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Hudspeth County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Hudspeth County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Because Hudspeth County has no statutory probate court and no county court at law, the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, contains no Hudspeth entry, and the county's own Government menu lists only the County Judge, Commissioners Court, the Justice of the Peace and three district courts. The County Judge is Joanna Mackenzie (verified July 2026), P.O. Box 68, Sierra Blanca, TX 79851, (915) 369-2321. The county publishes the County Court calendar online |
| Filing office | The Hudspeth County and District Clerk, who is the clerk of the county court (Texas Constitution article V, § 20). Hudspeth is one of the Texas counties where that is a single combined elected office: the county's page is headed "County and District Clerk" and its Government menu points both its County Clerk link and its District Clerk link at the same page. Government Code § 51.501(a) provides that a county with a population of less than 8,000 elects a single clerk to perform the duties of the district clerk and the county clerk, unless the voters keep the offices separate (§ 51.501(b)). Estates, wills and guardianships are filed on the county-clerk side of that one office. The clerk is Brenda Sanchez (verified July 2026), and the county's own staff list assigns County Court and probate matters to a named deputy clerk and office manager |
| Courthouse | Hudspeth County Courthouse, 109 Millican St, Sierra Blanca, TX 79851, the address the county publishes in the address block on every departmental page, including the clerk's, the County Judge's and all three district court pages. No room, suite or floor number is published for the clerk, so ask when you call. There is no branch, annex or satellite counter anywhere in the county that takes estate filings, including in Fort Hancock and Dell City |
| Mailing address | P.O. Box 58, Sierra Blanca, TX 79851, published on the clerk's page, in the County Directory and in the clerk's own How to File a Document sheet, which gives the block as P.O. Box 58, 109 Millican St., Sierra Blanca, Texas 79851. Mail is a real option here: the clerk's sheet says you may "walk in to the County Clerk's Office or mail in original documents with an acceptable form of payment to the main office", and asks for a self-addressed envelope or a cover letter giving the return address so originals can be sent back. Call before mailing an original will |
| Phone | (915) 369-2301, the Hudspeth County and District Clerk. This is the general clerk line and it is the only number the county publishes for the office; there is no separate probate desk or extension. The County Judge's office is (915) 369-2321. Remember that Hudspeth County is on mountain time |
| Fax | (915) 369-0055, published by the County and District Clerk |
| Office hours | Monday through Friday, 8:00 a.m. to 5:00 p.m., closed from 12:00 p.m. to 1:00 p.m., per the clerk's own page (verified July 2026). These are mountain time. The clerk also publishes reduced holiday hours and warns that hours may vary during elections, so check the clerk's page before driving to Sierra Blanca |
| Time zone | Mountain. Hudspeth County is one of only two Texas counties in the mountain time zone, along with El Paso County next door. The federal boundary between the central and mountain zones runs "westerly along the Texas-New Mexico boundary to the east line of Hudspeth County, Tex.; thence southerly along the east line of Hudspeth County, Tex., to the boundary between the United States and Mexico" (49 CFR 71.7(e)). Hudspeth and El Paso lie west of that line; Culberson County, immediately east, is on central time. The county does not print a time zone next to its hours, so a caller from central Texas should assume the counter opens an hour after their own 8:00 a.m. |
| Filing fee | $360 to open a probate case, which is the statewide statutory base fee and 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 effective January 1, 2022 and amended into their current form by S.B. 1612 effective January 1, 2024. On top of that 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 a constable charges a posting or service fee set by the commissioners court (§ 118.131). A later contested or adverse probate action is $120 (§ 135.102(a)(2); § 133.151(a)(2)). Hudspeth County publishes no probate fee schedule of its own, so confirm the all-in total with the clerk before you file. A filer who cannot afford the cost files a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145) |
