END OF DAY". The Friday 1:00 p.m. close is the one to plan around
Filing fee$360.00 to open a probate case, which is both the statewide statutory base fee and the figure Carson County publishes itself. The county's schedule, headed "PROBATE, GUARDIANSHIP, MENTAL HEALTH CASES EFFECTIVE 1/1/2022", prints "LOCAL CONSOLIDATED FEE $223.00", "STATE CONSOLIDATED FEE $137.00" and "TOTAL FILING FEE $360.00". Those are the statutory amounts: $223 under Local Government Code § 135.102(a)(1) and $137 under Local Government Code § 133.151(a)(1), in effect since January 1, 2022. A later contested or adverse action is $120.00 on the same county schedule ($75 under § 135.102(a)(2) plus $45 under § 133.151(a)(2)). Carson publishes no sheriff posting fee and no all-in total, so confirm service and posting charges with the County Clerk before you file
Local formsNone. Carson County publishes no probate forms, no probate checklist, no cover sheet and no small estate affidavit template. The forms the county clerk does publish are birth and death certificate applications, an assumed name certificate and a livestock brand application, none of which touch an estate. Texas as a whole has no comprehensive statewide set of probate procedure forms either, so the application, the proof of death and other facts, the proposed order, the oath and the inventory are drafted by you or your attorney
E-filingMandatory for attorneys, and Carson County is live on the statewide system: the clerk's page states "We are LIVE on eFileTexas" and points filers to eFileTexas.gov to sign up with an electronic filing service provider. Attorney e-filing in probate cases in constitutional county courts is required statewide by the Supreme Court of Texas order at Misc. Docket No. 13-9164, and the phase-in finished on July 1, 2016 at the latest; Carson publishes no county-specific probate date, so none is given here. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Carson publishes no exception for self-represented filers and does publish that it accepts no fax or e-mail filings, so call 806-537-3873 before attempting a paper filing
Case searchNone for probate. Carson County publishes no online probate case search. The records portal the County Clerk links, Carson County Official Public Records on the Tyler Technologies eagle recorder site at countygovernmentrecords.com, covers "Images and Index since January 1964" and is free to sign up for, but it is a LAND records system: its own front page says it "is used to search for documents that have been recorded in land records offices". It indexes deeds, liens and foreclosure postings, not estates. Documents e-filed in a Carson probate case may be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents ($1.00 for a document of 1 to 10 pages and $0.10 per page after that, per its own FAQ), and states that it provides an unofficial copy and that the clerk of the court is the official custodian of the records. Coverage is set county by county and Carson's is not published, so ask the Carson County Clerk
Remote appearanceNot published. Carson County publishes nothing about telephone or video appearances in probate matters, and nothing here should be read as promising one. Ask the Carson County Clerk at 806-537-3873 when the hearing is set
Websitehttps://www.co.carson.tx.us/page/carson.County.Clerk (the Carson County Clerk, with the office hours, the e-filing and no-fax-filing rules and the probate fee schedule link). The county's probate fee schedule is at https://www.co.carson.tx.us/upload/page/1414/PROBATE%20FEES%202022.pdf and its official public records recording fee schedule at https://www.co.carson.tx.us/upload/page/1414/docs/OPR%20FEE%20SCHEDULE%20EFFECTIVE%20JANUARY%201%202024.pdf

Before you begin — know the assets and liabilities

Before you file anything in Panhandle, know what is actually in the estate and what it owes. Which Texas route fits, and whether an administration is needed at all, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and are the same in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before your first filing matters more than usual in Carson County, because the clerk's office takes no fax filing and no filing by e-mail, requires every document in a case to arrive as its own lead document, and closes at 1:00 p.m. on Fridays. A rejected envelope or a wrong route costs you days here, not hours.

Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Carson County or out-of-county real property, along with every debt, before you apply. How each asset is titled decides whether it passes through the estate at all: survivorship accounts, accounts with a named beneficiary and land covered by a recorded transfer on death deed pass outside the estate and never reach the county court. Give that question extra care if the estate includes land, a mineral interest or property in another county, because those are the assets most often missed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Carson County Clerk describes the estate accurately the first time.

Which court handles jurisdiction

The Carson County Courthouse at 501 Main Street in Panhandle is the single probate filing location for the whole county. There is no branch, satellite or annex counter for estates, and there is no second courthouse: the County Clerk takes filings in the courthouse, the County Judge sits in the same building, and Government Code § 26.002(c) requires that all terms of the county court be held at the county seat. The court serves every part of the county, including Panhandle, Groom, White Deer and Skellytown and the rural areas between them. Because attorneys file electronically through eFileTexas.gov, most of the paperwork in an uncontested estate never requires a trip to Panhandle; what does require one is delivering the original will and attending whatever hearing the court sets.

Venue is straightforward for a Panhandle-area resident: you file in the county where the decedent lived, if the decedent had a domicile or fixed place of residence in Texas (Estates Code § 33.001(a)(1)). If the person lived in Carson County, the case belongs in the Carson County Court, even if they died in a hospital in Amarillo. For a decedent with no Texas domicile or fixed residence, venue depends on where the death happened and where the estate or the nearest of kin are (§ 33.001(a)(2)).

