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Reagan County, TX Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Reagan County Court, the constitutional county court, presided over by the elected County Judge, who need not be a lawyer. Reagan County has no statutory probate court and no county court at law: Government Code Chapter 25, which creates every statutory county court and statutory probate court in Texas, contains no Reagan County entry. So the county court has original jurisdiction of probate proceedings under the Texas Estates Code (§ 32.002(a)). The county names Jim O'Bryan as County Judge (verified August 2026) |
| Filing office | The Reagan County Clerk, who is the clerk of the county court (Texas Constitution article V, § 20). Reagan County runs a joint clerkship: the county publishes one officer, Tammy Hodge, as County Clerk and 112th District Clerk, and brands the office the County and District Clerk (verified August 2026). That is the arrangement Government Code § 51.501(a) prescribes for a county of fewer than 8,000 people unless the voters vote to keep the offices separate (§ 51.501(b)). An estate is still a county court matter and goes to the county clerk side of the office |
| Courthouse | Reagan County Courthouse, 300 N. Plaza Avenue, Big Lake, TX 76932. The County and District Clerk and the County Judge are both in the courthouse. The county publishes no branch, annex or satellite counter for estates, so a filing that is not made electronically is made in Big Lake |
| Mailing address | Reagan County Clerk, P.O. Box 100, Big Lake, Texas 76932. The county publishes the same post office box for both the clerk and the County Judge, so address estate mail to the County Clerk by name. Call before mailing an original will |
| Phone | (325) 884-2442 for the Reagan County and District Clerk, which is the number to use for a probate filing. It is published on the clerk's own page and on the clerk's fee schedule. The courthouse switchboard, (325) 884-4100, appears in the footer of every page of the county's website and is not the clerk's line. The County Judge's office is (325) 884-2665 |
| Fax | (325) 884-1503, published by the County and District Clerk. The county publishes the same number for the County Judge |
| None published. The Reagan County and District Clerk publishes a web contact form on its own page rather than an email address, and no departmental mailbox appears anywhere on the county site. Use the form, the phone number or the mailing address | |
| Office hours | Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.m. to 4:00 p.m., per the clerk's own page (verified August 2026). Note the shorter Friday: the counter closes an hour earlier than it does the rest of the week. The county publishes no lunch closure and no separate filing cutoff. The county also publishes an annual holiday schedule, and for 2026 it closes the courthouse for Thanksgiving on November 25 to 27 and for Christmas on December 23 to 25 |
| Filing fee | $360 to open a probate case. That figure is fixed by Texas statute and is the same in every county: a $223 local consolidated fee (Local Government Code § 135.102(a)(1)) plus a $137 state consolidated fee (Local Government Code § 133.151(a)(1)), amounts enacted by S.B. 41 effective January 1, 2022 and since amended in place. On top of it the County Clerk collects statutory per-service fees, including $8.00 to issue a citation (§ 118.059) and $2.00 for each Letters Testamentary or Letters of Administration (§ 118.061), and the sheriff charges a posting or service fee set by the commissioners court (§ 118.131). A later contested or adverse probate action is $120 (§ 135.102(a)(2); § 133.151(a)(2)). Reagan County publishes no probate fee schedule of its own, so ask the County and District Clerk for the all-in total before you file |
| Local forms | None published. Reagan County publishes no probate forms, no probate checklist and no cover sheet, and Texas has no comprehensive statewide set of probate procedure forms either. Nothing linked on the clerk's own page 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, permitted but not required for a self-represented filer. The Supreme Court of Texas order requiring electronic filing by attorneys covers probate cases in constitutional county courts, and every Texas county has been under it since July 1, 2016 at the latest; unrepresented parties may e-file but are not required to (Texas Rule of Civil Procedure 21(f)(1)). Filing is through eFileTexas.gov. Reagan County publishes no e-filing notice or instructions of its own, so a self-represented filer should call (325) 884-2442 and ask what the counter will accept on paper |
| Case search | None for probate. The only online records link the Reagan County and District Clerk publishes is iDoc Market, labeled "Online Property Records", which is a paid subscription service for recorded documents and indexes deeds and other official public records, not estate case files. Documents e-filed in a Reagan County probate case may be reachable through the statewide re:SearchTX portal, which requires free registration, charges for documents ($1.00 for a document of 1 to 10 pages and $0.10 per page after that, per its own FAQ), and states that it provides an unofficial copy and that the clerk of the court is the official custodian of the records. Coverage is set county by county and Reagan County's is not published, so ask the clerk |
| Citations by posting | Published online, which is unusual for a county this size. Reagan County runs a "Probate and Guardianship Posting" page in the County Offices menu of its website and posts the text of probate and guardianship citations there, alongside the courthouse posting the Estates Code requires (§ 51.053). Check it if you are waiting on a hearing setting in an estate |
| Remote appearance | Not published for the Reagan County Court. The county publishes nothing about telephone or video appearances in a probate matter, so plan on appearing in Big Lake and confirm with the clerk |
| Website | https://www.co.reagan.tx.us/page/reagan.County.District.Clerk (the Reagan County and District Clerk, with the address, hours, phone, fax and recording fee schedule). The county's probate posting page is https://www.co.reagan.tx.us/page/reagan.Probate.and.Guardianship.Posting and the County Judge page is https://www.co.reagan.tx.us/page/reagan.County.Judge |
Before you begin — know the assets and liabilities
Before you file anything in Big Lake, 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 in a county this size, because Reagan County publishes no probate instruction sheet, no local forms and no docket calendar, so there is nothing local to correct a wrong start. A wrong route means starting over.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle, mineral interest and parcel of Reagan 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 Reagan County Clerk describes the estate accurately the first time.