| Local forms | None for probate. Texas has no comprehensive statewide set of probate procedure forms, and Hudspeth County publishes no probate form, no cover sheet, no checklist and no probate instruction sheet. The clerk's page carries a "Probate Division" heading with nothing published under it. The forms the county does publish, an assumed name certificate, a withdrawal of assumed name and a mark and brand application, belong to the Recording Division and have nothing to do with an estate. 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, permitted but not required for a self-represented filer, under the statewide rule; Hudspeth County publishes no e-filing instructions of its own. The Supreme Court of Texas order that governs is Misc. Docket No. 13-9164, which requires attorney e-filing in all non-juvenile civil cases, including probate cases, in the constitutional county courts, and whose phase-in reached every Texas county by July 1, 2016. Texas Rule of Civil Procedure 21(f)(1) is the other half: unrepresented parties may e-file but are not required to. Filing is through eFileTexas.gov. Because the county publishes nothing either way, call the clerk at (915) 369-2301 before attempting a paper or mailed filing |
| Case search | Yes, through a private vendor the clerk links, and no county-run portal. The clerk's page publishes an "iDocket Judicial Case Search" link and a free "County Court Calendar" for the Hudspeth County Court. iDocket's own Available Counties table lists Hudspeth County on the county-clerk side with probate case data reaching back to January 1, 2005. The case search itself requires a registered subscriber account. iDocket states in its own words that it "operates independently and is not an agent of any court, county, clerk or other entity" and that "there are no warranties made as to the accuracy, timeliness or completeness of the information". The clerk's other online search, the historic index books and land records covering 1884 to 1988, indexes deeds, not estates. Documents e-filed in a Hudspeth probate case may also 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 supplies an unofficial copy and that the clerk of the court is the official custodian. Coverage there is set county by county and Hudspeth's is not published |
| Remote appearance | Not published. Hudspeth County publishes nothing about telephone or video appearances in probate matters, and nothing about hearing days or docket times beyond the online County Court calendar. Ask the clerk at (915) 369-2301 what the County Judge expects before assuming a trip to Sierra Blanca can be avoided |
| Website | https://www.co.hudspeth.tx.us/page/County.District.Clerk (the Hudspeth County and District Clerk, with the hours, the fax, the divisions and the case-search links) and https://www.co.hudspeth.tx.us/page/CountyDirectory (the County Directory, which carries the mailing address for every county office). The County Court calendar is at https://online.idocket.com/courtcalendar/028/EK |
Before you begin — know the assets and liabilities
Before you file anything in Sierra Blanca, know what is actually in the estate and what it owes. Which Texas route fits, and whether an administration is needed at all, turns on whether there is a will, who the distributees are, what the assets are worth, and whether there are unpaid debts. Those routes are set by state statute and are the same in all 254 Texas counties; they are explained on the Texas state page. Getting the answer before your first filing matters more than usual in Hudspeth County, because the county publishes no probate instruction sheet, no checklist and no forms to correct a wrong assumption, and because Sierra Blanca is a long drive from almost anywhere. A wrong route means starting over.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Hudspeth 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. Ranch and desert acreage in this county is worth checking carefully, because land is often the largest thing in the estate and the deed records are what a title company will read. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for exactly this step, so that the application filed with the Hudspeth County and District Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Hudspeth County Courthouse at 109 Millican St in Sierra Blanca is the single probate filing location for the whole county. There is no branch, annex or satellite counter for estates: the County and District Clerk takes filings at the courthouse and by mail at P.O. Box 58, and the county court sits in the same building. The court serves every part of the county, including Sierra Blanca, Fort Hancock, Dell City and Desert Haven and the ranch country between them. Distances here are real, and the clerk's own How to File a Document sheet is written for people who will send documents rather than deliver them, so read it before you plan a trip.
Venue is straightforward for a Hudspeth 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 Hudspeth County, the case belongs in the Hudspeth County Court, even if they died in a hospital in El Paso, which is where many Hudspeth County residents are treated. 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. Hudspeth County has no statutory probate court and no county court at law, so the Hudspeth County Court, the constitutional county court, has original jurisdiction of probate proceedings (Estates Code § 32.002(a)), and the elected County Judge presides. Government Code Chapter 25 creates every statutory county court and statutory probate court in Texas and contains no Hudspeth entry at all, which is the definitive check, and the county's own Government menu agrees: it lists the County Judge, the Commissioners Court, the Justice of the Peace and the 34th, 205th and 394th District Courts, and no county court at law.
