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Dallam County, TX Probate Information

Quick facts

CategoryCurrent rules
CourtThe Dallam County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Dallam County has no statutory probate court and no county court at law, so the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). The county's own County Judge page says the same thing in its own words: "Constitutional county judges have original jurisdiction in probate matters, including mental illness and guardianships." The county names Judge Wes Ritchey as County Judge, at 414 Denver Avenue, Suite 301, Dalhart, TX 79022, (806) 244-2450 (verified July 2026)
Filing officeThe Dallam County Clerk, who is the clerk of the county court (Texas Constitution article V, § 20). In Dallam County one elected officer holds two offices: the county heads the page "County and District Clerk" and publishes a single officer, Terri Banks, with one address, one telephone number and one mailbox for both roles (verified July 2026). That is the arrangement the same constitutional provision allows, in the words the county itself quotes, "that in Counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks", and that Government Code § 51.501(a) provides for. An estate is still a county court matter, taken by that officer as clerk of the county court; the 69th District Court is a separate court and reaches a probate matter only on a contest
CourthouseDallam County Courthouse, 414 Denver Avenue, Dalhart, TX 79022. The clerk's page gives only the mailing address, but it places the office "on the 2nd floor of the County Courthouse", and two other county offices in the same building publish the street address: the County Judge at Suite 301 and the Justice of the Peace at Suite 101. Confirm the suite number with the clerk before a trip, because the county does not publish one for this office
Mailing addressP.O. Box 1352, Dalhart, TX 79022. This is the only address the County Clerk's own page publishes. Use the box for mail and 414 Denver Avenue in person, and call before mailing an original will
Phone(806) 244-4751 for the Dallam County Clerk, published on the county's own County and District Clerk page. There is no separate probate line: this is one joint county and district clerk's office with one number. The county publishes no fax number for the office. The County Judge's office is (806) 244-2450
Email[email protected], published on the county's own clerk page. It is a departmental mailbox rather than an individual's. Confirm receipt on (806) 244-4751 before relying on email for anything that matters
Office hoursNot published. No Dallam County page gives hours for the clerk's counter, a lunch closure or a filing cutoff, and none could be verified from a county source, so call (806) 244-4751 before traveling to Dalhart
Filing fee$360.00 to open a probate 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 (Local Government Code § 133.151(a)(1)). Both amounts were enacted by S.B. 41, Acts 2021, 87th Legislature, effective January 1, 2022, and both sections were later amended by S.B. 1612 effective January 1, 2024. Dallam County publishes no probate fee schedule and no probate filing-fee figure of its own, so confirm the current total with the County Clerk before you file. On top of the filing fee the 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 or constable charges a service or posting fee set by the commissioners court, which may not set it higher than is necessary to pay the expenses of providing the service (§ 118.131)
Local formsNone. Dallam County publishes no probate application, no county order, no county oath, no cover sheet, no small estate affidavit template and no checklist for a family, and its website carries no probate page. The documents the County Clerk does publish are a mark and brand application, a bilingual self-help notice, a tax sale notice, an "Order to Pay Court Appointee" template and the state "Checklists for Report on Appointments and Fees Approved", none of which is a probate application. Texas publishes no comprehensive 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 under the statewide rule, and Dallam County publishes nothing of its own about it. The Supreme Court of Texas requires attorneys to e-file in all non-juvenile civil cases, including probate cases, in constitutional county courts (Misc. Docket No. 13-9164, signed December 9, 2013), and the phase-in was complete everywhere in Texas by July 1, 2016 at the latest. Filing goes through eFileTexas.gov. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Because Dallam County publishes no local e-filing notice, no exclusions list and no instructions, call (806) 244-4751 and ask what the counter will accept on paper. One statewide rule has no electronic substitute: after an application to probate a document as an original will is e-filed, the original will must be filed with the clerk within three business days (Texas Rule of Civil Procedure 21(f)(12))
Case searchNone for probate, and none for anything else. Dallam County runs no online case search, and it links no online land-records portal either, so there is no county search to point you at. Documents e-filed in a Dallam County 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 Dallam's is not published. In practice, records are requested from the Dallam County Clerk
Remote appearanceNothing published. Dallam County publishes no probate docket, no hearing day, no hearing location and no policy on telephone or video appearances. Ask the County Clerk on (806) 244-4751 what the County Judge expects before you assume you must appear in person, and before you assume you can appear from a distance
Websitehttp://www.dallam.org/county/clerk.shtml (the Dallam County and District Clerk) and http://www.dallam.org/ (the county site, where the commissioners court posts agendas and notices). The County Judge's page is http://www.dallam.org/county/judge.shtml and the 69th District Court's page is http://www.dallam.org/county/djudge.shtml

