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Collingsworth County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Collingsworth County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Collingsworth 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 is where the Legislature creates statutory county courts and statutory probate courts, contains no Collingsworth entry at all. The county publishes the Honorable Scot Martindale as County Judge, with an office in the courthouse at 800 W. Avenue #13 and a court coordinator, at 806-447-5408 (verified July 2026) |
| Filing office | The Collingsworth 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. Collingsworth is one of the small Texas counties in which a single elected officer performs the duties of both the county clerk and the district clerk (Government Code § 51.501), and the county publishes the same officer, phone, fax and mailbox on its County Clerk page and its District Clerk page. That does not change where an estate is opened: a probate application is a county court filing |
| Courthouse | Collingsworth County Courthouse, 800 West Avenue, Wellington, TX 79095. The County Clerk's office is Room 3, which the county's own election notices identify by name and room. The County Judge is at 800 W. Avenue #13 and the Justice of the Peace is on the 2nd floor in Room 5, so confirm the room before you hand anything across a counter |
| Mailing address | Collingsworth County Clerk, 800 W. Avenue #10, Wellington, TX 79095. The county uses courthouse box numbers rather than post office boxes, and #10 is the County Clerk's. Note that #13 is the County Judge's box: mail intended for the clerk should carry #10. Call before mailing an original will |
| Phone | 806-447-2408 for the Collingsworth County Clerk, the number the county publishes on both its County Clerk page and its District Clerk page. The County Judge's office, which is where the county court sits, is 806-447-5408 |
| Fax | 806-447-2409 for the County Clerk. The County Judge's office publishes 806-447-5418 |
| Office hours | Not published. No Collingsworth County page publishes counter hours for the County Clerk, so call 806-447-2408 before you drive to Wellington. For orientation only, and not as a counter schedule: the County Judge's office publishes its own hours as Monday through Friday, 9 a.m. to 12 p.m. and 1 p.m. to 5 p.m., and the county clerk's own early voting notices ran the clerk's office from 8:00 a.m. to 5:00 p.m. on regular workdays. The courthouse closes on twelve published holidays in 2026 |
| Filing fee | $360 to open a probate case. That figure is set by Texas statute and is the same in every 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)), amounts enacted by S.B. 41 effective January 1, 2022 and since amended. On top of that the County Clerk collects statutory per-service fees, including $8.00 to issue a citation (Local Government Code § 118.059) and $2.00 for each Letters Testamentary or Letters of Administration (§ 118.061), and the sheriff charges a posting or service fee set by the commissioners court (§ 118.131). A later contested or adverse probate action is $120 (§ 135.102(a)(2); § 133.151(a)(2)). Collingsworth County publishes no probate fee schedule of its own, so ask the County Clerk for the current all-in total before you file. A filer who cannot afford the cost may file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145) |
| Local forms | None. Collingsworth County publishes no probate forms, no cover sheet, no checklist and no small estate affidavit template, and Texas has no comprehensive set of probate procedure forms at the state level either. 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-filing | Mandatory for attorneys, permitted but not required for a person filing without a lawyer. Attorneys must electronically file in probate cases in Texas courts, including constitutional county courts, and the phase-in finished on July 1, 2016, so the mandate has covered every Texas county since then. Filing goes through eFileTexas.gov. Under Texas Rule of Civil Procedure 21(f)(1) an unrepresented party may e-file but is not required to. Collingsworth County publishes no e-filing notice or local instructions of its own, so call the County Clerk at 806-447-2408 to ask what the office will accept on paper |
| Case search | None. Collingsworth County publishes no online probate case search and links no county clerk records portal at all: there is no index, no document search and no docket lookup anywhere on the county's site. Documents e-filed in a Collingsworth 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 Collingsworth's is not published, so call the County Clerk |
| Remote appearance | Not published. Collingsworth County publishes nothing about telephone or video appearances in county court probate settings, and no probate docket day or hearing location inside the courthouse is published either. Ask the County Judge's office at 806-447-5408 when you know your case is on file |
| Website | https://www.co.collingsworth.tx.us/page/collingsworth.County.Clerk (the Collingsworth County Clerk, which also carries the county's published recording fee) and https://www.co.collingsworth.tx.us/page/collingsworth.County.Judge (the County Judge, who presides over the county court) |