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 geography of that transfer route is worth knowing before you need it. Two judicial districts are composed of Hudspeth County by statute: the 205th Judicial District, made up of Culberson, El Paso and Hudspeth counties (Government Code § 24.384), and the 394th Judicial District, made up of Brewster, Culberson, Hudspeth, Jeff Davis and Presidio counties (§ 24.539). Neither judge sits in Hudspeth County: the county's own pages list the 205th District Court (Judge Francisco X. Dominguez, 500 E. San Antonio, Suite 1002, El Paso, (915) 546-2107) and the 394th District Court (Judge Monty Kimball, P.O. Box 1410, Alpine, (432) 837-5831), both verified July 2026. The county's site also carries a page for the 34th District Court in El Paso, but that district is composed of El Paso County only (§ 24.136), so a contested probate matter transferred under § 32.003(a)(2) goes to a district court of Hudspeth County, the 205th or the 394th. A transferred matter is still a Hudspeth County case, and the county's calendar page publishes settings for the county court and for the district courts it lists, but the judge hearing it is likely to be based hours away.
The jurisdiction process
- Confirm the route and gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the names and addresses of the people who inherit, and a list of assets and debts with values. A person named in a will to settle the estate is an executor; a person appointed by the court where there is no will, or where no named executor qualifies, is an administrator; the Texas Estates Code's umbrella term for either is personal representative.
- Draft the papers yourself or with an attorney. Texas has no comprehensive statewide set of probate procedure forms, and Hudspeth 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 Hudspeth County Court, the constitutional county court, and not in a probate court or a county court at law, because the county has neither.
- File with the Hudspeth County and District Clerk, on the county-clerk side of that combined office. Attorneys must e-file probate documents through eFileTexas.gov under the Supreme Court of Texas order Misc. Docket No. 13-9164, whose phase-in 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)). Hudspeth County publishes no e-filing instructions and no statement about paper or mailed filings in a probate matter, so call the clerk at (915) 369-2301 first and say plainly that you are opening an estate. If you are mailing anything, the clerk's own How to File a Document sheet asks for a self-addressed envelope or a cover letter giving the return address, and lists cashier's checks, business checks and money orders as acceptable payment.
- Watch the electronic filing clock, which runs on mountain time here. A document is filed on time if it is electronically filed at any time before midnight in the court's time zone on the filing deadline (Texas Rule of Civil Procedure 21(f)(5)). Hudspeth County is in the mountain zone (49 CFR 71.7(e)), so a Hudspeth deadline expires an hour after the same deadline in Austin or Houston. Do not rely on that hour, but do not let a filing service provider's central-time clock convince you that you are already late.
- Deliver the original will to the 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 the original will in a numbered file folder (Rule 21(f)(13)). Take or send the wet-ink original to the Hudspeth County and District Clerk, P.O. Box 58, 109 Millican St., Sierra Blanca, TX 79851. Because posting a will costs you the original if it goes astray, call the clerk before you mail it and ask how the office wants it sent.
- Pay the filing fee. The base fee to open a probate case is $360, set by statute and identical in every Texas county: $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 amended by S.B. 1612 effective January 1, 2024. Hudspeth County publishes no probate fee schedule, so ask the clerk for the current all-in figure, which will add the $8.00 citation issuance fee (Local Government Code § 118.059), any sheriff or constable posting or service charge set by the commissioners court (§ 118.131), and the electronic filing service provider's own charge. 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; the court must also waive the electronic filing fee for a person it determines is indigent (Government Code § 72.031(f)).
- Let the clerk set the hearing, and check the published calendar. Hudspeth County publishes no probate docket day and no self-scheduling portal, so the setting comes from the clerk's office and the County Judge. The county does publish a County Court calendar online, which is free to view and is the place to confirm a date once you have one. Ask the clerk what the next available setting looks like rather than assuming an interval, because none is published.
- Have the citation issued and posted. In Texas the clerk issues citation on an application to probate a will or for letters, and the sheriff or a constable posts it. Nothing is heard until the posting period has run and the return is on file, so build that into your timing, and confirm with the clerk who serves process in this county and what it costs.
- Attend the hearing in Sierra Blanca. Hudspeth County publishes nothing about telephone or video appearances in a probate matter, so plan on appearing in person at the courthouse at 109 Millican St unless the clerk tells you otherwise. Bring clean copies of everything you filed, a certified copy of the death certificate and your proposed order and oath, and ask the clerk in advance whether the County Judge wants proposed documents lodged beforehand or carried in, because the county publishes no instruction either way.