Which court hears the case is the fact most often gotten wrong on a small Texas county, and Carson is easy to state correctly because the statute books are silent about it. Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, has no Carson County entry, and Government Code Chapter 26, which carries the county-by-county provisions for constitutional county courts, has none either. So Carson County has no statutory probate court and no county court at law, the Carson County Court has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. The county says the same thing in its own documents: the commissioners court has published an "Order Setting the Terms of the Constitutional County Court", adopted September 9, 2019, which fixes four terms of that court under Government Code § 26.002. Read that order alongside the subsection the county did not print, § 26.002(b): "Notwithstanding Subsection (a), the court must be open at all times for the transaction of probate business." The terms organize the court's year; they do not close a window on filing an estate.

If a matter in the proceeding becomes contested, the case does not stay with the County Judge by default. Under Estates Code § 32.003(a), in a county with no statutory probate court and no county court at law exercising original probate jurisdiction, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, either request the assignment of a statutory probate court judge to hear the contested matter (Government Code § 25.0022) or transfer the contested matter to the district court, which may then hear it as if originally filed there. In Carson County that district court is the 100th District Court: Government Code § 24.202 composes the 100th Judicial District of Carson, Childress, Collingsworth, Donley and Hall counties, and provides that its terms begin in Carson County on the first Mondays in January and August, at 10 a.m. Three details matter in practice. A party's motion for assignment of a statutory probate court judge beats a transfer: if it is filed before the county judge transfers the matter, the county judge shall grant it and may not transfer the case unless the motion is withdrawn (§ 32.003(b)). A party may file that motion before anything becomes contested, and it takes effect if the matter later does (§ 32.003(c)). And the county court keeps the rest of the case: if only the contested matter is assigned out or transferred, the county court continues to exercise jurisdiction over the management of the estate until the contested matter is finally disposed of (§ 32.003(g)), and the matter returns to the county court when it is resolved.

The jurisdiction process

  1. Confirm the route and gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the names and addresses of the people who inherit, and a list of assets and debts with values. A person named in a will to settle the estate is an executor; a person appointed by the court where there is no will, or where no named executor qualifies, is an administrator; the Texas Estates Code's umbrella term for either is personal representative.
  2. Draft the papers yourself or with an attorney. Carson County publishes no probate forms of its own and Texas has no comprehensive statewide set of probate procedure forms, so the application, the proof of death and other facts, the proposed order, the oath and the inventory are drafted documents, not fill-in forms. Style the case in the Carson County Court, the constitutional county court, and not in a probate court or a county court at law, because Carson County has neither.
  3. E-file the application through eFileTexas.gov, one lead document at a time. The Carson County Clerk states "We are LIVE on eFileTexas" and sets two local rules that cause most rejected envelopes here: "EACH document in the same case needs to be submitted as a lead document", and "Orders should be submitted in a separate envelope so that they can be forwarded to the Judge." So the application goes in as a lead document, a copy of the will goes in as its own lead document, and a proposed order goes in a second envelope rather than riding along with them. Attorneys must e-file in probate matters; an unrepresented party may e-file but is not required to under Texas Rule of Civil Procedure 21(f)(1). Before you consider filing on paper, note what Carson rules out: "Per Local Gov't Code 51.803 and 51.807 the Carson County Clerk's Office does not accept fax filings or documents for filing by e-mail." Call 806-537-3873 and ask what the counter will take.
  4. Deliver the original will to the County Clerk within three business days. This is statewide and there is no electronic substitute: when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)), and the clerk must retain it in a numbered file folder (Rule 21(f)(13)). Take the wet-ink original to the Carson County Courthouse at 501 Main Street, Panhandle, or mail it to the Carson County Clerk, P.O. Box 487, Panhandle, Texas 79068. Use the clerk's box, not the courthouse box at P.O. Box 369, and remember the counter closes at 1:00 p.m. on Friday.
  5. Pay the filing fee. Carson County's own schedule, effective January 1, 2022, prints a total filing fee of $360.00 for a probate, guardianship or mental health case, made up of a $223.00 local consolidated fee (Local Government Code § 135.102(a)(1)) and a $137.00 state consolidated fee (Local Government Code § 133.151(a)(1)). Those two amounts are fixed by statute and are the same in every Texas county, which is why Carson's published figure and the statute match to the dollar. The county accepts Mastercard, Visa and American Express through Certified Payments; use the County Clerk's bureau code 3227017, because the county warns that a payment intended for another office in the county can be delayed. A filer who cannot afford the cost files a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145, and the court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)).
  6. Have citation issued and posted. In Texas the clerk issues citation on an application to probate a will or for letters, at the statutory issuing-document fee of $8.00 (Local Government Code § 118.059), and the sheriff or a constable posts it. Service and posting fees are set by the commissioners court, which may not set them higher than is necessary to pay the expenses of providing the service (Local Government Code § 118.131). Carson County publishes no posting figure, so ask the County Clerk what to add. Nothing is heard until the posting period has run and the return is on file, so build that into your timing.
  7. Let the clerk set the hearing, and ask rather than assume. Carson County publishes no probate docket day, no docket start time and no filing-to-hearing interval, so contact the County Clerk at 806-537-3873 once the filing is accepted. The commissioners court order setting the terms of the constitutional county court fixes four terms beginning on the first days of February, May, August and November, but that is the court's calendar year, not a limit on your case: the court must be open at all times for the transaction of probate business (Government Code § 26.002(b)). Terms are held at the county seat (§ 26.002(c)), so the hearing will be in Panhandle.
  8. Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Each set costs $2.00 (Local Government Code § 118.061), so order enough at the courthouse for every bank, transfer agent and title company the estate has to deal with rather than making a second trip to Panhandle.
  9. Administer the estate and file what the statute requires. The steps that follow are set by state statute and apply the same way in every Texas county: notice to beneficiaries after an order admitting a will (§ 308.002), published notice to creditors within one month of receiving letters (§ 308.051), notice to secured creditors within two months (§ 308.053), and the inventory, which must be filed with the court clerk before the 91st day after the personal representative qualifies unless the court grants longer (§ 309.051(a)). One of those has a small-county wrinkle worth asking about: if there is no newspaper of general circulation in the county, the creditor notice must be posted instead and the return made and filed as the Estates Code otherwise requires (§ 308.051(c)). Carson County does not publish which applies, so ask the County Clerk. File everything with the Carson County Clerk. Where the estate is being run as an independent administration, the court's involvement after the appointment order and the inventory is deliberately minimal (Estates Code chapters 401 to 405).
  10. Record anything that has to reach the deed records. Some estate steps are completed by recording rather than by filing in the case: an affidavit used to transfer title to a homestead must be recorded in the deed records of a county in which the homestead is located (Estates Code § 205.006(a)), and a creditor secured by real property who elects matured-secured-claim treatment must record a notice of the election in the deed records of the county where the property is (§ 403.052). In Carson County that recording is done by the same County Clerk, under the county's official public records schedule effective January 1, 2024: $25.00 for the first page and $4.00 for each additional page. The clerk asks that anyone recording by mail or in person include a self-addressed stamped envelope for the return of the documents, and warns that if the wrong fee is received the documents will be returned.