Before you begin — know the assets and liabilities
Before you file anything in Wellington, 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 identical 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 a county this size, because Collingsworth publishes no probate forms, no probate instructions and no fee schedule, so there is no local document to correct a wrong assumption. The people who can tell you what the counter needs are the County Clerk at 806-447-2408 and, for the court's own requirements, the County Judge's office at 806-447-5408, and neither can give you legal advice.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle, mineral interest and parcel of Collingsworth 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. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Collingsworth County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Collingsworth County Courthouse at 800 West Avenue in Wellington is the single probate filing location for the whole county. There is no branch, satellite or annex counter for estates: the County Clerk takes filings in Room 3, and the county court sits in the same building. The court serves every part of Collingsworth County, including Wellington and the rural areas around it. Attorneys file electronically through eFileTexas.gov, so much of an uncontested estate can be handled without standing at the counter, but the county publishes no remote appearance rule, so plan on the courthouse for anything the judge has to hear.
Venue is the ordinary Texas rule: 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 Collingsworth County, the case belongs in the Collingsworth County Court, even if they died in a hospital in Amarillo, Childress or across the state line. 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 page, and Collingsworth's own website makes it easy to get wrong. The county's navigation menu carries a "County Court at Law" entry, but the page behind it is blank and the Legislature has created no statutory county court in Collingsworth County: Government Code Chapter 25, which is where every county court at law and every statutory probate court in Texas is created, has no Collingsworth provision. So the Collingsworth County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. The other trial courts seated in the county are the 100th District Court and the county-wide Justice of the Peace, and neither opens estates.
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. 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 district court on the receiving end of a § 32.003(a)(2) transfer is the 100th District Court. By statute the 100th Judicial District is composed of Carson, Childress, Collingsworth, Donley and Hall counties, and its terms in Collingsworth County begin on the first Mondays in April and November, each term beginning at 10 a.m. on the first day (Government Code § 24.202). The county names the Honorable Dale Rabe, Jr. as the presiding district judge, with chambers and a court coordinator in Childress at (940) 937-7070 (verified July 2026). An appeal from a Collingsworth County probate order goes to the Seventh Court of Appeals in Amarillo, which lists Collingsworth among the forty-six counties it serves.
The jurisdiction process
- 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.
- Draft the papers yourself or with an attorney, and caption them for the right court. Texas has no comprehensive set of probate procedure forms at the state level and Collingsworth County publishes none of its own, 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. The court is the Collingsworth County Court, the constitutional county court. Do not caption a filing for a probate court or a county court at law: Collingsworth County has neither, whatever the county website's navigation menu suggests.
- File the application with the Collingsworth County Clerk. The counter is Room 3 of the Collingsworth County Courthouse, 800 West Avenue, Wellington, TX 79095, and mail goes to 800 W. Avenue #10, Wellington, TX 79095. Attorneys must e-file through eFileTexas.gov; an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Collingsworth publishes no local e-filing instructions, so if you are filing without a lawyer, call 806-447-2408 first and ask what the office wants.
- 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 keep the original will in a numbered file folder (21(f)(13)). Take or send the wet-ink original to the Collingsworth County Clerk at the courthouse, and call ahead so someone is expecting it.
- Pay the filing fee. It is $360 to open a probate case, which is the statewide statutory base: $223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1). Collingsworth publishes no fee schedule, so ask the County Clerk what the all-in total is once citation, sheriff posting and any service charges are added; the citation fee the clerk must collect is $8.00 (§ 118.059) and sheriff and constable fees are set by the commissioners court (§ 118.131). 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.