- Collect the letters. On an admitted will the court grants Letters Testamentary to a qualifying executor (Estates Code § 306.001); where there is no will, or no named executor qualifies, it grants Letters of Administration (§ 306.002). Each set costs $2.00 (Local Government Code § 118.061), so order enough for every bank, transfer agent and title company the estate has to deal with, and order them while you are at the counter rather than making a second trip to Sierra Blanca.
- 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 Hudspeth County and District Clerk. One local wrinkle on the creditor notice: if there is no newspaper of general circulation in the county, the notice must be posted and the return made and filed as otherwise required (§ 308.051(c)), so ask the clerk which newspaper the county court accepts before you buy a notice. 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 Hudspeth County
Hudspeth County publishes no local probate forms. There is no county application to probate a will, no county order, no county oath, no county cover sheet, no county small estate affidavit template and no probate checklist or instruction sheet. The clerk's page carries a "Probate Division" heading, but nothing is published beneath it. Every county page and document on the site was checked before stating that.
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). So the application, the proof of death and other facts, the proposed order, the oath and the inventory in a Hudspeth County estate are drafted documents. The one genuinely statewide procedural form a Hudspeth 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.
The forms the county does publish belong to the Recording Division and are not probate documents: an assumed name certificate, a withdrawal of an assumed name and a mark and brand application. The Recording Division is still worth knowing about, because two Texas probate routes end in the deed records rather than in the court file. An affidavit used to transfer title to a homestead under the small estate route must be recorded in the deed records of a county in which the homestead is located (Estates Code § 205.006(a)), and a will admitted as a muniment of title under chapter 257 is commonly recorded there too so a title company can find it. The clerk's published Fee Schedule, effective January 1, 2024, prices that recording at $25.00 for the first page and $4.00 for each additional page, with a certified copy at $5.00 for the certification plus $1.00 per page. Note the county's own recording notice: "Effective September 1, 2021 ... All Documents for filing in Public Records with the County Clerk's office will require government-issued photo identification from filers."
| Resource | What it provides |
|---|---|
| Hudspeth County and District Clerk (co.hudspeth.tx.us) | The filing office's own page: the P.O. Box 58 mailing address, the phone and fax, the Monday through Friday hours with the noon to 1:00 p.m. closure, the holiday hours, the staff list and the case-search links. It carries a Probate Division heading with no content published under it |
| How to File a Document (co.hudspeth.tx.us) | The clerk's own two-page filing sheet. It is written for the Recording Division rather than for probate, but it is the only filing instruction the county publishes: walk in or mail originals to P.O. Box 58, include a self-addressed envelope or a cover letter with the return address, and pay by cashier's check, business check or money order |
| County Clerk Fee Schedule, effective January 1, 2024 (co.hudspeth.tx.us) | The county's only published fee schedule. It covers the Recording Division: real property recording at $25.00 for the first page and $4.00 for each additional page, federal tax liens, plats, certified copies at $5.00 certification plus $1.00 per page, and electronic copies. It contains no probate filing-fee line, so it does not answer what an estate costs to open |
| Hudspeth County Court calendar (online.idocket.com) | The court calendar the county links from its County Judge page and its clerk page. Free to view with no sign-in, with a court selector covering the Hudspeth County Court and the district courts the county lists |
| 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 |
Local nuance
Hudspeth County-specific considerations
One officer, two clerkships, one counter. Hudspeth County elects a single County and District Clerk: the county's page is headed that way, and its Government menu points both the County Clerk link and the District Clerk link at the same page, with the same officer, the same post office box, the same phone and the same fax. That is the arrangement Government Code § 51.501(a) provides for, under which a county with a population of less than 8,000 elects a single clerk to perform the duties of the district clerk and the county clerk, unless the voters vote to keep the offices separate (§ 51.501(b)). The practical effect is reassuring rather than complicated, because you cannot walk into the wrong clerk's office in Sierra Blanca. But say plainly that you are opening an estate, so the filing is docketed on the county-court side, and note one detail that flows from the joint clerkship: a certified copy issued by a joint clerk's office must carry the clerk's signature or initials, the court's seal or a unique document certification on every page, plus the clerk's attestation, the page count and the issue date on the last page (Government Code § 51.503, added effective December 4, 2025). Order certified letters and orders with that in mind if a bank or title company is fussy.
