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Nolan County, TX Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Two courts share concurrent original probate jurisdiction for Nolan County: the Nolan County Court, the constitutional county court, and the 1st Multicounty Court at Law of Fisher, Mitchell and Nolan Counties, for which Nolan County is the administrative county (Government Code §§ 25.2701, 25.2702(c-1); Estates Code § 32.002(b)). Judge David Hall presides over the 1st Multicounty Court at Law (verified August 2026) |
| Filing office | The Nolan County Clerk, whichever court eventually dockets the matter. Government Code § 25.2702(e) gives the district clerk the county court at law's cases of concurrent jurisdiction with the district court, and "the county clerk serves as clerk of the county court at law in all other cases," which is where routine probate filings fall |
| Courthouse | Nolan County Courthouse, 100 East Third Street, Suite 108, Sweetwater, TX 79556, per the County Clerk's own page. The 1st Multicounty Court at Law's judge sits at Suite 107 of the same building |
| Mailing address | None separately published; mail to the street address above |
| Phone | (325) 235-2462, the Nolan County Clerk |
| Fax | (325) 235-4635 |
| Office hours | Monday through Friday, 8:30 a.m. to 5:00 p.m., per the County Clerk's own page, which also states that documents and issuances are not processed after 4:30 p.m. (verified August 2026) |
| Filing fee | $360.00 to open a probate case, per the County Clerk's own Probate Fee Schedule, posted June 2026: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)). The county's own schedule adds an $8.00 issuing-document fee and a $45.00 sheriff posting fee where a citation must be posted. Confirm the current total with the County Clerk |
| Local forms | None. Texas has no comprehensive statewide set of probate procedure forms, and Nolan County publishes no probate application, order, oath or small estate affidavit template of its own |
| E-filing | Mandatory for attorneys statewide since July 1, 2016 at the latest (Misc. Docket No. 13-9164; Texas Rule of Civil Procedure 21(f)(1)). Nolan County publishes no county-specific e-filing notice or effective date of its own. An unrepresented party may e-file but is not required to |
| Case search | Nolan County runs its own online records portal, powered by Local Government Solutions, which the county describes in its own words: "Nolan County Judicial Records are searchable from 2000 forward and are index only." Property records are separately searchable from sovereignty with images. Documents e-filed in a Nolan probate case may also be reachable through the statewide re:SearchTX portal |
| Remote appearance | The 1st Multicounty Court at Law's own page publishes court live streaming and instructions for using Zoom for remote court appearances, without stating this applies to probate hearings specifically. Ask the court coordinator, 325-235-2353 |
| Website | https://www.co.nolan.tx.us/page/nolan.County.Clerk (the Nolan County Clerk) and https://www.co.nolan.tx.us/page/nolan.ccl (the 1st Multicounty Court at Law). The county's probate fee schedule is at https://www.co.nolan.tx.us/upload/page/0491/New%20Fee%20Sheets%20062026.pdf |
Before you begin — know the assets and liabilities
Before you file anything in Sweetwater, 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 right before your first filing matters here because Nolan County shares its statutory county court with two neighboring counties, so knowing which office actually takes your paperwork, the Nolan County Clerk, avoids a misdirected filing.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle and parcel of Nolan 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 either Nolan 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 Nolan County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Nolan County Courthouse at 100 East Third Street in Sweetwater is the single probate filing location for Nolan County residents. The County Clerk's office, Suite 108, takes filings regardless of which of the two courts ultimately hears the matter. The court serves every part of Nolan County, including Sweetwater, Roscoe and the surrounding West Texas ranch land. Nolan County residents never file in Fisher or Mitchell County, even though those two counties share the same statutory county court with Nolan.
Venue is straightforward for a Nolan 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)). 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)).
Nolan County is one of six Texas counties served by a multicounty statutory county court, and it is the administrative county for its court. Government Code § 25.2701, verbatim: "Fisher, Mitchell, and Nolan Counties have a multicounty statutory county court composed of those counties, the 1st Multicounty Court at Law." Government Code § 25.2702(c-1): "Nolan County is the administrative county for the 1st Multicounty Court at Law." Because Nolan County has no statutory probate court, both the 1st Multicounty Court at Law and the Nolan County Court, the constitutional county court, have concurrent original probate jurisdiction under Estates Code § 32.002(b) and Government Code § 25.0003(d). Neither court displaces the other, and the administrative-county designation is about court administration, not about where a Nolan County resident's own filing goes.