- Ask the clerk how the hearing gets set. Collingsworth County publishes no probate docket day, no self-scheduling portal and no filing-to-hearing interval. The county court is the County Judge's court, and the County Judge's office at 806-447-5408 publishes a court coordinator, so between that office and the County Clerk at 806-447-2408 you can find out when the judge will hear an uncontested application. Do not assume a weekly setting.
- Have the citation issued and posted. In Texas the clerk issues citation on an application to probate a will or for letters, and the sheriff or constable posts it. Nothing is heard until the posting period has run and the return is on file, so build that into your timing and confirm the posting charge with the clerk when you pay the filing fee.
- Attend the hearing at the courthouse in Wellington. The county publishes no remote or telephone appearance option for probate, no courtroom number and no dress code, so ask the County Judge's office where to go and what the judge expects you to bring. In an uncontested application that usually means the proposed order, the proposed proof of death and other facts, the proposed oath and a copy of the death certificate, but confirm it locally rather than assuming another county's practice.
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor, and before the 21st day after the will is probated (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 from the county clerk (Local Government Code § 118.061), so order enough for every bank, transfer agent and title company the estate has to deal with.
- Administer the estate and file what the statute requires. The steps that follow, including notice to beneficiaries after an order admitting a will (§ 308.002), the 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)), are set by state statute and apply the same way in every Texas county. File them with the Collingsworth County Clerk. Note the small-county wrinkle in § 308.051(c): if there is no newspaper of general circulation in the county, the creditor notice is posted instead of published, and the return is filed the same way. 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).
Forms and documents
Probate forms in Collingsworth County
Collingsworth 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 checklist and no county small estate affidavit template. The county's website carries no probate page at all: the County Clerk page publishes the clerk's contact details, a link about birth and death certificates, a foreclosure note, the county's recording fee and two archived court reports, and nothing about estates.
Texas as a whole does not fill that gap either. The Texas Judicial Branch forms page's entire probate and guardianship category is will-drafting forms plus a transfer on death deed kit, all of them estate-planning documents executed before death and never filed with a probate court. There is no state application to probate a will, no proof of death and other facts, no order, no oath, no letters, no inventory, no heirship form and no small estate affidavit form. Government Code § 22.020(b)(1) has directed the Supreme Court of Texas since 2015 to promulgate forms for a small estate affidavit proceeding under Estates Code chapter 205 and for the probate of a will as a muniment of title under chapter 257, and none has been promulgated. In practice this means the papers in a Collingsworth County estate are drafted documents.
The one genuinely statewide procedural form a Collingsworth County filer may need is the Statement of Inability to Afford Payment of Court Costs, published bilingually on the Texas Judicial Branch forms page and required by Texas Rule of Civil Procedure 145. The clerk must accept it. For everything else, the practical route in a county with no local forms is either an attorney or the self-help material listed below, and a call to the County Clerk at 806-447-2408 to confirm what the office needs before you file.
| Resource | What it provides |
|---|---|
| Collingsworth County Clerk (co.collingsworth.tx.us) | The filing office's own page: the Room 3 counter and #10 mail box at 800 W. Avenue, the phone 806-447-2408, the fax 806-447-2409 and the office mailbox. It publishes no probate forms and no probate instructions, so treat it as the contact point rather than a source of paperwork |
| Collingsworth County Judge (co.collingsworth.tx.us) | The judge who presides over the county court, at 800 W. Avenue #13, 806-447-5408, with a court coordinator. This is the office to ask about hearing settings, because the county publishes no probate docket |
| 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 for a probate case |
| Texas State Law Library probate research guide (guides.sll.texas.gov) | The strongest government self-help source for Texas probate: probating a will, when there is no will, executors, formal administration, informal methods and legal forms, with the library's own caveat that it cannot tell you what the law means for your situation |
Local nuance
Collingsworth County-specific considerations
The county's own menu advertises a court the county does not have. Every page of the Collingsworth County website carries a navigation entry reading "County Court at Law". The page behind it is blank, and Government Code Chapter 25, where the Legislature creates every county court at law and every statutory probate court in Texas, contains no Collingsworth provision. Treat the menu label as website boilerplate. The court that hears estates here is the Collingsworth County Court, the constitutional county court (Estates Code § 32.002(a)), and papers should be captioned for it.