Mountain time is not a curiosity here, it is a filing fact. Hudspeth is one of only two Texas counties in the mountain time zone, with El Paso County. The federal rule places the central and mountain boundary "southerly along the east line of Hudspeth County, Tex., to the boundary between the United States and Mexico" (49 CFR 71.7(e)), which puts Hudspeth west of the line and Culberson County, its neighbor to the east, on central time. Two consequences. The clerk's counter hours of 8:00 a.m. to 5:00 p.m. with a noon closure are mountain hours, so a caller in Austin should not phone at 8:05 a.m. and conclude the office is shut. And an electronic filing is timely if it is filed before midnight in the court's time zone on the filing deadline (Texas Rule of Civil Procedure 21(f)(5)), which in a Hudspeth County case means midnight mountain time. The county publishes no time-zone statement of its own next to its hours, so this comes from the federal regulation.
The county publishes almost nothing about probate, and that is the single most important thing to plan around. The clerk's page has a Probate Division heading with an empty body. There is no probate instruction sheet, no probate fee line, no probate form, no local probate rule and no docket day published anywhere on the county's site, and no e-filing statement of any kind: the words e-file and e-filing do not appear on the clerk's page or the county homepage. Nothing about that is unusual for a county this size, and none of it means the office cannot help you. It does mean that the phone call to (915) 369-2301 before your first filing is not optional here, and that anything you read on a commercial court-directory site about Hudspeth probate procedure is not coming from the county.
There is a real online case search, and it is not the county's. The clerk links an iDocket Judicial Case Search, and iDocket's own Available Counties table shows Hudspeth County probate data on the county-clerk side reaching back to January 1, 2005, which is deeper than most small Texas counties offer. Two caveats before relying on it. The search itself requires a subscriber account, and iDocket says in its own words that it "operates independently and is not an agent of any court, county, clerk or other entity", with "no warranties ... as to the accuracy, timeliness or completeness of the information". The free part is the County Court calendar, which anyone can open without signing in. Do not confuse either with the clerk's historic index books and land records search, which covers 1884 to 1988 and indexes deeds, not estates.
A contest leaves the county, in practice if not in name. Hudspeth County has no statutory probate court and no county court at law, so the Hudspeth County Court hears the estate (Estates Code § 32.002(a)) and the County and District Clerk takes the filing. If a matter becomes contested, the County Judge may on the judge's own motion, and shall on the motion of any party, either request the assignment of a statutory probate court judge or transfer the contested matter to the district court (§ 32.003(a)). The district courts composed of Hudspeth County are the 205th, chambered at 500 E. San Antonio in El Paso, and the 394th, chambered in Alpine (Government Code §§ 24.384, 24.539); the 34th District Court, which the county's site also lists, is composed of El Paso County only (§ 24.136). Either way a contested matter will be heard by a judge whose office is well outside the county. Even then the Hudspeth County Court keeps the management of the rest of the estate until the contested matter is finally disposed of (§ 32.003(g)).
Mail is a normal way to deal with this office, and the clerk has written down how. The How to File a Document sheet tells filers they may "walk in to the County Clerk's Office or mail in original documents with an acceptable form of payment to the main office at PO Box 58 Sierra Blanca, Texas 79851", says the office will mail the original back once processed, and asks for a self-addressed envelope or a cover letter giving the preferred return address. It lists cashier's checks, business checks and money orders payable to the Hudspeth County Clerk. That sheet is written for recording rather than for estates, so confirm the payment and return arrangements for a probate filing when you call, and never put an original will in the mail without speaking to the clerk first.
