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Dawson County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Dawson County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Dawson County has no statutory probate court and no county court at law, the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). Government Code Chapter 25, which creates every statutory county court and statutory probate court in the state, contains no Dawson County entry. The county's own County Judge page names Judge Foy O'Brien, Room 202 of the courthouse, 806-200-2012 (verified August 2026) |
| Filing office | The Dawson County Clerk, who is the clerk of the county court (Texas Constitution article V, § 20). Wills, estates and guardianships are filed with the County Clerk. The Dawson County District Clerk, on the 4th floor of the same building, serves the 106th District Court and does not open estates |
| Courthouse | Dawson County Courthouse, 400 South 1st Street, Room 205, Lamesa, TX 79331. Room 205 is the County Clerk's counter, the address printed at the head of the clerk's own probate fee schedule. The County Judge is in Room 202. There is no branch or annex filing counter for estates |
| Mailing address | Dawson County Clerk, P.O. Box 1268, Lamesa, TX 79331-1268. The county publishes this box for the courthouse generally, so address mail to the County Clerk by name of office, and call before mailing an original will |
| Phone | 806-329-3311 for the Dawson County Clerk, the number published on the clerk's own page and on the clerk's general fee sheet. Two other published numbers are worth knowing so you do not think you have the wrong office: the clerk's probate fee schedule heads with 806-329-3312, and the county's courthouse contact block gives (806) 329-3313. The County Judge's office is at 806-200-2012 |
| Fax | (806) 872-7496, the fax the county publishes for the courthouse |
| Office hours | Monday through Thursday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.; Friday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., per the County Clerk's own page (verified August 2026). Two things trip people up here: the counter closes for an hour at noon every day, and it closes an hour early on Friday |
| Filing fee | $422.00 to open a probate of a will, a muniment of title (Estates Code chapter 257), an administration or a guardianship, and $364.00 for a small estate affidavit (chapter 205), per the Dawson County Clerk's own probate fee schedule, effective January 1, 2022. Both totals are built on the statewide statutory base of $360, which 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 that took effect January 1, 2022 under S.B. 41 and have since been amended in place. Dawson adds the statutory issuing-document, oath and county judge fees and a sheriff posting charge on top. See the fee section below for the full itemization and for the inconsistencies in the county's own documents |
| Local forms | None. Texas has no comprehensive statewide set of probate procedure forms, and Dawson County publishes no probate form library, no cover sheet and no small estate affidavit template. The clerk's document list runs to fee schedules, an assumed name certificate, a mark and brand application, a birth and death verification application and a military records request, none of which is a probate form. The application, the proof of death and other facts, the order, the oath and the inventory are drafted by you or your attorney |
| E-filing | Mandatory for attorneys, and Dawson County publishes no local instructions of its own. Under the controlling Supreme Court of Texas order (Misc. Docket No. 13-9164, signed December 9, 2013) attorneys must e-file in probate cases in constitutional county courts, and the phase-in reached every Texas county by July 1, 2016. Filing is through eFileTexas.gov. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Because the county publishes nothing about paper or mailed filings from a self-represented filer, call the County Clerk at 806-329-3311 before filing on paper |
| Case search | None. Dawson County publishes no online probate case search and no online records search at all; the only online service the County Clerk's page links is a birth, death and marriage certificate ordering portal. Documents e-filed in a Dawson probate case may be visible 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 Dawson's is not published, so for a reliable answer ask the Dawson County Clerk |
| Remote appearance | Nothing published for probate. Dawson County publishes no telephone or video appearance rule for probate matters. Do not read the county's Court Hearings page as one: it lists DISTRICT court settings, its video-conference notice is undated, and its most recent dockets are from 2021. Ask the County Clerk what the County Judge expects |
| Website | https://www.co.dawson.tx.us/page/dawson.County.Clerk (the Dawson County Clerk). The clerk's probate fee schedule is at https://www.co.dawson.tx.us/upload/page/1581/2250160924.pdf and its general fee sheet at https://newtools.cira.state.tx.us/upload/page/1581/2022/2022%20FEE%20SHEET.pdf |
Before you begin — know the assets and liabilities
Before you file anything in Lamesa, 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 here for a practical reason: Dawson County prices each route differently and publishes the arithmetic, so opening the wrong kind of proceeding costs real money as well as time.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle, mineral interest and parcel of Dawson 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 Dawson County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Dawson County Courthouse at 400 South 1st Street in Lamesa 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 205 and the County Judge sits in Room 202 of the same building. The court serves every part of the county, including Lamesa and O'Donnell and the farming country between and around them.