Before you begin — know the assets and liabilities

Before you file anything in Dalhart, 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. Doing that work first matters more than usual in Dallam County, because the county publishes no probate instructions, no forms and no fee schedule to correct a wrong assumption for you, and the person at the counter can explain procedure but cannot tell you which route to take.

Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle, mineral or water interest and parcel of Dallam 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. That question is worth settling early in a county like this one, where farmland, irrigation and cattle interests often outweigh the bank balances. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Dallam County Clerk describes the estate accurately the first time.

Which court handles jurisdiction

The Dallam County Courthouse at 414 Denver Avenue in Dalhart is the single probate filing location for the whole county. There is no branch, satellite or annex counter for estates, and no second window: the clerk who takes the filing is the same officer who keeps the records of the 69th District Court. The court serves every part of Dallam County, including the Dallam County portion of Dalhart, Texline in the far northwest of the county, which the county's own history page records as the original county seat before the seat moved to Dalhart in 1903, and the farming and ranching country around them.

One local geography point is worth pausing on, because it decides which courthouse a family walks into. The city of Dalhart lies across a county line: part of it is in Dallam County and part of it is in Hartley County. A Dalhart address is therefore not by itself proof that the decedent lived in Dallam County. Venue turns on the county of residence, not on the mailing address or the nearest courthouse, so if the decedent lived on the Hartley County side of the city the estate belongs in that county and not here. Check which county the residence actually sat in, on the property record or the tax statement, before you file, and ask the County Clerk if you are unsure.

Venue is otherwise straightforward for a Dallam County 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 Dallam County, the case belongs in the Dallam County Court, even if they died in a hospital in Amarillo 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. Dallam County has no statutory probate court and no county court at law. So the Dallam County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. The county's own County Judge page states the same allocation, that constitutional county judges have original jurisdiction in probate matters including mental illness and guardianships. A caption naming a probate court or a county court at law is wrong here. The other trial court seated in the county is the 69th District Court, which under Government Code § 24.171(a) is composed of Dallam, Hartley, Moore and Sherman counties; the county names Judge Kimberly Allen and publishes the court's office at 715 S. Dumas Avenue, Room 302, Dumas, TX 79029, 806-935-2700 (verified July 2026), and describes that judge's jurisdiction as including contested probates.

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 the 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. One practical point about the district court's calendar: it sits across four counties, and its terms in Dallam County begin on the 16th Monday after the second Mondays in January and July (Government Code § 24.171(b)(1)).

One step further out, an appeal from a Dallam County probate order does not go to the district court either. A final order issued by a probate court is appealable to the court of appeals (Estates Code § 32.001(c)), and Dallam County lies in the Seventh Court of Appeals District (Government Code § 22.201(h)). That court sits in Amarillo and names Dallam in its own list of counties served.