One elected officer is both the County Clerk and the District Clerk. The county publishes the same person, the same courthouse box, the same phone, the same fax and the same mailbox on its County Clerk page and its District Clerk page. That is the joint clerkship the Legislature provides for in the smallest counties: Government Code § 51.501(a) requires a county with a population of less than 8,000 to elect a single clerk to perform the duties of the district clerk and the county clerk, unless the voters keep the offices separate (§ 51.501(b)), and § 51.502 then tells that clerk to use the county court seal for county court acts and the district court seal for district court acts. Two practical consequences. First, you still open an estate as a county court filing, with the County Clerk; the district clerk title on the same desk does not change that. Second, if a contested matter is later transferred to the 100th District Court under Estates Code § 32.003(a)(2), the file does not move to a different office, because § 32.003(i) lets the district court's clerk perform any function a county clerk may perform for that matter and here the two clerks are one officer.
Room 3 for the counter, #10 for the mail, #13 for the judge. The County Clerk page publishes only "800 W. Avenue, #10", which is a courthouse mail box rather than a room. The county clerk's own signed election notices are what locate the office: the notice for the March 3, 2026 primary lists "Collingsworth County Clerk's Office, Room 3" and gives the mail-to as 800 West Ave. #10, and the notice for the November 4, 2025 general election lists "COLLINGSWORTH COURTHOUSE, ROOM 3" under the heading for the county clerk's office. The County Judge's box is #13, and the Justice of the Peace is on the 2nd floor in Room 5. Address anything for the estate to the County Clerk at #10 and hand-deliver to Room 3.
Counter hours are not published anywhere, and that is unusual enough to plan around. No Collingsworth County page publishes County Clerk office hours, a lunch closure or a filing cutoff. Other offices in the same building publish their own and they do not match each other: the County Judge's office publishes Monday through Friday, 9 a.m. to 12 p.m. and 1 p.m. to 5 p.m., and the Justice of the Peace publishes Monday through Thursday 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. with Friday mornings only. For orientation, the county clerk's own early voting notices ran the clerk's office from 8:00 a.m. to 5:00 p.m. on regular workdays, but that is an election schedule and not a published counter schedule. Call 806-447-2408 before you drive.
The courthouse closes for twelve published holidays in 2026, spanning fourteen weekdays. The county features its "2026 APPROVED HOLIDAYS" list on its homepage: New Year's Day January 1, Martin Luther King Jr. Day January 19, President's Day February 16, Texas Independence Day March 2, Good Friday April 3, Memorial Day May 25, Independence Day July 3, Labor Day September 7, Columbus Day October 12, Veterans Day November 11, Thanksgiving November 26 and 27, and Christmas December 24 and 25. The same sheet adds that when a holiday falls on a weekend the courthouse closes on the Friday before or the Monday after, and that the Commissioners Court "encourages all offices to adhere to the above scheduled holidays", which is an encouragement rather than a command, so confirm before traveling on a day near one of them.
There is a county recording fee, and probate readers run into it. The County Clerk publishes: "Recording Fee for Official Public Records: $16.00 for the first page and $4.00 for each additional page." That is a real-property recording charge, not a probate filing fee, but it is the charge that applies to the documents an estate often has to put on record in the county's deed records, including an affidavit used to transfer a homestead under Estates Code § 205.006, an order admitting a will as a muniment of title under chapter 257 where a title company asks for it of record, and a secured creditor's election notice under § 403.052. Budget it separately from the court costs.
Nothing about this county's probate practice is online, so the phone call does the work. Collingsworth publishes no probate page, no forms, no fee schedule, no e-filing notice, no docket day and no case search. The two documents the County Clerk does post under an "OCA REPORTS" heading are the district clerk's attorney and guardian ad litem appointment and payment reports for September 2020 through May 2021, which are family-law records and have nothing to do with estates. Treat the County Clerk at 806-447-2408 and the County Judge's office at 806-447-5408 as the authoritative sources for local procedure, and get any load-bearing answer confirmed before you file.