Forms and documents

Probate forms in Carson County

Carson County publishes no local probate forms. There is no county application to probate a will, no county order, no county oath, no county cover sheet, no county small estate affidavit template and no probate checklist or instruction sheet. The forms the Carson County Clerk does publish are an application for a birth certificate, an application for a death certificate, an assumed name certificate for an unincorporated business and a livestock brand application, and the only court forms the clerk links out to are the Texas Judicial Branch's nondisclosure forms. None of those touches an estate.

Texas as a whole has no comprehensive statewide set of probate procedure forms either. The Texas Judicial Branch forms page carries only will forms, a transfer on death deed kit and civil forms in this area, and the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1) (Estates Code chapters 205 and 257). In practice this means the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Carson County estate are drafted documents, prepared by you or by an attorney.

What Carson County does publish, and what is worth reading before you file, are two dated fee schedules and one court order. The probate schedule gives you the exact filing fee and its statutory breakdown. The official public records schedule gives you the recording cost for anything that has to reach the deed records. The order setting the terms of the constitutional county court tells you how the court's year is organized. The one genuinely statewide procedural form a Carson County filer may need is the Statement of Inability to Afford Payment of Court Costs, published on the Texas Judicial Branch forms page and required by Texas Rule of Civil Procedure 145.

ResourceWhat it provides
Carson County probate fee schedule (co.carson.tx.us)The county's own schedule, headed "PROBATE, GUARDIANSHIP, MENTAL HEALTH CASES EFFECTIVE 1/1/2022": a total filing fee of $360.00, split into a $223.00 local consolidated fee and a $137.00 state consolidated fee, with the full dollar allocation of the local fee across the thirteen statutory funds, plus a $120.00 total for an adverse action within an existing case
Carson County official public records recording fees (co.carson.tx.us)The recording schedule effective January 1, 2024, signed by the county and district clerk: $25.00 for the first page and $4.00 for each additional page, extra indexing charges where more than five names are indexed on one document, and the requirement to include a self-addressed stamped envelope
Order setting the terms of the Carson County constitutional county court (co.carson.tx.us)The commissioners court order adopted September 9, 2019 under Government Code § 26.002, fixing four terms of the county court beginning on the first days of February, May, August and November. Note that under § 26.002(b) the court must be open at all times for the transaction of probate business
Carson County Clerk (co.carson.tx.us)The office hours including the Friday 1:00 p.m. close, the lead-document and separate-envelope electronic filing rules, the statement that the office accepts no fax filings and no documents for filing by e-mail, the Certified Payments bureau code, and the links to the fee schedules
Texas Judicial Branch court forms (txcourts.gov)The statewide forms that do exist, including the Statement of Inability to Afford Payment of Court Costs required by Texas Rule of Civil Procedure 145, and the Supreme Court of Texas will forms. There is no statewide application, order, oath or inventory form

Fees

Carson County publishes a real, dated probate fee schedule, which is unusual at this county size, and it is worth reading closely because it prints the arithmetic rather than just a total. The heading is "PROBATE, GUARDIANSHIP, MENTAL HEALTH CASES EFFECTIVE 1/1/2022", and the bottom line is a total filing fee of $360.00. That date is not a sign of a stale document: the two consolidated fees that make up the $360.00 took effect on January 1, 2022, and the amounts on Carson's schedule match the statute exactly today.