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. Confirm the decedent lived on the Dallam County side. Dalhart sits across the Dallam and Hartley county line, so a Dalhart address does not settle the question. Venue follows the county of residence (Estates Code § 33.001(a)(1)), and filing in the wrong county costs time and the fee. The property record or the tax statement will tell you which county the home sat in.
  3. Draft the papers yourself or with an attorney. Texas publishes no comprehensive set of probate procedure forms and Dallam 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. Caption them for the court that actually has the case: the Dallam County Court, the constitutional county court. Dallam County has no Probate Court and no County Court at Law, so a caption naming either is wrong.
  4. File the application with the Dallam County Clerk. Attorneys must e-file probate applications through eFileTexas.gov under the Supreme Court of Texas mandate (Misc. Docket No. 13-9164, December 9, 2013), which expressly covers probate cases in constitutional county courts and which had taken effect in every Texas county by July 1, 2016 at the latest. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Dallam County publishes no e-filing notice, no instructions and no list of documents it excludes, so if you are filing without a lawyer call the County Clerk on (806) 244-4751 first and ask what the counter on the second floor at 414 Denver Avenue will accept.
  5. Get 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 or send the wet-ink original to the Dallam County Clerk, 414 Denver Avenue or P.O. Box 1352, Dalhart, TX 79022. Call first, because the county publishes no counter hours to count against.
  6. Pay the filing fee. The base is $360.00 and it is statutory rather than local: $223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1), amounts enacted by S.B. 41 effective January 1, 2022 and since amended by S.B. 1612 effective January 1, 2024. Dallam County publishes no probate fee schedule, so ask the clerk what the total comes to with citation issuance ($8.00, Local Government Code § 118.059) and the sheriff's service or posting charge, which the commissioners court sets and may not set higher than is necessary to pay the expenses of providing the service (§ 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.
  7. Ask the clerk how the hearing gets set. Dallam County publishes no probate docket, no hearing day and no docket time, and it runs no self-scheduling portal, so the setting is arranged through the County Clerk's office on (806) 244-4751. Do not assume a date or an interval; ask what the next available setting looks like and where it will be held.
  8. Have the citation issued and served or posted. In Texas the clerk issues citation on an application to probate a will or for letters, and the sheriff or a constable serves or posts it. The Dallam County Sheriff's office is at 501 Denver Avenue in Dalhart. Nothing is heard until the posting or service period has run and the return is on file, so build that into your timing and ask the clerk what the sheriff's charge is, because Dallam County publishes no figure for it.
  9. Attend the hearing. Dallam County publishes no probate hearing location and no remote-appearance policy, so confirm with the County Clerk where to go and what to bring. Expect to bring a proposed order, the proof of death and other facts, a proposed oath and a copy of the death certificate, which is what a Texas county court needs to sign an order and swear in a representative.
  10. Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor, and it must do so 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 (Local Government Code § 118.061), so order enough for every bank, transfer agent and title company the estate has to deal with.
  11. 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 Dallam 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). Note the § 308.051 wrinkle that matters in a county this size: if there is no newspaper of general circulation in the county, the creditor notice must be posted instead, with the return made and filed as the statute otherwise requires (§ 308.051(c)), so ask the clerk how notice is handled locally rather than assuming a paper exists to publish in.

Forms and documents

Probate forms in Dallam County

Dallam 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 county checklist for a family. The county's website has no probate page at all, and no Dallam County probate local rules could be found published.

The documents the County and District Clerk does publish are a mark and brand application, a bilingual self-help notice, a tax sale notice, an "Order to Pay Court Appointee" template and the state "Checklists for Report on Appointments and Fees Approved". The last two are the only ones that touch a probate case, and they are the court's paperwork rather than yours: they exist so that district and county clerks can meet the reporting duties in Government Code § 36.004 and Supreme Court Order 07-9188, and they state that each appointment must be made by written order and each approval of the payment of a fee by a separate written order. That reaches estates whenever the court appoints an attorney ad litem, a guardian ad litem or a guardian, which is common in an heirship proceeding.