Recent updates
| Change | What it means in Collingsworth County |
|---|---|
| 2026 courthouse holiday schedule published | Collingsworth County features its "2026 APPROVED HOLIDAYS" list on the county homepage. The Collingsworth County Courthouse closes for twelve holidays in 2026, fourteen weekdays in all: January 1, January 19, February 16, March 2, April 3, May 25, July 3, September 7, October 12, November 11, November 26 and 27, and December 24 and 25. Where a holiday falls on a weekend the courthouse closes on the Friday before or the Monday after. The sheet notes that the Commissioners Court "encourages all offices to adhere to the above scheduled holidays", so confirm with the County Clerk at 806-447-2408 before traveling on a day near one of them |
| No published change to the county's probate practice | As of this review Collingsworth County publishes no probate page, no probate forms, no fee schedule, no e-filing notice, no docket day and no case search, and none of those has appeared or changed. The county's court structure is unchanged: Government Code Chapter 25 still contains no Collingsworth provision, so the Collingsworth County Court remains the court with original probate jurisdiction (Estates Code § 32.002(a)) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Collingsworth County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Wellington-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 Collingsworth County Court: the application is filed with the County Clerk in Room 3 of the courthouse at 800 West Avenue, the wet-ink original will follows within three business days if the application was e-filed (Texas Rule of Civil Procedure 21(f)(12)), and the County Judge hears it. Budget the $360 statutory base fee (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus the citation and sheriff posting charges the clerk will quote, because the county publishes no all-in figure. If the homestead has to be put on record, the clerk's recording fee is $16.00 for the first page and $4.00 for each additional page. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Collingsworth County filing, captioned for the county court rather than for a court the county does not have. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Most of this can be done from out of state, but not all of it, and Collingsworth gives you less to work with online than most counties. Attorneys must e-file through eFileTexas.gov, and an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); because the county publishes no e-filing notice or paper policy, call the County Clerk at 806-447-2408 before trying to file from a distance. Whether a court filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. Two things still tie you to Wellington: the original will must reach the County Clerk within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)), and the county publishes no remote or telephone appearance option, so assume the hearing is in person until the County Judge's office tells you otherwise. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight to Amarillo. Packet generation so the filing is accepted the first time in a county that publishes no forms to copy. Attorney referral where an in-person hearing in Wellington makes local counsel the practical answer. |
| Parent settling a predeceased child's estate, home must be sold | Selling real property means someone needs the authority document, so this goes through an administration in the Collingsworth County Court. The parent applies with the County Clerk, citation issues and is posted, 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 the letters 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 the heirs disagree, the matter can be assigned to a statutory probate court judge or transferred to the 100th District Court (§ 32.003(a)), whose terms in Collingsworth County begin on the first Mondays in April and November (Government Code § 24.202). | Asset discovery for the child's accounts, insurance, mineral interests and real property. 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 leaves the County Judge's docket. |
Self-help resources
| Resource | What it offers |
|---|---|
| Collingsworth County Clerk (co.collingsworth.tx.us), 806-447-2408 | The filing office for estates: Room 3 of the Collingsworth County Courthouse, 800 West Avenue, Wellington, TX 79095, mail to 800 W. Avenue #10, fax 806-447-2409, and the office mailbox [email protected]. The clerk can explain what the counter needs and quote the current charges, but cannot give legal advice. No counter hours are published, so call first |
| Collingsworth County Judge (co.collingsworth.tx.us), 806-447-5408 | The elected County Judge presides over the Collingsworth County Court, which is the court that hears estates here. The office is at 800 W. Avenue #13 and publishes a court coordinator. This is where to ask about a hearing setting, since the county publishes no probate docket day |
| 100th District Court (co.collingsworth.tx.us), (940) 937-7070 | The district court for Carson, Childress, Collingsworth, Donley and Hall counties (Government Code § 24.202), whose chambers and court coordinator are in Childress. It matters to a probate reader only when a contested matter is transferred to it under Estates Code § 32.003(a)(2); its terms in Collingsworth County begin on the first Mondays in April and November |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Collingsworth County probate application is filed electronically. Attorneys must use it; a person filing without a lawyer may but is not required to |