The schedule's most useful feature is that it shows where the local share goes. The thirteen fund lines it prints above the total are the dollar allocation of the $223.00 local consolidated fee, not extra charges stacked on top of it, and they add up to exactly $223.00. They are reproduced below so that nobody reads them as add-ons.

ItemAmountAuthority or source
Opening a probate case, total filing fee$360.00Carson County's published probate fee schedule, effective January 1, 2022, which prints "TOTAL FILING FEE $360.00". This is also the statewide statutory base fee, identical in every Texas county: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (Local Government Code § 133.151(a)(1)), both in effect since January 1, 2022
Local consolidated fee, the county share of the $360.00$223.00Local Government Code § 135.102(a)(1), and printed as "LOCAL CONSOLIDATED FEE $223.00" on Carson County's own schedule. Carson prints its allocation in dollars: appellate judicial system $5.00, court facility $20.00, clerk of the court $40.00, records management and preservation $15.00, court reporter service $25.00, county law library $35.00, courthouse security $20.00, language access $3.00, county jury $10.00, county dispute resolution $15.00, court-initiated guardianship $20.00, judicial education and support $5.00, and public probate administrator $10.00. Those thirteen lines total $223.00 and are an allocation of the fee, not additional charges
State consolidated fee, the state share of the $360.00$137.00Local Government Code § 133.151(a)(1), and printed as "STATE CONSOLIDATED FEE $137.00" on Carson County's own schedule
Later contested or adverse probate action$120.00Carson County's schedule prints a second table, "ACTIONS WITHIN EXISTING CASES EFFECTIVE 1/1/2022 (ADVERSE ACTIONS)", totalling $120.00: a $75.00 local consolidated fee (Local Government Code § 135.102(a)(2)) plus a $45.00 state consolidated fee (§ 133.151(a)(2))
Issuing a citation or other document$8.00The statutory issuing-document fee each county clerk must collect (Local Government Code § 118.052(3)(A) and § 118.059). It covers an original document and one copy and includes recording the return
Letters Testamentary or Letters of Administration$2.00 eachThe statutory per-document fee the county clerk collects (Local Government Code § 118.052(3)(D) and § 118.061). Order enough sets for every institution the estate deals with
Filing the inventory and appraisement late$25.00Local Government Code § 118.052(2)(A)(i) and § 118.056(d). By the statute's own terms this fee applies only if the inventory is filed after the 90th day after the personal representative qualifies, or after a court-extended deadline under Estates Code § 309.051; an inventory filed on time carries no clerk fee. A separate $25.00 applies to filing an annual or final account of the estate and to an application for sale of real or personal property (§ 118.052(2)(A))
Depositing a will with the clerk for safekeeping$5.00Local Government Code § 118.052(3)(E) and § 118.062, payable when the will is deposited. This is the fee for depositing a living person's will, not for filing a will for probate
Certified copies$5.00 for the clerk's certificate plus $1.00 per pageLocal Government Code § 118.052(3)(B) and § 118.060. A certified copy of the letters or of an order is what most banks and title companies ask for
Recording a document in the official public records$25.00 first page, $4.00 each additional pageCarson County's official public records recording fee schedule, effective January 1, 2024, signed by the county and district clerk. This is the cost of recording an affidavit used to transfer title to a homestead (Estates Code § 205.006(a)) or a secured creditor's notice of election (§ 403.052). Where more than five names are indexed on one document the county adds $0.50 per name, and the county requires a self-addressed stamped envelope for the return of recorded documents
Sheriff or constable posting and serviceNot published by Carson CountyThese fees are set by the commissioners court, which may not set them higher than is necessary to pay the expenses of providing the service (Local Government Code § 118.131), and Carson publishes no figure. Ask the County Clerk at 806-537-3873 what to add before you budget. No other county's posting fee applies here
Electronic filing chargesSet by the vendor, not by Carson CountyFiling through eFileTexas.gov carries the electronic filing service provider's own charge and any card surcharge, on top of the court costs above. Carson County publishes no county electronic filing fee of its own
If you cannot afford the feeNo costFile a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f))

Two cautions. The $360.00 base is fixed by statute and is the same in all 254 Texas counties, so a quoted figure materially above it is either a total that folds in citation, posting, publication or ad litem charges, or it is out of date; Carson County itself publishes no all-in total, and none is invented here. And pay to the right side of the office: because one elected officer serves as both the county clerk and the clerk of the 100th Judicial District, the county runs two Certified Payments bureau codes, 3227017 for the County Clerk and 2645397 for the district side, and it warns that a payment sent to the wrong office can be delayed in reaching the right one.