Venue is straightforward for a Dawson 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 Dawson County, the case belongs in the Dawson County Court, even if they died in a hospital in Lubbock, Midland or Big Spring. For a decedent with no Texas domicile or fixed residence, venue depends on where the death happened and where the estate or the nearest of kin are (§ 33.001(a)(2)).
Which court hears the case is the fact most often gotten wrong on a small Texas county, and Dawson has a specific trap. The county website's navigation menu carries an item labeled "County Court at Law", but the page behind it is empty, and Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, contains no Dawson County entry at all. Dawson County therefore has neither a statutory probate court nor a county court at law, and the Dawson County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), with the elected County Judge presiding. The other trial court seated in the county is the 106th District Court, which serves Dawson, Gaines, Garza and Lynn counties (Government Code § 24.208) and does not open 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 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. In Dawson County the route also fixes the price, because the County Clerk publishes a separate total for each one.
- Draft the papers yourself or with an attorney. Texas has no comprehensive statewide set of probate procedure forms and Dawson 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. Style the case in the Dawson County Court, which is the court that has jurisdiction here; do not caption it for a probate court or a county court at law, because Dawson County has neither.
- File with the Dawson County Clerk. The counter is Room 205 of the Dawson County Courthouse, 400 South 1st Street, Lamesa, TX 79331, and mail goes to P.O. Box 1268, Lamesa, TX 79331-1268. Attorneys must e-file through eFileTexas.gov; the Supreme Court of Texas order that requires it (Misc. Docket No. 13-9164, December 9, 2013) covers probate cases in constitutional county courts and had reached every Texas county by July 1, 2016. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Dawson County publishes no local e-filing instruction and no statement about paper filings, so call 806-329-3311 before bringing paper to the counter.
- 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)). Take or send the wet-ink original to the Dawson County Clerk, 400 South 1st Street, Room 205, Lamesa, TX 79331. The clerk must keep an original will filed for probate in a numbered file folder (Rule 21(f)(13)), and a will filed with an application stays in the county clerk's custody (Estates Code § 256.053).
- Pay the county's published total for your route. Dawson County's probate fee schedule, effective January 1, 2022, prices a will, muniment of title, administration or guardianship at $422.00, a small estate at $364.00, letters of administration with a determination of heirship at $430.00 and a foreign will at $360.00. Every one of those is built on the same statewide statutory base of $223 (Local Government Code § 135.102(a)(1)) plus $137 (§ 133.151(a)(1)). 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.
- Let citation issue and be posted. In Texas the clerk issues citation on an application to probate a will or for letters, and the sheriff posts it at the courthouse; that is what the $8.00 issuing-document fee (Local Government Code § 118.052(3)(A)) and the sheriff posting charge in Dawson's totals pay for. Nothing is heard until the posting period has run and the return is on file, so build that into your timing.
- Ask the County Clerk to set the hearing. Dawson County publishes no probate docket day, no self-scheduling portal and no filing-to-hearing interval, so the honest answer is that you arrange the setting with the clerk's office at 806-329-3311 and it goes before the County Judge in Room 202. Do not rely on the county's Court Hearings page: it carries district court settings and its most recent entries are from 2021.
- Attend the hearing and have the proposed documents ready. Dawson County publishes no rule about whether proposed orders must be lodged in advance or carried in, and no remote-appearance rule, so ask the clerk when you set the case and bring clean, signature-ready copies of the proposed proof of death and other facts, the proposed order and the proposed oath, plus a copy of the death certificate.