Texas as a whole publishes no comprehensive set of probate procedure forms, so a bare county is not unusual. 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), even though the Legislature directed it to in 2015 (Estates Code chapters 205 and 257). In practice the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Dallam County estate are documents somebody drafts. The one genuinely statewide procedural form a Dallam 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
Dallam County and District Clerk (dallam.org)The filing office's own page: the officer's name, the P.O. Box 1352 mailing address, the telephone number, the office mailbox, the note that the office is on the second floor of the courthouse, and the county's non-probate documents. It publishes no probate instructions, no fee schedule, no probate forms and no counter hours
Dallam County self-help notice (dallam.org)The bilingual English and Spanish one-page notice the clerk publishes, pointing anyone with a legal problem to texascourthelp.gov for help finding a lawyer, legal information, forms and legal research. It is the county's own self-help recommendation
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
Texas State Law Library probate research guide (guides.sll.texas.gov)A state agency's own guide to Texas probate, including probating a will, dying without a will, executors and administration, and where legal forms can be found

Local nuance

Dallam County-specific considerations

One officer, two clerkships, one counter. The county heads its page "County and District Clerk" and publishes a single officer, Terri Banks (verified July 2026), with one address, one telephone number and one mailbox for both offices. The county quotes the basis for it on that same page, from Texas Constitution article V, § 20: "provided, that in Counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks", and Government Code § 51.501(a) provides for the same arrangement. In practice that means you cannot queue at the wrong window in Dalhart. It does not change which court has your case: an estate is filed in the Dallam County Court and is taken by that officer acting as clerk of the county court.

The county line runs through Dalhart, and it decides where you file. Part of the city is in Dallam County and part is in Hartley County, which is a separate county with its own clerk. Venue for a Texas decedent who had a domicile or fixed place of residence in the state is the county of that residence (Estates Code § 33.001(a)(1)), not the nearest courthouse and not the postal address, so two neighbors on the same Dalhart street can belong in different counties. Settle that question from the property record or the tax statement before you pay a filing fee.

Nothing about probate is published, and that is itself the local condition to plan around. Dallam County has no probate page, no probate fee schedule, no probate forms or checklists, no e-filing notice, no published local rules, no docket information, no online case search and no published counter hours. The county is not doing anything wrong: nothing requires a county of this size to publish any of it. But it means the statewide rules do the work here. Attorneys must e-file (Misc. Docket No. 13-9164), an unrepresented party may but need not (Texas Rule of Civil Procedure 21(f)(1)), the original will goes to the clerk within three business days (Rule 21(f)(12)), the base fee is $360.00 by statute (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)), and everything genuinely local has to be confirmed on (806) 244-4751.

The one piece of court paperwork the county does publish is about appointments and their fees. The clerk's page carries an "Order to Pay Court Appointee" template and the state "Checklists for Report on Appointments and Fees Approved", which exist so that district and county clerks can meet the reporting duties in Government Code § 36.004 and Supreme Court Order 07-9188. The checklist states that each appointment must be made by written order and each approval of the payment of a fee by a separate written order, and it names attorney ad litem, guardian ad litem and guardian appointments among the case types covered. If an heirship or a guardianship in your estate needs an appointment, expect the court to sign separate written orders for the appointment and for the fee, and expect that fee to be reported.

The district court sits four counties wide, and its Dallam terms are set by statute. Government Code § 24.171(a) composes the 69th Judicial District of Dallam, Hartley, Moore and Sherman counties, and § 24.171(b)(1) provides that the terms of the 69th District Court begin in Dallam County on the 16th Monday after the second Mondays in January and July. The court's own office is in Dumas, in Moore County, at 715 S. Dumas Avenue, Room 302, on 806-935-2700, and the county describes the district judge's jurisdiction as including contested probates. None of that changes where an estate starts: original probate jurisdiction is in the county court under Estates Code § 32.002(a) and the application goes to the Dallam County Clerk. The district court reaches a Dallam probate matter only through the § 32.003 contested-matter route, and even then the county court keeps the management of the rest of the estate (§ 32.003(g)).