Local nuance

Carson County-specific considerations

Every document goes in as its own lead document, and orders travel separately. This is the Carson rule that most often causes a rejected envelope, and the clerk states it plainly: "EACH document in the same case needs to be submitted as a lead document. Orders should be submitted in a separate envelope so that they can be forwarded to the Judge." A filer used to attaching the will to the application in eFileTexas.gov, or to bundling a proposed order with the papers it belongs to, will have the envelope bounced or the order buried. Upload the application and the copy of the will as two separate lead documents, send any proposed order in its own envelope, and then deliver the wet-ink original will to the County Clerk within three business days (Texas Rule of Civil Procedure 21(f)(12)).

There is no fax filing and no filing by e-mail, and the clerk cites the statutes for it. The published rule is: "Per Local Gov't Code 51.803 and 51.807 the Carson County Clerk's Office does not accept fax filings or documents for filing by e-mail." The office does publish a fax number, 806-537-3623, but it is for correspondence rather than filings. That leaves electronic filing through eFileTexas.gov, the counter at 501 Main Street, and the mail to P.O. Box 487, and it means a self-represented filer who is not e-filing should call 806-537-3873 first and ask what the office will accept.

One officer, two clerkships, and one thing to get right. Government Code § 51.501(a) provides that a county with a population of less than 8,000 elects a single clerk to perform the duties of the district clerk and the county clerk, and Carson County publishes exactly that arrangement: the same name, address, phone, fax and mailbox appear on both the County Clerk and the District Clerk pages, and the county's recording fee schedule is signed "Carson County and District Clerk" (verified July 2026). Nothing about that changes where an estate starts. Probate is county court business, the county clerk is the clerk of the county court (Texas Constitution article V, § 20), and the estate is opened and docketed on the county clerk side. The county keeps the two sides apart for money: separate Certified Payments bureau codes, 3227017 for the County Clerk and 2645397 for the district side, with a published warning that a misdirected payment gets delayed.

The county court has four terms, and none of them can stop you filing a probate. Carson's commissioners court has published an "Order Setting the Terms of the Constitutional County Court", adopted September 9, 2019 by a vote of 5 ayes and 0 nays, which orders that under Government Code § 26.002 the court convene in four terms: February through April, May through July, August through October, and November through January. Read on its own that looks like a schedule you have to fit into. It is not. The same section provides at § 26.002(b) that "the court must be open at all times for the transaction of probate business", and at § 26.002(c) that all terms of court must be held at the county seat, which is Panhandle. The terms tell you how the court's year is organized; the statute tells you the probate door is always open.

The 100th District Court is a five-county court, which is a practical reason to think about the assignment route in a contest. Government Code § 24.202 composes the 100th Judicial District of Carson, Childress, Collingsworth, Donley and Hall counties, and sets its terms in Carson County to begin on the first Mondays in January and August, at 10 a.m. If a matter in a Carson County estate becomes contested, Estates Code § 32.003(a) gives the County Judge two destinations, and the choice is not purely administrative: a motion to assign a statutory probate court judge brings a specialist probate judge to Panhandle and, if it is filed before a transfer, must be granted (§ 32.003(b)), while a transfer sends the contested matter into a district court shared with four other counties. Either way, the county court keeps the management of the rest of the estate (§ 32.003(g)).

The counter keeps unusual hours, and both ends of the week matter. Carson County stays open through the lunch hour, which most Texas county clerks do not, and the clerk's page flags it: "please note we ARE open during lunch hour". The trade is Friday, when the office closes at 1:00 p.m. The county home page posts the courthouse as open to 5:00 p.m. Monday through Thursday while noting that "The Tax office & Clerks office will close at 4:30 pm for the END OF DAY", so 4:30 p.m. is the working deadline for the clerk's counter on those days. Plan a courthouse trip to deliver an original will accordingly, and remember that an electronic filing is timely if it is filed before midnight on the day it is due (Texas Rule of Civil Procedure 21(f)(5)), which the counter's hours do not shorten.

Recent updates

ChangeWhat it means in Carson County
County probate fee schedule, effective January 1, 2022Carson County's published schedule for probate, guardianship and mental health cases prints a total filing fee of $360.00, split into a $223.00 local consolidated fee (Local Government Code § 135.102(a)(1)) and a $137.00 state consolidated fee (§ 133.151(a)(1)), plus a $120.00 total for an adverse action within an existing case. The 2022 date is the date those statutory amounts took effect, and the schedule's figures match the statute today, so it is current rather than stale
Official public records recording fee schedule, effective January 1, 2024The county and district clerk publishes recording fees of $25.00 for the first page and $4.00 for each additional page, with $0.50 per name where more than five names are indexed on one document. This is what it costs to record an estate document that has to reach the deed records, and the clerk requires a self-addressed stamped envelope for the return of recorded documents
Courthouse business hours, with the clerk's counter closing at 4:30 p.m.The county home page posts business hours starting October 1 (the notice prints no year) under which the courthouse is open Monday through Thursday to 5:00 p.m. and Friday to 1:00 p.m., open through the lunch hour, with the note that "The Tax office & Clerks office will close at 4:30 pm for the END OF DAY". The County Clerk's own page publishes the same counter times: Monday through Thursday 8:00 a.m. to 4:30 p.m. and Friday 8:00 a.m. to 1:00 p.m.
Order setting the terms of the constitutional county court, adopted September 9, 2019The commissioners court fixed four terms of the Carson County Court under Government Code § 26.002, beginning on the first days of February, May, August and November. It confirms the county's court type in its own title, and it does not restrict probate filing: § 26.002(b) provides that the court must be open at all times for the transaction of probate business

Page last reviewed: July 2026.