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Dawson County prices letters at $2.00 each (Local Government Code § 118.052(3)(D); § 118.061), so order enough sets at the hearing 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 Dawson County Clerk. Filing the inventory on time also keeps it free: the clerk's $25.00 inventory fee applies only to an inventory filed late (Local Government Code § 118.056(d)). 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 Dawson County
Dawson 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 and no county small estate affidavit template. Texas as a whole has no comprehensive set of probate procedure forms either: the Texas Judicial Branch forms page carries only will forms, a transfer on death deed kit and civil forms in this area, and the Supreme Court of Texas has not promulgated a small estate affidavit form or a muniment of title form under Government Code § 22.020(b)(1), even though the Legislature directed it to in 2015 (Estates Code chapters 205 and 257). In practice this means the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Dawson County estate are drafted documents.
What Dawson County does publish, and what makes it unusually useful for a county this size, is money detail. The County Clerk posts a three-page probate fee schedule with a printed effective date that prices each proceeding separately, lists the statutory authority next to each line, and adds a sheriff fee table. A second, wider general fee sheet from the same office, also marked effective January 1, 2022, carries the same probate totals alongside civil and recording fees. Neither is a form, but together they are the documents to read before you file, because they tell you what your route will cost at the counter. Both are scanned or converted documents rather than fillable ones.
The one genuinely statewide procedural form a Dawson 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, and the court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)).
| Resource | What it provides |
|---|---|
| Dawson County Clerk probate fee schedule (co.dawson.tx.us) | The county's own three-page probate fee schedule, effective January 1, 2022: per-proceeding totals of $422.00, $364.00, $430.00, $360.00 and $362.00, a will-for-safekeeping and safe-deposit-box price, the per-service list with its statutory cites, and a sheriff fee table. It is a scanned document with no searchable text layer |
| Dawson County Clerk general fee sheet (newtools.cira.state.tx.us) | The clerk's wider fee sheet, also effective January 1, 2022, which repeats the $422.00, $364.00 and $360.00 probate totals and adds civil, recording and heirship-affidavit charges. Read the probate schedule first; the civil totals on this sheet are not probate fees |
| Dawson County Clerk (co.dawson.tx.us) | The filing office's own page: the Room 205 courthouse address, the P.O. Box, the counter hours with the noon closure and the early Friday close, the phone and fax, and the clerk's document list. It carries no probate forms |
| Texas Judicial Branch court forms (txcourts.gov) | The statewide forms that do exist, including the Statement of Inability to Afford Payment of Court Costs required by Texas Rule of Civil Procedure 145, and the Supreme Court of Texas will forms. There is no statewide application, order, oath or inventory form |
Fees
Dawson County is one of the smaller Texas counties that publishes real probate fee detail, and the detail is worth reading because it prices each route separately rather than quoting a single number. The County Clerk's probate fee schedule is headed "Effective January 1, 2022", which is exactly when the $223 and $137 consolidated fees took effect under S.B. 41 (Acts 2021, 87th Leg., R.S., Ch. 472), and the sheet prints both of those amounts, so its header date and its figures agree. Every total below is the county's own; the statutory base inside each of them is the same in all 254 Texas counties.