Recent updates
| Change | What it means in Hudspeth County |
|---|---|
| County Clerk Fee Schedule, effective January 1, 2024 | The county's only published fee schedule, signed by the County Clerk. It prices the Recording Division: $25.00 for the first page of a real property recording and $4.00 for each additional page, $30.00 for a federal tax lien, $95.00 for a plat, and a certified copy at $5.00 for the certification plus $1.00 per page. It contains no probate filing-fee line, so the cost of opening an estate still comes from the statewide statutory base of $360 (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus whatever citation and posting charges the clerk quotes |
| Photo identification required for public records filings, effective September 1, 2021 | The clerk's Recording Division notice states: "Effective September 1, 2021 ... All Documents for filing in Public Records with the County Clerk's office will require government-issued photo identification from filers." It reaches an estate whenever a document goes into the deed records rather than the court file, such as an affidavit transferring a homestead under Estates Code § 205.006(a) |
| Certified copies from a joint clerk's office, effective December 4, 2025 | Because Hudspeth elects a single County and District Clerk (Government Code § 51.501(a)), a new provision applies here that does not apply in counties with separate clerks: a certified copy must carry, on each page, the clerk's signature or initials, the court's seal or a unique document certification and page number, and on the final page the clerk's attestation, the number of pages and the date of issue (Government Code § 51.503, added by Acts 2025, 89th Legislature, 2nd Called Session). Worth knowing when a bank or title company rejects a copy |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Hudspeth County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Sierra Blanca or Fort Hancock 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 Hudspeth County Court, the constitutional county court (Estates Code § 32.002(a)), filing with the Hudspeth County and District Clerk at 109 Millican St or P.O. Box 58. An attorney must e-file through eFileTexas.gov; a spouse filing alone may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)), and because the county publishes no instruction either way, call (915) 369-2301 first. The wet-ink original will follows to the clerk within three business days of the application (Rule 21(f)(12)). Budget the $360 statutory base (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus citation and posting charges the clerk will quote. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Hudspeth County filing, drafted to name the county court correctly, which matters in a county with no probate court and no county court at law. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Most of this can be done from a distance, and Hudspeth is set up for it: the clerk publishes a mailing route and asks for a self-addressed envelope so originals come back. Attorneys 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)). Whether a court filing is needed at all depends on the assets and whether there is a will, and those routes are statewide. Three things still tie the case to Sierra Blanca: the original will must reach the clerk within three business days of the application (Rule 21(f)(12)), the hearing has no published remote alternative, and every clock in the case runs on mountain time (49 CFR 71.7(e); Rule 21(f)(5)), which is one hour behind the rest of Texas. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a flight to El Paso. Packet generation so the filing is accepted the first time in a county that publishes no forms to copy. Attorney referral where an in-person hearing in Sierra Blanca makes West Texas 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 Hudspeth County Court. The parent applies with the Hudspeth County and District Clerk, the clerk issues citation and the sheriff or a constable posts it, and at the hearing the court appoints the personal representative and grants Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001). Order the letters at the counter at $2.00 each (Local Government Code § 118.061), because the title company will want a recent set, and ask for certified copies with the joint clerk's certification on every page (Government Code § 51.503). The inventory follows, filed with the clerk before the 91st day after the representative qualifies (§ 309.051(a)). If the sale involves county land, the deed goes into the Recording Division's records at the fees on the county's January 1, 2024 schedule. | Asset discovery for the child's accounts, insurance and real property, including out-of-county parcels. 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 a district court whose judge sits in El Paso or Alpine (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| Hudspeth County and District Clerk (co.hudspeth.tx.us), (915) 369-2301 | The filing office for estates in Hudspeth County: the P.O. Box 58 mailing address, the 109 Millican St courthouse, the Monday through Friday hours from 8:00 a.m. to 5:00 p.m. with the noon to 1:00 p.m. closure, the holiday hours, the fax and the case-search links. Clerk staff can explain procedure and what the counter needs, and the county quotes the rule that binds them: a county and district clerk "is not authorized to provide legal advice, perform services requiring legal expertise, or assist in the preparation of legal documents" |
| How to File a Document (co.hudspeth.tx.us) | The clerk's own filing sheet, written for recording but the only filing instruction the county publishes: mail or walk in originals to P.O. Box 58, include a self-addressed envelope or a return-address cover letter, and pay by cashier's check, business check or money order |