Filing still means the Nolan County Clerk, not the district clerk and not an office in Fisher or Mitchell County. Government Code § 25.2702(e), the 1st Multicounty Court at Law's own clerk provision, verbatim: "The district clerk serves as clerk of the county court at law in matters of concurrent jurisdiction with the district court, and the county clerk serves as clerk of the county court at law in all other cases." Probate is never a matter of concurrent district-court jurisdiction at the original-filing stage, so it falls into the "all other cases" bucket and stays with the county clerk of whichever county the filer lives in. A Nolan County resident files with the Nolan County Clerk in Sweetwater.
If a matter in the proceeding becomes contested, the transfer route is the shared county court at law, not the district court, because Nolan County has a county court at law exercising original probate jurisdiction. Estates Code § 32.004(a), verbatim: "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, transfer the contested matter to the county court at law. In addition, the judge of the county court ... may transfer the entire proceeding to the county court at law." This page never cites § 32.003, which applies only to counties with no county court at law exercising original probate jurisdiction.
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 Nolan 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.
- E-file the application through eFileTexas.gov if you are represented by an attorney; attorneys must e-file in probate matters statewide (Texas Rule of Civil Procedure 21(f)(1)). An unrepresented party may e-file but is not required to; confirm with the Nolan County Clerk, (325) 235-2462, before filing on paper.
- 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 County Clerk, 100 East Third Street, Suite 108, Sweetwater, TX 79556.
- Pay the filing fee. Nolan County's own Probate Fee Schedule prices the base opening at $360.00, the statewide statutory figure, with an $8.00 issuing-document fee and a $45.00 sheriff posting fee added where a citation needs to be posted. 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.
- Have the citation issued and posted. Nolan's own schedule prices issuing a document such as a citation at $8.00 (Local Government Code § 118.052(3)(A); § 118.059) and sheriff posting at $45.00 (§ 118.131). Nothing is heard until the posting period has run and the return is on file.
- Attend the hearing before whichever court, the Nolan County Court or the 1st Multicounty Court at Law, is docketing the matter. The 1st Multicounty Court at Law's own page publishes live streaming and Zoom instructions for remote court appearances; Nolan County does not state that this applies to probate matters specifically, so confirm with the court coordinator, 325-235-2353, before planning on a remote appearance.
- 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). Nolan's fee schedule prices each set at $2.00 (Local Government Code § 118.052(3)(D)), so order enough for every bank, transfer agent and title company the estate has to deal with.
- Administer the estate and file what the statute requires. 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)), apply the same way in every Texas county. File them with the Nolan County Clerk. A LATE inventory, filed after the 90th day, carries a $25.00 fee under Nolan's own schedule (Local Government Code § 118.056(d)); a timely inventory carries no clerk fee. 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 Nolan County
Nolan County publishes no local probate forms. There is no county application to probate a will, no county order, no county oath 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) (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 Nolan County estate are drafted documents.
What Nolan County does publish, and what is useful here, is a dollar-itemized Probate Fee Schedule under the County Clerk's own name, posted June 2026 alongside the county's other fee sheets and reissued periodically; the schedule itself prints no effective date.
| Resource | What it provides |
|---|---|
| Nolan County Clerk's Probate Fee Schedule (co.nolan.tx.us) | The county's own itemized fee document, including the $360.00 probate consolidated base, an $8.00 issuing-document fee, a $45.00 sheriff posting fee, letters, wills for safekeeping, and the late-only inventory fee |
| 1st Multicounty Court at Law (co.nolan.tx.us) | The shared court's own page naming the presiding judge, court coordinator, and live-streaming and Zoom instructions |
| 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
Nolan County publishes its probate costs in a dollar-itemized Probate Fee Schedule, posted June 2026 with no effective date printed on the schedule itself, and the base figures match the statutory amounts exactly.