| Proceeding or item | Amount | Authority or source |
|---|---|---|
| Will, muniment of title, administration, or guardianship | $422.00 | Dawson County Clerk probate fee schedule, effective January 1, 2022, for Letters Testamentary, Letters of Administration, Muniment of Title (Estates Code chapter 257) or Letters of Guardianship. It is the $360 statutory base, a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), plus $8.00 to issue a document (§ 118.052(3)(A)), a $50.00 sheriff posting charge (§ 118.131), $2.00 for administering the oath (§ 118.052(2)(A)(iii)) and $2.00 for the county judge's fee (§ 118.101) |
| Small estate affidavit | $364.00 | Dawson County's schedule for the Estates Code chapter 205 route: the $223 plus $137 base, plus $2.00 for the oath and $2.00 for the county judge's order. No citation or posting item is charged, which is why it costs less than opening an administration |
| Letters of administration with a determination of heirship | $430.00 | Dawson County's schedule: the $223 plus $137 base, two issuing-document fees of $8.00 each (one for posting and one for publication), a $50.00 sheriff posting charge, $2.00 for the oath and $2.00 for the county judge's order. Heirship is the most expensive route the county prices because it needs both a posted and a published citation |
| Foreign will | $360.00 | Dawson County's schedule, and the clearest illustration that the base is statutory: it is the $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus the $137 state consolidated fee (§ 133.151(a)(1)) and nothing else |
| Sale of property for a minor | $362.00 | Dawson County's schedule: the base plus $2.00 for the county judge's order. The schedule notes that an issuing-document fee of $8.00 and a posting charge may also apply, and asks for the probate number |
| Depositing a will for safekeeping | $40.00 | Dawson County's schedule, which prices the $5.00 statutory deposit and safekeeping fee (Local Government Code § 118.062) alongside $15.00 for records management and preservation and $20.00 for courthouse security |
| Order to open a safe deposit box | $17.00 | Dawson County's schedule, for one name and one box number: $15.00 records management and preservation plus $2.00 for the county judge's fee (Local Government Code § 118.101) |
| Later contested or adverse probate action | $120.00 | $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2), for an action other than the original application, including an adverse probate action or contest. Dawson County's schedule prints the same $120.00 as an action within an existing case |
| Letters Testamentary or Letters of Administration | $2.00 each | The statutory per-document fee the county clerk collects (Local Government Code § 118.052(3)(D); § 118.061), printed at the same amount on Dawson's schedule. Order enough sets at the hearing for every institution the estate deals with |
| Filing an inventory and appraisement LATE | $25.00 | This fee is conditional and Dawson's schedule does not say so. Local Government Code § 118.056(d) limits it to an inventory filed after the 90th day after the personal representative qualified, or after a deadline the court has extended under Estates Code § 309.051. An inventory filed on time carries no clerk's filing fee |
| Annual or final account, or application to sell estate property | $25.00 each | Local Government Code § 118.052(2)(A)(iv) and (v), printed at the same amounts on Dawson's schedule, along with $10.00 for an annual or final report of a guardian of the person |
| Claim against the estate | $10.00 | Payable by the claimant when the claim is filed (Local Government Code § 118.052(2)(B); § 118.058). Dawson's schedule prints the same amount |
| Certified copy | $5.00 plus $1.00 per page | The clerk's certificate plus a per-page charge (Local Government Code § 118.052(3)(B)), printed at the same amounts on Dawson's schedule. Noncertified copies are $1.00 per page |
| Sheriff service and posting | $25.00 to $190.00 | Dawson County's schedule lists a sheriff fee table under Local Government Code § 118.131: $25.00 to post a probate citation, $90.00 for personal service of a subpoena, summons or citation, $90.00 for certified mail service, and $190.00 for a writ or an order of sale. These are set by the commissioners court, which may not set them higher than is necessary to pay the expenses of providing the service |
| Electronic filing charges | Set by the vendor, not by Dawson County | Filing through eFileTexas.gov carries the electronic filing service provider's own charge and any card surcharge, on top of the court costs above. Dawson County publishes no county electronic filing fee of its own |
| If you cannot afford the fee | No cost | File a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145. The court must waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)) |
Three cautions before you write the check. First, the county's own documents do not agree with each other on the sheriff's charge: the opening totals build in $50.00 for posting, the same schedule's sheriff table lists $25.00 to post a probate citation and $90.00 for personal service, and the clerk's general fee sheet says the sheriff receives $100.00 for each personal service citation. Second, the schedule prints $3.00 for approving and recording a bond where Local Government Code § 118.052(2)(A)(ii) sets $5.00. Confirm your route's current total with the Dawson County Clerk at 806-329-3311 rather than mailing a check built from this page. Third, do not use the civil figures on the clerk's general fee sheet: its $458.00 total, and the $558.00 with two defendants, are civil suit costs, not probate costs.