An appeal goes to Amarillo, not to the district court. A final order issued by a probate court is appealable to the court of appeals (Estates Code § 32.001(c)), and Dallam County is one of the counties in the Seventh Court of Appeals District (Government Code § 22.201(h)). That court names Dallam in its own counties-served list, has its offices on the second floor of the Potter County Courts Building in Amarillo at 350 SE 6th Avenue, Suite 2C, mails to P.O. Box 9540, Amarillo, TX 79105-9540 and answers on (806) 342-2650.

Recent updates

Page last reviewed: July 2026.

Scenarios

SituationLikely path in Dallam CountyWhere Sunset helps
Surviving spouse, co-owned homeIf the Dalhart-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 Dallam County Court, captioned for the constitutional county court rather than a probate court or county court at law, neither of which Dallam has. Check first that the home sat on the Dallam County side of Dalhart rather than the Hartley County side, because venue follows the county of residence (Estates Code § 33.001(a)(1)). The application goes to the Dallam County Clerk at 414 Denver Avenue, and if it is e-filed the wet-ink original will must reach the clerk within three business days (Texas Rule of Civil Procedure 21(f)(12)). Budget the $360.00 statutory base (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus citation and the sheriff's charge, and ask the clerk for the total, because the county publishes none.Asset discovery to establish how the home, the accounts and any agricultural, water or mineral interests are titled and what actually has to reach the court. Packet generation for the Dallam County filing, captioned for the county court that has the case. A vetted attorney referral if title or a claim turns out to be disputed.
Out-of-state adult child, small estateMost of the paperwork can be done from out of state. An attorney 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)); Dallam County publishes no e-filing notice either way, so call the County Clerk on (806) 244-4751 before trying to file on paper or by mail to P.O. Box 1352. 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 Dalhart: the original will must reach the County Clerk within three business days of the application (Rule 21(f)(12)), and the county publishes no remote-appearance policy for probate, so someone may have to appear. Nothing about the case can be checked online, because the county runs no case search.Asset discovery to size the estate from a distance and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time in a county that publishes no forms. Attorney referral where an in-person hearing in Dalhart 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 Dallam County Court. The parent applies with the Dallam County Clerk, the clerk issues citation and the sheriff serves or 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 enough sets of 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 estate's only real property is the homestead and the small estate affidavit route fits, note that the affidavit has to be recorded in the deed records of a county in which the homestead is located (§ 205.006(a)), which for a Dalhart property means checking which county's deed records the house is actually in.Asset discovery for the child's accounts, insurance, agricultural 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 can be assigned to a statutory probate court judge or transferred to the 69th District Court (Estates Code § 32.003).