| Item | Amount | Authority or source |
|---|---|---|
| Opening a probate, guardianship or mental health case (base) | $360.00 | Nolan County Clerk's Probate Fee Schedule: the $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus the $137 state consolidated fee (§ 133.151(a)(1)) |
| Issuing a document (citation, notice, writ, process, or other) | $8.00 | Nolan's own schedule, Local Government Code § 118.052(3)(A); § 118.059(c) |
| Sheriff posting fee | $45.00 | Nolan's own schedule, Local Government Code § 118.131 |
| Letters (Testamentary, Guardianship, or Administration) | $2.00 each | Nolan's own schedule, Local Government Code § 118.052(3)(D) |
| Deposit and safekeeping of wills | $5.00 | Nolan's own schedule, Local Government Code § 118.052(3)(E) |
| Inventory, appraisement and list of claims, filed after the 90th day | $25.00 | Nolan's own schedule, Local Government Code § 118.052(2)(A)(i); § 118.056(d), applicable only to a late filing; a timely inventory carries no clerk fee |
| Annual or final account | $25.00 | Nolan's own schedule, Local Government Code § 118.052(2)(A)(iv) |
| Claims against estate | $10.00 | Nolan's own schedule, Local Government Code § 118.052(2)(B) |
| Later contested or adverse probate action | $120.00 | $75 under Local Government Code § 135.102(a)(2) plus $45 under § 133.151(a)(2) |
| Judge's signature (per signature) | $2.00 | Nolan's own schedule, Local Government Code § 118.101 |
| 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 $360.00 base is fixed by statute and identical in all 254 Texas counties. Confirm the current total, including any citation or posting charge, with the Nolan County Clerk before you file.
Local nuance
Nolan County-specific considerations
Nolan County shares its statutory county court with two neighbors, but nothing about where you file changes because of it. The 1st Multicounty Court at Law of Fisher, Mitchell and Nolan Counties sits in the same Nolan County Courthouse where the constitutional county court sits, and Nolan County is the court's administrative county (Government Code § 25.2702(c-1)). A Nolan County resident always files with the Nolan County Clerk in Sweetwater; a Fisher or Mitchell County reader should look at that county's own page rather than file here.
The shared court publishes a remote-appearance option, which is unusual for a county this size. The 1st Multicounty Court at Law's own page offers court live streaming and instructions for using Zoom for remote appearances, though its own linked consent forms are labelled for criminal matters, so confirm with the court coordinator, 325-235-2353, whether a probate hearing can be attended remotely before counting on it.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Nolan County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Sweetwater-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 neither Nolan County court is involved in the house itself. Where other assets stood in the decedent's sole name, the spouse applies with the Nolan County Clerk, budgeting the $360.00 statutory base plus an $8.00 issuing fee and a $45.00 posting fee where needed, per the County Clerk's own schedule, and delivers the wet-ink original will within three business days if the application is e-filed (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 Nolan County filing. A vetted attorney referral if title or a claim turns out to be disputed. |
| Out-of-state adult child, small estate | Most of this can be done from out of state. Attorneys must e-file through eFileTexas.gov; an unrepresented party may e-file but is not required to under Texas Rule of Civil Procedure 21(f)(1), so call the Nolan County Clerk, (325) 235-2462, before trying to file on paper. Two things still require a physical connection to Sweetwater: the original will must reach the County Clerk within three business days of an e-filed application, and any hearing requires confirming with the court coordinator whether the county's published Zoom option covers a probate matter. | Asset discovery to size the estate from out of state and confirm which route fits before anyone books a trip. Packet generation so the filing is accepted the first time. Attorney referral where local counsel can appear in person if a remote hearing is not available. |
| 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 Nolan County. The parent applies with the Nolan County Clerk, budgets the $360.00 base plus an $8.00 issuing fee and $45.00 posting where needed, and once appointed receives Letters of Administration (Estates Code § 306.002), or Letters Testamentary if there is a will (§ 306.001), at $2.00 each. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)), with no fee if it is timely under Nolan's own schedule. | Asset discovery for the child's accounts, insurance 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 transfers to the 1st Multicounty Court at Law (Estates Code § 32.004). |
Self-help resources
| Resource | What it offers |
|---|---|
| Nolan County Clerk (co.nolan.tx.us), (325) 235-2462 | The filing office for estates in Nolan County: hours, the probate fee schedule, and the county's own online records search. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| 1st Multicounty Court at Law (co.nolan.tx.us), 325-235-2353 | The shared court's own page naming the presiding judge and the court coordinator, and describing live streaming and Zoom instructions for remote appearances |
| Nolan County Online Records Search (public.lgsonlinesolutions.com) | The county's own case-search portal. Property records are searchable from sovereignty with images; the county states plainly that judicial records, including probate, are searchable only from 2000 forward and are index only, with no document images |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Nolan County probate application is filed by an attorney |
| 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 Nolan County Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation |
| 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, and named directly on the Nolan County Clerk's own self-help resources list. Useful for orientation; it is not a court site and its materials are not court-approved forms |
| Legal Aid of NorthWest Texas (legalaidtx.org) | Free civil legal help for eligible low-income residents, named directly on the Nolan County Clerk's own self-help resources list. Confirm it can take a decedent's estate matter and find the nearest office 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, and named directly on the Nolan County Clerk's own self-help resources list. 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. No Nolan County law library is listed; contact a nearby library directly about public access |
| Texas Government Code (statutes.capitol.texas.gov) | The statute itself, including the multicounty court provisions in Chapter 25, Subchapter F |
| Texas Estates Code (statutes.capitol.texas.gov) | Court structure 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 Nolan County estates are handled without a lawyer. Counsel earns its keep when a will or an appointment is likely to be challenged, when there is no will and the heirs have to be determined, when real property 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. Nolan County's shared-court structure is worth understanding with an attorney's help: the 1st Multicounty Court at Law of Fisher, Mitchell and Nolan Counties and the Nolan County Court have concurrent original probate jurisdiction, and if a matter becomes contested it transfers to the county court at law rather than to a district court (Estates Code § 32.004(a)). Nolan County publishes no probate forms at all, so every document is drafted from scratch. Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Nolan County.