It is also worth knowing what is fixed and what is not. The $360 base is set by statute and is identical in every Texas county, so a quoted figure materially above it is either a total that includes citation, posting, publication or ad litem items, as Dawson's $422.00 and $430.00 do, or it is out of date. What genuinely varies between counties is the add-ons, above all the sheriff or constable charges the commissioners court sets each year (Local Government Code § 118.131) and the newspaper's own bill for a published notice.
Local nuance
Dawson County-specific considerations
Ignore the "County Court at Law" link in the county's menu. Dawson County's website navigation lists one, and the page behind it opens with nothing on it but the site's own header and footer. Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, has no Dawson County entry, so the county has neither a county court at law nor a statutory probate court. Probate is heard by the Dawson County Court, the constitutional county court, under Estates Code § 32.002(a). Caption your papers accordingly: a case styled for a court the county does not have is an avoidable reason for a rejection.
Three offices, one building, three different places to go. The County Clerk, who takes probate filings, is in Room 205. The County Judge, who hears them, is in Room 202. The District Clerk, who serves the 106th District Court and does not open estates, is on the 4th floor. The courthouse is at 400 South 1st Street in Lamesa and mail for all of them goes to P.O. Box 1268, Lamesa, TX 79331-1268, so address anything you mail to the County Clerk by name of office or it may take a detour.
The counter closes at lunch and closes early on Friday. The County Clerk's published hours are 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Thursday, and 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. on Friday. If you are driving in from Lubbock or Midland with an original will, the noon hour and the Friday afternoon are the two windows to avoid.
The fee schedule is the county's real local document, and it is priced per route. Most small Texas counties publish nothing, or one number. Dawson prices a will, a muniment of title, an administration or a guardianship at $422.00, a small estate at $364.00, an heirship with letters of administration at $430.00 and a foreign will at $360.00, and it lists the statutory authority beside each component. That is worth using: it lets you cost the choice between routes before you file. Read the caveats in the fee section, because the county's own documents are internally inconsistent on the sheriff's charge.
The county publishes no probate procedure at all, and the honest response is to ask rather than assume. There is no Dawson County probate page, no local rules, no docket day, no filing-to-hearing window, no e-filing instruction, no statement about paper filings by self-represented parties and no remote-appearance rule. The county's Court Hearings page is not a substitute: it carries district court settings and its most recent entries are from 2021. Everything procedural on this page above the county's fee schedule is statewide law rather than Dawson practice, and the number to call for the rest is 806-329-3311.
Nothing about a Dawson County estate can be looked up online. The county runs no probate case search and no official public records search; the only online service the County Clerk's page offers is ordering birth, death and marriage certificates. A record request means the counter, the phone or the mail, and a case-file lookup means having the cause number or asking the clerk to find it.
Recent updates
| Change | What it means in Dawson County |
|---|---|
| Dawson County Clerk probate fee schedule, effective January 1, 2022 | The County Clerk publishes a three-page probate fee schedule with a printed effective date, pricing each route separately: $422.00 for a will, a muniment of title, an administration or a guardianship, $364.00 for a small estate, $430.00 for an heirship with letters of administration, $360.00 for a foreign will and $362.00 for a sale of property for a minor. The date is not a sign of staleness: it is when the $223 and $137 consolidated fees the schedule prints took effect under S.B. 41 |
| Statutory base fee amounts unchanged since January 1, 2022 | The $223 local consolidated fee (Local Government Code § 135.102(a)(1)) and the $137 state consolidated fee (§ 133.151(a)(1)) took effect on January 1, 2022 under S.B. 41 and were amended in place effective January 1, 2024 by S.B. 1612. Those are still the amounts the two sections carry, so a Dawson County total built on the $360 base is current |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Dawson County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Lamesa-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 Dawson County Court. Budget the county's published $422.00 for a will, a muniment of title (Estates Code chapter 257) or an administration, which is the $360 statutory base (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus Dawson's issuing-document, posting, oath and county judge items. If the application is e-filed, the wet-ink original will has to reach the County Clerk in Room 205 within three business days (Texas Rule of Civil Procedure 21(f)(12)). | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Dawson County filing, captioned for the county court that actually has jurisdiction. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Much of this can be done from out of state. 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)); Dawson County publishes nothing about paper filings, so call the County Clerk at 806-329-3311 before mailing anything in. 