Scenarios

SituationLikely path in Carson CountyWhere Sunset helps
Surviving spouse, co-owned homeIf the Panhandle-area home was held with a right of survivorship or passed under a recorded transfer on death deed, it goes to the survivor outside the estate and the county court is not involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies in the Carson County Court: the application and a copy of the will go in through eFileTexas.gov as two separate lead documents, any proposed order goes in its own envelope, and the wet-ink original will follows to the Carson County Clerk at 501 Main Street or P.O. Box 487 within three business days (Texas Rule of Civil Procedure 21(f)(12)). The filing fee is the $360.00 on the county's own schedule (a $223 local consolidated fee under Local Government Code § 135.102(a)(1) plus a $137 state consolidated fee under § 133.151(a)(1)), with citation at $8.00 (§ 118.059) and a posting fee the County Clerk can quote.Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Carson County filing, drafted to the county's lead-document and separate-envelope rules. A vetted attorney referral if title or a claim turns out to be disputed.
Out-of-state adult child, small estateMost of this can be done from out of state, but Carson closes some of the usual shortcuts. Attorneys must e-file through eFileTexas.gov, and an unrepresented party may e-file but is not required to under Texas Rule of Civil Procedure 21(f)(1); what Carson rules out for everyone is fax and e-mail, because the clerk publishes that the office does not accept fax filings or documents for filing by e-mail. Whether a court filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. One thing still requires a physical connection to Panhandle: the original will must reach the Carson County Clerk within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)), by counter or by mail to P.O. Box 487. Carson publishes nothing about telephone or video appearances, so do not plan on one until the clerk confirms it.Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time, which matters where fax and e-mail are not options. Attorney referral where a hearing in Panhandle makes local counsel the practical answer.
Parent settling a predeceased child's estate, home must be soldSelling real property means someone needs the authority document, so this goes through an administration in the Carson County Court. The parent applies, the clerk issues citation and the sheriff or a constable posts it, and at the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001). Order several sets at $2.00 each (Local Government Code § 118.061), because the title company will want a recent set. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)). If a step has to reach the deed records, the same clerk records it at $25.00 for the first page and $4.00 for each additional page under the county's schedule effective January 1, 2024.Asset discovery for the child's accounts, insurance and real property, including mineral and out-of-county interests that are easy to miss. Packet generation for the administration and the inventory. Attorney referral where a sale, a mortgage payoff or a disagreement among heirs makes counsel worthwhile, which matters more here because a contested matter can be assigned to a statutory probate court judge or transferred to the 100th District Court (Estates Code § 32.003).

Self-help resources

ResourceWhat it offers
Carson County Clerk (co.carson.tx.us), 806-537-3873The filing office for estates in Carson County: the courthouse address at 501 Main Street, the P.O. Box 487 mailing address, the Monday through Thursday 8:00 a.m. to 4:30 p.m. and Friday 8:00 a.m. to 1:00 p.m. hours with the office open through lunch, the lead-document and separate-envelope electronic filing rules, the no-fax and no-e-mail filing policy, and the fee schedule links. Clerk staff can explain procedure and what the counter needs, but the county publishes the limits itself: "A County Clerk cannot render legal advice or services" and "A County Clerk has no duty to search public records"
Carson County probate fee schedule (co.carson.tx.us)The county's own dated schedule for probate, guardianship and mental health cases, effective January 1, 2022: the $360.00 total filing fee, its $223.00 local and $137.00 state components, the dollar allocation across the thirteen statutory funds, and the $120.00 adverse-action total
Carson County official public records search (countygovernmentrecords.com)The county's Tyler Technologies eagle recorder portal, free to sign up for, covering images and index since January 1964. This is a LAND records search for deeds, liens and postings and it does NOT index probate cases; Carson County publishes no online probate case search
eFileTexas.govRegistration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Carson County probate application is filed, and the clerk's page points here
re:SearchTX (research.txcourts.gov)The statewide court records portal, run by the Office of Court Administration with Tyler Technologies. Free registration is required, documents are charged for, and the portal states that it provides an unofficial copy and that the clerk of the court is the official custodian. Coverage is set county by county, so confirm anything important with the Carson County Clerk
Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in TexasThe strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation
TexasCourtHelp.govGeneral information and videos about making your way through the Texas court system. This is the site the Carson County Clerk's own bilingual "Self-Help Notice" points to, in English and Spanish, for help finding a lawyer, legal information, forms or legal research
TexasLawHelp.org, wills, estate planning and probate (texaslawhelp.org)Plain-language Texas probate articles and self-help toolkits from the Texas Legal Services Center, a non-profit. Useful for orientation; it is not a court site and its materials are not court-approved forms
Legal Aid of NorthWest Texas, Amarillo office (legalaidtx.org), 806-373-6808 or toll free 800-955-6808Free civil legal help for eligible low-income residents. Carson County is named in the twenty-county list on the Amarillo office's own page, and the office is at 203 SW 8th Ave., Suite 600, Amarillo, TX 79101, open weekdays 8 a.m. to 5 p.m.; the program's statewide Legal Aid Line is 888-529-5277. It lists wills and estates among its subjects, but confirm it can take your matter before relying on it
State Bar of Texas Lawyer Referral and Information Service (texasbar.com), (800) 252-9690Referrals to Texas attorneys, Monday through Friday 8:30 a.m. to 4:30 p.m. Central, Spanish spoken. The initial consultation is capped at $20 for 30 minutes. It is a referral service, not a reduced-fee or pro bono program
Texas law libraries directory (guides.sll.texas.gov)The Texas State Law Library's curated directory of law libraries. It lists no law library in Carson County and none anywhere in the Texas Panhandle; the nearest listed is the Lubbock County Law Library, 916 Main Street, Suite 306, Lubbock, (806) 775-1667. The directory is curated rather than exhaustive, so contact a library directly about public access, and the state library suggests a local public library where no law library is near
Texas Estates Code (statutes.capitol.texas.gov)The statute itself, including the court structure provisions in chapter 32, venue in chapter 33, letters in chapter 306, notices in chapter 308 and the inventory in chapter 309