Self-help resources

ResourceWhat it offers
Dallam County and District Clerk (dallam.org), (806) 244-4751The filing office for estates in Dallam County, at the Dallam County Courthouse, 414 Denver Avenue, Dalhart, TX 79022, second floor, mail P.O. Box 1352, Dalhart, TX 79022, email [email protected]. One officer holds both the county clerk and district clerk offices, so it is one counter for both courts. The page publishes no hours, no fax number, no fee schedule, no probate forms and no probate instructions, so the telephone is the way to confirm anything. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice
Dallam County Judge (dallam.org), (806) 244-2450The office of the judge who hears estates in this county, at 414 Denver Avenue, Suite 301, Dalhart, TX 79022. The page sets out the constitutional county judge's role in the county's own words, including original jurisdiction in probate matters, and notes that a county judge is not required to be an attorney
69th District Court (dallam.org), 806-935-2700The district court for Dallam, Hartley, Moore and Sherman counties (Government Code § 24.171(a)), at 715 S. Dumas Avenue, Room 302, Dumas, TX 79029. It reaches a Dallam County estate only through the contested-matter route in Estates Code § 32.003, and the county's own page describes its jurisdiction as including contested probates
Dallam County self-help notice (dallam.org)The bilingual notice the County Clerk publishes, directing anyone with a legal problem to texascourthelp.gov for help finding a lawyer, legal information, forms and legal research
eFileTexas.govRegistration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where an attorney files a Dallam County probate application, and where an unrepresented filer may file if they choose 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, so confirm anything important with the Dallam County Clerk
Seventh Court of Appeals (txcourts.gov), (806) 342-2650The appellate court for Dallam County (Government Code § 22.201(h)), which names Dallam in its own counties-served list. A final probate order is appealable to it (Estates Code § 32.001(c)). Offices on the second floor of the Potter County Courts Building, 350 SE 6th Avenue, Suite 2C, Amarillo, TX 79101, mail P.O. Box 9540, Amarillo, TX 79105-9540
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, published by the Texas Judicial Branch. This is the site the Dallam County Clerk's own self-help notice sends readers to
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. This is the program that covers Dallam County: the Amarillo office's own counties-served list names Dallam alongside Armstrong, Carson, Collingsworth, Deaf Smith, Donley, Gray, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts, Sherman and Wheeler. Office at 203 SW 8th Ave., Ste. 600, Amarillo, TX 79101, fax 806-376-8056; application appointments are scheduled through the work week for the following Tuesday until the spots are filled, and emergency appointments are arranged by calling during business hours, Monday through Friday, 8 a.m. to 5 p.m.; the program-wide Legal Aid Line is 1-888-529-5277. The office also runs a telephone advice clinic on 806-373-6808, ext. 6503, at which volunteer attorneys give free advice on general civil matters expressly including wills and estates, by appointment and after eligibility screening. Eligibility rules apply, so confirm 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, organized by region. It is curated rather than exhaustive, so contact a library directly about public access
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

Uncontested estates are settled without a lawyer in counties like this one every year, but Dallam County gives a self-represented filer less to work from than most. Counsel earns its keep 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, an agricultural operation, a water right or a mineral interest has 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. The county publishes no probate forms, no instructions, no hours and no fee schedule, so every document is drafted from scratch and every local cost and deadline has to be established by telephone. The county line through Dalhart makes venue a real question rather than a formality, and a filing made in the wrong county has to be made again. And 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 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. County Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Dallam 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, Dallam County real property and agricultural or mineral interests, and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Dalhart.

Generate the probate packet. Sunset assembles the paperwork for your route, captioned for the Dallam County Court, the constitutional county court that actually has the case, and ready to file with the Dallam County Clerk at 414 Denver Avenue. That matters more in a county that publishes no forms 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 Dallam 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 Dallam County?

With the Dallam County Clerk at the Dallam County Courthouse, 414 Denver Avenue, Dalhart, TX 79022, on the second floor, phone (806) 244-4751; mail goes to P.O. Box 1352, Dalhart, TX 79022. The case is heard by the Dallam County Court, the constitutional county court, presided over by the elected County Judge, because Dallam County has no statutory probate court and no county court at law, so the county court has original jurisdiction of probate proceedings (Estates Code § 32.002(a)). The county's own County Judge page says the same thing, that constitutional county judges have original jurisdiction in probate matters. File in Dallam County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).

Dalhart is in two counties. Which one do I file in?

The county the decedent actually lived in. Dalhart straddles the Dallam and Hartley county line, so a Dalhart mailing address does not decide the question by itself. Venue for a Texas decedent who had a domicile or fixed place of residence in the state is the county of that residence (Estates Code § 33.001(a)(1)). If the home sat on the Dallam County side, the estate is filed with the Dallam County Clerk at 414 Denver Avenue. If it sat on the Hartley County side, it belongs with that county's clerk instead, even though the street may look identical. Check the property record or the tax statement, or ask the County Clerk on (806) 244-4751, before you pay a filing fee in the wrong county.

Why is the Dallam County Clerk also the district clerk?