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 Lamesa: the original will must reach the County Clerk within three business days of the application (Rule 21(f)(12)), and there is no online case search, so checking on the file means calling the clerk. Dawson prices the intestate small estate affidavit route (Estates Code chapter 205) at $364.00. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight. Packet generation so the filing is accepted the first time. Attorney referral where a hearing in Lamesa 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 Dawson County Court. If the child left no will, the heirs usually have to be established as well, and Dawson prices letters of administration with a determination of heirship at $430.00, which is its most expensive published route because it needs both a posted and a published citation. 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 at $2.00 each (Local Government Code § 118.061) for the title company. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)), and filing it on time avoids the clerk's $25.00 late-inventory fee (Local Government Code § 118.056(d)). | 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 can be assigned to a statutory probate court judge or transferred to the district court (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| Dawson County Clerk (co.dawson.tx.us), 806-329-3311 | The filing office for estates in Dawson County: the Room 205 courthouse address, the P.O. Box, the counter hours with the noon closure and the 4:00 p.m. Friday close, the fax number and the clerk's published fee documents. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| Dawson County Clerk probate fee schedule (co.dawson.tx.us) | The single most useful local document for a Dawson County filer: per-proceeding totals effective January 1, 2022, the per-service list with statutory cites, and the sheriff fee table. It is a scanned document, so it cannot be searched by text |
| Dawson County Judge (co.dawson.tx.us), 806-200-2012 | The office of the elected County Judge, who presides over the Dawson County Court and hears probate matters, in Room 202 of the courthouse. Filings still go to the County Clerk |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Dawson County probate application is filed electronically |
| 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 Dawson 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 Dawson County Clerk's own page points readers to this library. The library's standing caveat is that it cannot tell you what the law means for your situation |
| TexasCourtHelp.gov | General information and videos about making your way through the Texas court system. The Dawson County Clerk's own page points readers to it, printed as TexasCourtHelp.org, under "Need help with a legal problem?" |
| 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 (legalaidtx.org), Legal Aid Line 1-888-529-5277 | The legal aid program for North and West Texas, which states that it serves 114 counties in that region; its nearest offices to Lamesa are in Lubbock, 1711 Avenue J, 806-763-4557, and Midland, 10 Desta Dr. Suite 675E, 432-686-0647. It publishes no per-county list, and decedents' estates are not a headline practice area, so confirm both coverage and case type before relying on it |
| 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 of law libraries. It lists no law library in Dawson County; the closest listed are the Lubbock County Law Library, 916 Main Street Suite 306, Lubbock, (806) 775-1667, and the Midland County Law Library, 500 N. Loraine Street Suite 100, Midland, (432) 688-4351. The directory 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
Plenty of uncontested Dawson County estates are handled without a lawyer, and nothing the county publishes suggests otherwise. 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 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. First, Dawson County publishes no probate forms and no local procedure, so every document is drafted from scratch and the practice questions have to be asked at the counter. Second, an heirship determination is the county's most expensive published route and the one where an attorney ad litem is most likely to be appointed. 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 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 Dawson County and the surrounding South Plains.
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, Dawson County real property and mineral interests and unclaimed property, so you know what the estate holds and which route fits during estate settlement before anything is filed in Lamesa.
Generate the probate packet. Sunset assembles the paperwork for your route, captioned for the Dawson County Court and ready to file with the Dawson County Clerk in Room 205 or through eFileTexas.gov.
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 Dawson 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 Dawson County?
With the Dawson County Clerk at the Dawson County Courthouse, 400 South 1st Street, Room 205, Lamesa, TX 79331; mail goes to P.O. Box 1268, Lamesa, TX 79331-1268. The case is heard by the Dawson County Court, the constitutional county court, presided over by the elected County Judge, because Dawson County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Dawson County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)). Do not take an estate to the District Clerk on the 4th floor: that office serves the 106th District Court.
Does Dawson County have a county court at law or a probate court?