When to hire an attorney

Plenty of uncontested Carson County estates are handled without a lawyer, and the county clerk's counter is used to walking filers through procedure. Counsel earns its keep here when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when real property, farm or ranch land or mineral interests have to be sold or divided, when the estate is insolvent or a creditor is pressing, when a business or out-of-state property is involved, or when a guardianship has to run alongside the estate. Three local factors weigh in favor of an attorney more than they would in a metro county. First, Carson County publishes no probate forms, no checklist and no instruction sheet, so every document is drafted from scratch. Second, the filing channels are narrow: attorneys must e-file, the office takes no fax and no e-mail filings, each document has to go in as its own lead document and orders travel in a separate envelope, so an unrepresented filer carries real rejection risk. Third, the contested-matter route has timing in it: if a matter becomes contested, the County Judge may on the judge's own motion, and shall on the motion of any party, request the assignment of a statutory probate court judge or transfer the contested matter to the 100th District Court (Estates Code § 32.003(a)), and a motion for assignment filed before a transfer must be granted (§ 32.003(b)), which is easy to miss without counsel. The county publishes the limit on what the counter can do for you in its own words: "A County Clerk cannot render legal advice or services." Sunset can connect families to a vetted Texas probate attorney serving Carson County and the surrounding Panhandle counties.

How Sunset helps

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Carson County real property and unclaimed property, so you know what the estate holds and which route fits before anything is filed in Panhandle during estate settlement.

Generate the probate packet. Sunset assembles the paperwork for your route, drafted to Carson County's own requirements, including the separate lead documents its clerk requires in the eFileTexas.gov envelope and the separate envelope the county wants for proposed orders, ready to file with the Carson County Clerk.

Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Texas probate attorney serving Carson County.

Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).

Frequently asked questions

Where do I file for probate in Carson County?

With the Carson County Clerk at the Carson County Courthouse, 501 Main Street, Panhandle, TX 79068, or by mail to the Carson County Clerk, P.O. Box 487, Panhandle, Texas 79068. The case is heard by the Carson County Court, the constitutional county court, presided over by the elected County Judge, because Carson County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Carson County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)). Do not use the courthouse box at P.O. Box 369, which is the county's and the County Judge's box rather than the clerk's.

Why is the same person listed as both the county clerk and the district clerk in Carson County?

Because Carson is a small county. Government Code § 51.501(a) provides that a county with a population of less than 8,000 elects a single clerk to perform the duties of the district clerk and the county clerk, unless the voters keep the offices separate, and Carson County publishes that combined arrangement: the same name, address, phone, fax and mailbox on both office pages, and a recording fee schedule signed "Carson County and District Clerk" (verified July 2026). It does not change where an estate starts. Probate is county court business and the county clerk is the clerk of the county court (Texas Constitution article V, § 20), so the estate is opened on the county clerk side. The one place to be careful is paying: the county runs separate Certified Payments bureau codes, 3227017 for the County Clerk and 2645397 for the district side, and warns that a payment sent to the wrong office can be delayed.

Is e-filing required for probate in Carson County, and can I file on paper?

For attorneys, yes. The Carson County Clerk's page states "We are LIVE on eFileTexas" and directs filers to eFileTexas.gov to sign up with an electronic filing service provider. Attorney e-filing in probate cases in constitutional county courts is required statewide under the Supreme Court of Texas order at Misc. Docket No. 13-9164, with the phase-in complete by July 1, 2016 at the latest; Carson publishes no county date of its own. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Two things are ruled out for everyone in Carson County: "Per Local Gov't Code 51.803 and 51.807 the Carson County Clerk's Office does not accept fax filings or documents for filing by e-mail." If you are filing without a lawyer, call 806-537-3873 and ask what the counter will accept. And if an envelope you e-filed comes back rejected, the usual cause is the county's lead-document rule, which the clerk publishes in two sentences: "EACH document in the same case needs to be submitted as a lead document. Orders should be submitted in a separate envelope so that they can be forwarded to the Judge." Do not attach the will to the application: upload the application as one lead document and the copy of the will as another, in the same envelope, and send any proposed order in a second envelope by itself so it reaches the judge's queue for signature.