Because Texas law provides for it in the smallest counties. The county publishes the office as the "County and District Clerk", one officer with one address, one telephone number and one mailbox, and it quotes the basis on its own page, from Texas Constitution article V, § 20: "provided, that in Counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks." Government Code § 51.501(a) provides for the same arrangement. For a family settling an estate this is convenient rather than confusing: one office, one address, one telephone number, and no risk of queuing at the wrong window. Your estate is still a Dallam County Court matter, handled by that officer as clerk of the county court.

Is e-filing required for probate in Dallam County?

For attorneys, yes. The Supreme Court of Texas requires attorneys to e-file in all non-juvenile civil cases, including probate cases, in constitutional county courts (Misc. Docket No. 13-9164, signed December 9, 2013), and the phase-in was complete in every Texas county by July 1, 2016 at the latest. Filing goes through eFileTexas.gov. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Dallam County publishes no e-filing notice of its own, no county effective date, no list of documents it excludes and no instructions, so if you are filing without a lawyer call the County Clerk on (806) 244-4751 and ask what the office will accept on paper before you drive to Dalhart.

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

You e-file the application with a copy of the will, then get the wet-ink original to the 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 Dallam County Clerk on the second floor at 414 Denver Avenue, Dalhart, or send it to P.O. Box 1352, Dalhart, TX 79022. There is no electronic way to satisfy this, and because the office publishes no counter hours, call before you count on delivering it on a particular day.

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

$360.00 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 by S.B. 1612 effective January 1, 2024. Dallam County publishes no probate fee schedule and no probate fee figure of its own, so ask the County Clerk on (806) 244-4751 what the total comes to. Expect citation issuance at $8.00 (§ 118.059), a sheriff's service or posting charge the county does not publish, letters at $2.00 each (§ 118.061) and, only if the inventory is filed after the 90th day after the representative qualifies, a $25.00 late-inventory fee (§ 118.056(d)). A later contested or adverse probate action is $120.00 (§ 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 Dallam County?

No. Dallam County publishes no probate application, no county order, no county oath, no cover sheet, no small estate affidavit template and no checklist for a family, and it has no probate page on its website at all. No Dallam County probate local rules could be found published either. The documents the clerk does publish are a mark and brand application, a bilingual self-help notice, a tax sale notice, an order to pay a court appointee and the state checklists for reporting appointments and approved fees under Government Code § 36.004. Texas publishes no comprehensive set of probate procedure forms, so the application, the proof of death and other facts, the order, the oath and the inventory are documents somebody drafts. The one statewide form a Dallam 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.

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

You cannot, from the county. Dallam County runs no online probate case search, and it links no online land-records portal either. Documents e-filed in a Dallam County 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 Dallam's is not published, so do not assume a Dallam case appears there. For a reliable answer, ask the Dallam County Clerk on (806) 244-4751 or at the counter.

When is the probate hearing in Dallam County, and can I appear remotely?

Dallam County publishes no probate docket, no hearing day, no docket time, no hearing location and no policy on telephone or video appearances, so nothing can be promised here. Call the County Clerk on (806) 244-4751 to ask how settings are arranged, where to appear and whether the County Judge will take a remote appearance. Do not assume an interval between filing and hearing, because the county publishes none.

What happens if someone contests the will in Dallam 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 it may be filed before anything becomes contested (§ 32.003(c)). Meanwhile the Dallam County Court continues to manage the rest of the estate (§ 32.003(g)). The district court here is the 69th District Court, composed of Dallam, Hartley, Moore and Sherman counties (Government Code § 24.171(a)), with its office in Dumas; its terms in Dallam County begin on the 16th Monday after the second Mondays in January and July (§ 24.171(b)(1)). If the dispute runs all the way to an appeal, that does not go to the district court either: a final order issued by a probate court is appealable to the court of appeals (Estates Code § 32.001(c)), and Dallam County is in the Seventh Court of Appeals District (Government Code § 22.201(h)), which sits in Amarillo and names Dallam in its own counties-served list. Appellate deadlines are short, so speak to a lawyer promptly if an appeal is in view.

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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