No. The county website's menu carries a "County Court at Law" link, but the page behind it is empty, and Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, contains no Dawson County entry. Probate is heard by the Dawson County Court, the constitutional county court, under Estates Code § 32.002(a). Style your papers for that court, not for a probate court or a county court at law.
How much does it cost to file probate in Dawson County?
The County Clerk publishes a price for each route, effective January 1, 2022: $422.00 for a will, a muniment of title, an administration or a guardianship; $364.00 for a small estate affidavit; $430.00 for letters of administration with a determination of heirship; $360.00 for a foreign will; and $362.00 for a sale of property for a minor. Inside every one of those is the statewide statutory base of $360, a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)), which is identical in every Texas county. A later contested or adverse action is $120.00 (§ 135.102(a)(2); § 133.151(a)(2)). The county's own documents disagree on the sheriff's posting charge, so confirm your total with the clerk at 806-329-3311. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
Is e-filing required for probate in Dawson County?
For attorneys, yes. The controlling Supreme Court of Texas order (Misc. Docket No. 13-9164, signed December 9, 2013) requires attorneys to e-file in probate cases in constitutional county courts, and the phase-in reached every Texas county by July 1, 2016. Filing is through eFileTexas.gov. Under the statewide rule an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Dawson County publishes no e-filing instructions of its own and no statement about whether it accepts paper or mailed filings from a self-represented filer, so call the County Clerk at 806-329-3311 and ask what the office will accept before you send anything.
What do I do with the original will in Dawson County?
If the application is e-filed, you attach a copy of the will and then get the wet-ink original to the County Clerk. The statewide rule is that when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)). Deliver or send it to 400 South 1st Street, Room 205, Lamesa, TX 79331, or P.O. Box 1268, Lamesa, TX 79331-1268. There is no electronic way to satisfy this, the clerk keeps the original in a numbered file folder (Rule 21(f)(13)), and a will filed with an application stays in the county clerk's custody (Estates Code § 256.053).
When are probate hearings in Dawson County, and can I appear remotely?
Dawson County publishes no probate docket day, no filing-to-hearing interval and no remote-appearance rule, so the setting is arranged with the County Clerk's office at 806-329-3311 and heard by the County Judge in Room 202. Do not treat the county's Court Hearings page as an answer: it lists district court settings and its most recent dockets are from 2021. Ask the clerk what the judge expects rather than assuming either an in-person or a video appearance.
Are there local probate forms in Dawson County?
No. Dawson County publishes no probate forms, no cover sheet and no small estate affidavit template, and Texas has no comprehensive statewide set of probate procedure forms either, so the application, the proof of death and other facts, the order, the oath and the inventory are drafted documents. What the county does publish is money detail: a three-page probate fee schedule and a wider general fee sheet, both effective January 1, 2022. The one statewide form you may need is the Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
How do I look up a Dawson County probate case online?
You cannot. Dawson County publishes no online probate case search and no online official records search; the only online service the County Clerk's page links is a portal for ordering birth, death and marriage certificates. Documents e-filed in a Dawson probate case may be reachable through the statewide re:SearchTX portal, which requires free registration and charges for documents, and which states that it supplies an unofficial copy and that the clerk of the court is the official custodian of the records. Coverage is set county by county and Dawson's is not published, so for a definitive answer call the Dawson County Clerk at 806-329-3311 or ask at the counter in Room 205.
What happens if someone contests the will in Dawson 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 Dawson County Court continues to manage the rest of the estate (§ 32.003(g)). The district court seated here is the 106th, which serves Dawson, Gaines, Garza and Lynn counties (Government Code § 24.208).
Do I have to travel to Lamesa to settle an estate in Dawson County?
Probably once or twice, but less than you might think. Applications can be filed electronically through eFileTexas.gov, and questions go to the County Clerk at 806-329-3311. Two things pull you toward the courthouse: the original will must reach the County Clerk within three business days of an e-filed application (Texas Rule of Civil Procedure 21(f)(12)), and the county publishes no remote-appearance rule for probate, so plan on attending the hearing unless the clerk tells you otherwise. If you are driving in, the counter is open Monday through Thursday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., and Friday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.
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.