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, Nolan County real property and unclaimed property, so you know what the estate holds and which estate settlement route fits before anything is filed in Sweetwater.
Generate the probate packet. Sunset assembles the paperwork for your route, ready to file with the Nolan County Clerk.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Texas probate attorney serving Nolan 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 Nolan County?
With the Nolan County Clerk at the Nolan County Courthouse, 100 East Third Street, Suite 108, Sweetwater, TX 79556. File in Nolan County if the decedent lived here and had a domicile or fixed place of residence in Texas (Estates Code § 33.001(a)(1)). Never file in Fisher or Mitchell County merely because they share a court with Nolan County.
What is the 1st Multicounty Court at Law, and does it change where I file?
It is a single statutory county court shared by Fisher, Mitchell and Nolan Counties (Government Code § 25.2701), for which Nolan County is the administrative county (§ 25.2702(c-1)). It has concurrent original probate jurisdiction with the Nolan County Court (Estates Code § 32.002(b)), but filings still go to the county clerk of whichever of the three counties the filer lives in. A Nolan County resident always files with the Nolan County Clerk in Sweetwater.
Is e-filing required for probate in Nolan County?
For attorneys, yes, statewide, since July 1, 2016 at the latest (Misc. Docket No. 13-9164). Nolan County publishes no county-specific e-filing notice. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); call the County Clerk, (325) 235-2462, before filing on paper.
What do I do with the original will in Nolan County?
Get the wet-ink original to the County Clerk within three business days of e-filing the application. 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 100 East Third Street, Suite 108, Sweetwater, TX 79556.
Can I appear remotely for a probate hearing in Nolan County?
The 1st Multicounty Court at Law's own page publishes court live streaming and instructions for using Zoom for remote court appearances, but does not state whether that option covers probate matters specifically. Confirm with the court coordinator, 325-235-2353, before counting on a remote appearance.
How much does it cost to file probate in Nolan County?
$360.00 to open the case, which is the statewide statutory base fee: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (§ 133.151(a)(1)). Nolan County's own schedule adds an $8.00 issuing-document fee and a $45.00 sheriff posting fee where needed. Letters cost $2.00 each, and a later contested or adverse probate action is $120.00. If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
Are there local probate forms in Nolan County?
No. Nolan County publishes no probate application, order, oath or small estate affidavit template, and Texas has no comprehensive statewide set of probate procedure forms either, so those documents are drafted by you or your attorney. The county does publish a detailed, dollar-itemized Probate Fee Schedule, which is worth reading before you file.
How do I look up a Nolan County probate case online?
Nolan County's own online records portal states that judicial records, including probate, are searchable from 2000 forward and are index only, meaning no document images. Documents e-filed in a Nolan probate case may also be reachable through the statewide re:SearchTX portal, which requires free registration and charges for documents. For a definitive answer, call the Nolan County Clerk at (325) 235-2462.
What happens if someone contests the will in Nolan County?
Because Nolan County has a county court at law exercising original probate jurisdiction, a contested matter transfers there rather than to the district court. Estates Code § 32.004(a): "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, transfer the contested matter to the county court at law. In addition, the judge of the county court ... may transfer the entire proceeding to the county court at law." For Nolan County, that means the 1st Multicounty Court at Law of Fisher, Mitchell and Nolan Counties.
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.