What do I do with the original will in Carson County?

You e-file a copy of the will as its own lead document alongside the application, then get the wet-ink original to the County Clerk. The statewide rule is that when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)), and the clerk must retain it in a numbered file folder (Rule 21(f)(13)). Deliver it to the Carson County Courthouse at 501 Main Street, Panhandle, or mail it to the Carson County Clerk, P.O. Box 487, Panhandle, Texas 79068. There is no electronic way to satisfy this, and Carson accepts no fax or e-mail filings, so allow for the counter's hours, especially the 1:00 p.m. Friday close.

How much does it cost to file probate in Carson County?

$360.00 to open the case. Carson County publishes its own schedule, headed "PROBATE, GUARDIANSHIP, MENTAL HEALTH CASES EFFECTIVE 1/1/2022", which prints "TOTAL FILING FEE $360.00", made up of a $223.00 local consolidated fee (Local Government Code § 135.102(a)(1)) and a $137.00 state consolidated fee (Local Government Code § 133.151(a)(1)). Those amounts are statutory and identical in every Texas county, which is why the county's figure and the statute match exactly. On top of the filing fee, citation is $8.00 (§ 118.059), each set of Letters Testamentary or Letters of Administration is $2.00 (§ 118.061), and the sheriff's or constable's posting fee is set by the commissioners court (§ 118.131) and is not published by Carson County, so ask the clerk before you budget. A later contested or adverse probate action is $120.00 on the same county schedule. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).

Are there local probate forms in Carson County?

No. Carson County publishes no probate forms, no probate checklist, no cover sheet, no instruction sheet and no small estate affidavit template. The forms the clerk publishes are an application for a birth certificate, an application for a death certificate, an assumed name certificate and a livestock brand application. Texas has no comprehensive statewide set of probate procedure forms either, so the application, the proof of death and other facts, the order, the oath and the inventory are drafted documents. What Carson does publish, and what is worth downloading, are its probate fee schedule and its official public records recording fee schedule.

When does the Carson County Court hear probate, and can I appear remotely?

Carson County publishes no probate docket day, no docket start time and no filing-to-hearing interval, so contact the County Clerk at 806-537-3873 after your filing is accepted and ask when the matter can be set. The county does publish an "Order Setting the Terms of the Constitutional County Court", adopted September 9, 2019, fixing four terms beginning on the first days of February, May, August and November under Government Code § 26.002, but that is the court's calendar rather than a filing window: § 26.002(b) provides that the court must be open at all times for the transaction of probate business, and § 26.002(c) requires terms to be held at the county seat, Panhandle. Nothing about telephone or video appearances is published, so ask rather than assume.

How do I look up a Carson County probate case online?

Carson County publishes no online probate case search. The records portal the County Clerk links, Carson County Official Public Records on the Tyler Technologies eagle recorder site, is free to register for and covers images and index since January 1964, but it is a land records system: the site's own front page says it is used to search for documents recorded in land records offices, and it indexes deeds, liens and foreclosure postings rather than estates. Documents e-filed in a Carson probate case may be reachable through the statewide re:SearchTX portal, which requires free registration and charges for documents, and which states that it supplies an unofficial copy and that the clerk of the court is the official custodian of the records. Coverage is set county by county and Carson's is not published, so for a definitive answer call the Carson County Clerk at 806-537-3873.

What happens if someone contests the will in Carson County?

The contest does not necessarily stay with the County Judge. In a county with no statutory probate court and no county court at law, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party, either request the assignment of a statutory probate court judge to hear the contested matter (Government Code § 25.0022) or transfer the contested matter to the district court, which may then hear it as if originally filed there (Estates Code § 32.003(a)). In Carson County that district court is the 100th District Court, which Government Code § 24.202 composes of Carson, Childress, Collingsworth, Donley and Hall counties, with its terms beginning in Carson County on the first Mondays in January and August. A party's motion for assignment beats a transfer: if it is filed first, the county judge shall grant it and may not transfer the matter unless the motion is withdrawn (§ 32.003(b)), and the motion may be filed before anything becomes contested (§ 32.003(c)). Meanwhile the Carson County Court continues to manage the rest of the estate (§ 32.003(g)).

Do I have to travel to Panhandle to settle an estate in Carson County?

At least once, in most cases. The original will has to reach the Carson County Clerk within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)), which means the counter at 501 Main Street or the mail to P.O. Box 487, and any hearing the court sets will be in Panhandle because terms of the county court must be held at the county seat (Government Code § 26.002(c)). The rest can largely be handled at a distance: applications are filed electronically through eFileTexas.gov and questions go to 806-537-3873. What you cannot do from a distance is fax or e-mail a filing, because the clerk does not accept either. The counter is open Monday through Thursday, 8:00 a.m. to 4:30 p.m., and Friday, 8:00 a.m. to 1:00 p.m., and it stays open through the lunch hour.

Shaped by the families we've helped

Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.

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