| Hudspeth County Court calendar (online.idocket.com) | The free court calendar the county links from its clerk page and its County Judge page, covering the Hudspeth County Court and the district courts the county lists. No sign-in required |
| Hudspeth County Directory (co.hudspeth.tx.us) | The county's own contact list for every office, including the County Judge, the clerk and the sheriff, each with a mailing address and a phone number. Useful because almost every Hudspeth County office publishes a post office box rather than a street address |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where an attorney files a Hudspeth County probate application, and where a self-represented 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 Hudspeth County and District Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation |
| TexasCourtHelp.gov | General information and videos about making your way through the Texas court system, published by the Texas Judicial Branch |
| 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 |
| Texas RioGrande Legal Aid (trla.org), (956) 996-8752 or toll free (833) 329-8752 | Free civil legal help for eligible low-income residents. TRLA names Hudspeth in its own 68-county service list, and its nearest office is in El Paso at 1331 Texas Ave. Phone lines are open weekdays 9:00 a.m. to 5:00 p.m. Central, which is 8:00 a.m. to 4:00 p.m. in Hudspeth County. Confirm it can take a decedent's estate matter 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, which is 7:30 a.m. to 3:30 p.m. in Hudspeth County. 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 Hudspeth County; the nearest listed is the El Paso County Law Library, 500 E. San Antonio, Suite 1202, El Paso, Texas 79901, (915) 546-2245. 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
An uncontested Hudspeth County estate can be handled without a lawyer, and many are. Counsel earns its keep here when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when ranch or desert real property 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, Hudspeth County publishes no probate forms, no instruction sheet and no local rules, so every document is drafted from scratch with nothing local to copy. Second, the contested-matter route sends the case to a judge elsewhere: 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. Third, distance is a cost of its own in a county this size, and a lawyer who already appears in Sierra Blanca and El Paso saves trips. The clerk's office is bound by the rule the county quotes on its own page, that a county and district clerk is not authorized to provide legal advice or assist in preparing legal documents. Sunset can connect families to a vetted Texas probate attorney serving Hudspeth County and far West Texas.
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, Hudspeth County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Sierra Blanca.
Generate the probate packet. Sunset assembles the paperwork for your route, drafted to name the Hudspeth County Court correctly and to reach the Hudspeth County and District Clerk in a county that publishes no forms or instruction sheet of its own, ready to file or to mail.
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 Hudspeth County and far West Texas.
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 Hudspeth County?
With the Hudspeth County and District Clerk at the Hudspeth County Courthouse, 109 Millican St, Sierra Blanca, TX 79851, or by mail at P.O. Box 58, Sierra Blanca, TX 79851. Hudspeth elects one combined clerk for both clerkships (Government Code § 51.501(a)), and an estate is filed on the county-clerk side of that office. The case is heard by the Hudspeth County Court, the constitutional county court, presided over by the elected County Judge, because Hudspeth County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Hudspeth County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Is Hudspeth County on mountain time, and does that affect a filing deadline?
Yes to both. Hudspeth is one of only two Texas counties in the mountain time zone, along with El Paso County. The federal boundary between the central and mountain zones runs south along the east line of Hudspeth County to the Mexican border (49 CFR 71.7(e)), which puts Hudspeth west of the line while Culberson County, immediately east, is on central time. It matters for two things. The clerk's published hours of 8:00 a.m. to 5:00 p.m., closed from 12:00 p.m. to 1:00 p.m., are mountain hours. And an electronically filed document is timely if it is filed before midnight in the court's time zone on the filing deadline (Texas Rule of Civil Procedure 21(f)(5)), so a Hudspeth County deadline expires an hour after the same deadline in the rest of Texas. The county does not print a time zone next to its hours.
Is e-filing required for probate in Hudspeth County?
For attorneys, yes; for a person filing without a lawyer, no. Hudspeth County publishes no e-filing instructions at all, so the statewide rules govern. The Supreme Court of Texas order Misc. Docket No. 13-9164 requires attorneys to e-file in all non-juvenile civil cases, including probate cases, in the constitutional county courts, and its phase-in reached every Texas county by July 1, 2016. Texas Rule of Civil Procedure 21(f)(1) provides that unrepresented parties may e-file but are not required to. Filing is through eFileTexas.gov. Because the county says nothing about whether it will take a paper or mailed probate filing, call the clerk at (915) 369-2301 and ask before you send anything.
What do I do with the original will in Hudspeth County?