| 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, and Collingsworth publishes nothing about its own, so confirm anything important with the County Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The 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 (texascourthelp.org) | The Texas Judicial Branch's plain-language guide to making your way through the court system, with general information and videos. Useful in a county that publishes no instructions of its own |
| TexasLawHelp.org, wills, estate planning and probate (texaslawhelp.org) | Plain-language Texas probate articles and self-help toolkits, including a small estate affidavit toolkit, 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 Legal Aid Line 1-888-529-5277 | Free civil legal help for eligible low-income residents. The Amarillo office names Collingsworth in its own counties-served list and describes its telephone advice service as covering general civil matters "including family law, wills and estates, landlord/tenant issues, public benefits, real property matters, and federal tax matters and liens". The office is at 203 SW 8th Ave., Ste. 600, Amarillo, and schedules emergency appointments as needed during business hours, Monday through Friday, 8 a.m. to 5 p.m. Confirm it can take your particular estate matter |
| State Bar of Texas Lawyer Referral and Information Service (texasbar.com), (800) 252-9690 | Referrals 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. It lists no law library in Collingsworth County and none anywhere in the Panhandle; the nearest listed are the Lubbock County Law Library, 916 Main Street, Suite 306, Lubbock, (806) 775-1667, and the Wichita County Law Library, 900 7th Street, Room 305, Wichita Falls, (940) 716-8539. The directory is curated rather than exhaustive, so contact a library directly about public access |
| Seventh Court of Appeals (txcourts.gov) | The intermediate appellate court for Collingsworth County, in Amarillo, which lists the county among the forty-six it serves. An appeal from a Collingsworth County probate order goes here |
| 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
An uncontested Collingsworth County estate can be handled without a lawyer, and plenty are. 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 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, Collingsworth County publishes no probate forms, no instructions and no fee schedule, so every document is drafted from scratch with no local template to check it against. Second, the caption itself is a trap: the county's website menu names a county court at law that does not exist, and the correct court is the Collingsworth County Court. Third, the contested-matter route matters: 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 a timing point that is easy to miss without counsel. County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Collingsworth County and the eastern Panhandle.
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, Collingsworth County real property and mineral interests, and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Wellington.
Generate the probate packet. Sunset assembles the paperwork for your route, captioned for the Collingsworth County Court and addressed to the County Clerk at the courthouse, which matters in a county that publishes no forms, no checklist and no instructions of its own.
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 Collingsworth 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 Collingsworth County?
With the Collingsworth County Clerk at the Collingsworth County Courthouse, 800 West Avenue, Wellington, TX 79095. The clerk's office is Room 3, and mail goes to 800 W. Avenue #10, Wellington, TX 79095. The case is heard by the Collingsworth County Court, the constitutional county court, presided over by the elected County Judge, because Collingsworth County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Collingsworth County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Does Collingsworth County have a county court at law?
No. The county's website navigation carries a "County Court at Law" entry, but the page behind it is blank and Government Code Chapter 25, which creates every county court at law and every statutory probate court in Texas, has no Collingsworth provision. The court that hears estates here is the Collingsworth County Court, the constitutional county court. Caption your papers for that court; a filing addressed to a court the county does not have is an avoidable problem.
Is e-filing required for probate in Collingsworth County?
For attorneys, yes. Attorneys must electronically file in probate cases in Texas, including in constitutional county courts, and the statewide phase-in finished on July 1, 2016, so every county has been covered since then. Filing goes through eFileTexas.gov. Under Texas Rule of Civil Procedure 21(f)(1) a person who is not represented by an attorney may e-file but is not required to. Collingsworth County publishes no e-filing notice or local instructions of its own, so if you are filing without a lawyer, call the County Clerk at 806-447-2408 and ask what the office will accept.