You e-file or lodge a copy of the will with the application, 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 keep the original will in a numbered file folder (Rule 21(f)(13)). Deliver or send it to the Hudspeth County and District Clerk, P.O. Box 58, 109 Millican St., Sierra Blanca, TX 79851. There is no electronic way to satisfy this, and because a lost original cannot be replaced, call (915) 369-2301 before mailing it.
How much does it cost to file probate in Hudspeth County?
$360 to open the case. That is the statewide statutory base fee and 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 amended by S.B. 1612 effective January 1, 2024. On top of that, citation issuance is $8.00 (§ 118.059), each set of Letters Testamentary or Letters of Administration is $2.00 (§ 118.061), the sheriff or constable posting or service charge is set by the commissioners court (§ 118.131), and a later contested or adverse probate action is $120 (§ 135.102(a)(2); § 133.151(a)(2)). Hudspeth County publishes no probate fee schedule, so ask the clerk for the all-in figure. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
Does Hudspeth County publish a probate fee schedule?
No. The county publishes one Fee Schedule, effective January 1, 2024 and signed by the County Clerk, and it is the Recording Division's: real property recording at $25.00 for the first page and $4.00 for each additional page, federal and state tax liens, plats, beer and wine licenses, assumed names, brands, and copies, with a certified copy at $5.00 for the certification plus $1.00 per page. There is no probate filing-fee line anywhere in it. That schedule still matters to an estate, because an affidavit transferring a homestead under the small estate route must be recorded in the deed records (Estates Code § 205.006(a)), and a will admitted as a muniment of title under chapter 257 is usually recorded there as well.
Are there local probate forms in Hudspeth County?
No. Hudspeth County publishes no probate forms, no cover sheet, no small estate affidavit template, no checklist and no probate instruction sheet, and the clerk's page carries a Probate Division heading with nothing published under it. 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. The forms the county does publish, an assumed name certificate, a withdrawal of assumed name and a mark and brand application, belong to the Recording Division.
How do I look up a Hudspeth County probate case online?
The clerk links an iDocket Judicial Case Search from its own page, and iDocket's Available Counties table shows Hudspeth County probate data on the county-clerk side reaching back to January 1, 2005. The search requires a subscriber account, and iDocket states that it "operates independently and is not an agent of any court, county, clerk or other entity" and makes no warranty of accuracy, timeliness or completeness. The county also links a free County Court calendar through the same vendor, which anyone can open without signing in. Documents e-filed in a Hudspeth probate case may additionally 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. Do not confuse any of these with the clerk's historic index books and land records search, which covers 1884 to 1988 and indexes deeds. For a definitive answer, call the clerk at (915) 369-2301.
When are probate hearings in Hudspeth County, and can I appear remotely?
Hudspeth County publishes no probate docket day, no docket start time and no filing-to-hearing interval, and it publishes nothing about telephone or video appearances. What it does publish is an online County Court calendar, free to view, which is where to confirm a setting once the clerk gives you one. Ask the clerk at (915) 369-2301 what the next available setting looks like and whether the County Judge will hear anything remotely, rather than assuming either. Remember that any time you are quoted is mountain time.
What happens if someone contests the will in Hudspeth 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 Hudspeth County Court continues to manage the rest of the estate (§ 32.003(g)). The district courts composed of Hudspeth County are the 205th, chambered in El Paso (Government Code § 24.384), and the 394th, chambered in Alpine (§ 24.539); the 34th District Court, which the county's site also lists, is composed of El Paso County only (§ 24.136).
Do I have to travel to Sierra Blanca to settle an estate in Hudspeth County?
Less than you might expect for the paperwork, and probably yes for the hearing. The clerk publishes a mailing route in its own How to File a Document sheet, tells filers to include a self-addressed envelope or a return-address cover letter so originals come back, and takes cashier's checks, business checks and money orders. Attorneys file electronically through eFileTexas.gov and an unrepresented party may do the same (Texas Rule of Civil Procedure 21(f)(1)). Two things still tie the case to the county: the original will must reach the clerk within three business days of the application (Rule 21(f)(12)), and no remote appearance option is published for a probate hearing. The counter is open Monday through Friday, 8:00 a.m. to 5:00 p.m. mountain time, closed from 12:00 p.m. to 1:00 p.m., with reduced holiday hours the clerk publishes on its page.
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.