What do I do with the original will in Collingsworth County?
You 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 (21(f)(13)). Deliver or send it to the Collingsworth County Clerk, Room 3, Collingsworth County Courthouse, 800 West Avenue, Wellington, TX 79095, or mail it to 800 W. Avenue #10, Wellington, TX 79095. There is no electronic way to satisfy this, and because the county publishes no counter hours, call 806-447-2408 first.
How much does it cost to file probate in Collingsworth County?
$360 to open the case. That is the statewide statutory base fee and it is the same in every Texas county: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), amounts enacted by S.B. 41 effective January 1, 2022 and since amended. Collingsworth County publishes no probate fee schedule, so the all-in total depends on charges the clerk will quote you: $8.00 to issue a citation (§ 118.059), the sheriff's posting or service fee set by the commissioners court (§ 118.131), and $2.00 for each set of letters (§ 118.061). A later contested or adverse probate action is $120 (§ 135.102(a)(2); § 133.151(a)(2)). 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 Collingsworth County?
No. Collingsworth County publishes no probate forms, no cover sheet, no checklist and no small estate affidavit template, and there is no comprehensive set of probate procedure forms at the state level either, so the application, the proof of death and other facts, the order, the oath and the inventory are drafted documents. The Supreme Court of Texas has been directed since 2015 to promulgate a small estate affidavit form and a muniment of title form (Government Code § 22.020(b)(1); Estates Code chapters 205 and 257) and has not done so. The one statewide form you can rely on is the Statement of Inability to Afford Payment of Court Costs.
How do I look up a Collingsworth County probate case online?
You cannot, at least not through the county. Collingsworth County publishes no online probate case search and links no records portal of any kind on its website. Documents e-filed in a Collingsworth probate case may be reachable through the statewide re:SearchTX portal, which requires free registration and charges for documents ($1.00 for a document of 1 to 10 pages and $0.10 per page after that), 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 Collingsworth's is not published, so for a definitive answer call the Collingsworth County Clerk at 806-447-2408.
What happens if someone contests the will in Collingsworth 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)). 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 Collingsworth County Court continues to manage the rest of the estate (§ 32.003(g)). The district court here is the 100th District Court, which serves Carson, Childress, Collingsworth, Donley and Hall counties and holds its Collingsworth County terms beginning on the first Mondays in April and November (Government Code § 24.202).
Is the Collingsworth County Clerk the same person as the District Clerk?
Yes. The county publishes the same elected officer, the same courthouse box, the same phone, the same fax and the same mailbox on both its County Clerk page and its District Clerk page. Government Code § 51.501(a) requires a county with a population of less than 8,000 to elect a single clerk to perform the duties of both offices unless the voters vote to keep them separate, and § 51.502 has that clerk use the county court seal for county court acts and the district court seal for district court acts. For you it means one counter: you open the estate as a county court filing, and if a contested matter is later transferred to the district court the file does not move to another office, because the district court's clerk may perform any function a county clerk may perform for that matter (Estates Code § 32.003(i)).
Do I have to travel to Wellington to settle an estate in Collingsworth County?
Probably for the hearing, and certainly for the original will. Collingsworth County publishes no remote or telephone appearance rule for probate, so assume the hearing is in person at the courthouse at 800 West Avenue until the County Judge's office at 806-447-5408 tells you otherwise. The county also publishes no probate docket day and no filing-to-hearing interval, and no County Clerk counter hours at all, so ask both offices once your case is on file rather than assuming a weekly setting. The original will has to reach the County Clerk within three business days of an electronically filed application (Texas Rule of Civil Procedure 21(f)(12)). The rest can largely be handled at a distance: attorneys file through eFileTexas.gov, an unrepresented party may e-file as well, and questions go to the County Clerk at 806-447-2408. Because no counter hours are published, call before you make the drive.
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.