Which court handles jurisdiction
The Reagan County Courthouse at 300 N. Plaza Avenue in Big Lake is the single probate filing location for the whole county. There is no branch, satellite or annex counter for estates: the County and District Clerk takes filings in the courthouse and the County Judge sits in the same building. The court serves every part of the county, including Big Lake and the unincorporated areas around it. Because attorneys file electronically through eFileTexas.gov, most of the paperwork in an uncontested estate never requires a trip to Big Lake; what does require one is delivering the original will and appearing at the hearing.
Venue is straightforward for a Reagan 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 Reagan County, the case belongs in the Reagan County Court, even if they died in a hospital in San Angelo, Midland or Odessa. 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)).
There is no separate probate court here, and no court in the county carries that name. Reagan County has no statutory probate court and no county court at law, so the Reagan 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, which creates every statutory county court and statutory probate court in the state, has no Reagan County entry at all. The only other trial courts the county's own site lists are the 112th District Court, which does not open estates, and the Justice of the Peace court, which has no probate jurisdiction.
If a matter in the proceeding becomes contested, the case does not stay with the County Judge by default. Under Estates Code § 32.003(a), in a county with no statutory probate court and no county court at law exercising original probate jurisdiction, when a matter in a probate proceeding is contested the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, either request the assignment of a statutory probate court judge to hear the contested matter (Government Code § 25.0022) or transfer the contested matter to the district court, which may then hear it as if originally filed there. Three details matter in practice. A party's motion for assignment of a statutory probate court judge beats a transfer: if it is filed before the county judge transfers the matter, the county judge shall grant it and may not transfer the case unless the motion is withdrawn (§ 32.003(b)). A party may file that motion before anything becomes contested, and it takes effect if the matter later does (§ 32.003(c)). And the county court keeps the rest of the case: if only the contested matter is assigned out or transferred, the county court continues to exercise jurisdiction over the management of the estate until the contested matter is finally disposed of (§ 32.003(g)), and the matter returns to the county court when it is resolved.
The district court on the other end of that transfer is the 112th District Court, and it is a traveling court. The 112th Judicial District is composed of Crockett, Pecos, Reagan, Sutton and Upton counties (Government Code § 24.214(a)), its terms in Reagan County begin on the first Mondays in March and October (§ 24.214(b)(3)), and the county names Pedro (Pete) Gomez, Jr. as the 112th District Judge, with chambers at 907 Avenue D in Ozona (verified August 2026). That is worth knowing before anyone files a motion to transfer: the district court's calendar in Reagan County is not a weekly one.
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 Reagan 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 Reagan County Court, the constitutional county court, which is the only court in the county with original probate jurisdiction (Estates Code § 32.002(a)).
- File with the Reagan County Clerk. Attorneys must e-file through eFileTexas.gov in probate matters, and have had to in every Texas county since July 1, 2016 at the latest. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Reagan County publishes no e-filing notice of its own, so if you are filing without a lawyer, call (325) 884-2442 first and ask what the counter will take on paper. Remember which side of the office you want: the same elected officer is County Clerk and 112th District Clerk, and an estate goes to the county clerk side.
- Deliver the original will to the County Clerk within three business days. This is statewide and there is no electronic substitute: when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)), and the clerk must keep the original in a numbered file folder (Rule 21(f)(13)). Take or send the wet-ink original to the Reagan County Clerk, 300 N. Plaza Avenue or P.O. Box 100, Big Lake, TX 76932, and call before mailing it.
- Pay the filing fee. It is $360 to open the case, the statewide statutory base of $223 under Local Government Code § 135.102(a)(1) plus $137 under § 133.151(a)(1). Reagan County publishes no probate fee schedule, so ask the clerk what the county adds for citation issuance (the statutory fee is $8.00, § 118.059) and for the sheriff's posting or service charge, which the commissioners court sets (§ 118.131). A filer who cannot afford the cost files a Statement of Inability to Afford Payment of Court Costs, the statewide form required by Texas Rule of Civil Procedure 145.
- Let the clerk issue citation and have it posted. On an application to probate a will or for letters, the county clerk issues the citation and delivers it to the sheriff or a constable, who posts it at the courthouse door or at the place in or near the courthouse where public notices are customarily posted, for at least 10 days before the return day, excluding the date of posting (Estates Code § 51.053(a) and (b)). Reagan County also publishes the text of probate and guardianship citations on its own website. Nothing is heard until the posting period has run and the officer's return is back with the clerk.
- Attend the hearing in Big Lake. Reagan County publishes no probate docket day, no docket time and no remote appearance rule, so ask the clerk when you file what the setting will be and what the County Judge expects you to bring. Take the original death certificate, photo identification and clean copies of the proposed proof of death, order and oath unless the clerk tells you they are already on file.
- 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, mineral purchaser and title company the estate has to deal with.
- Administer the estate and file what the statute requires. The steps that follow are set by state statute and apply the same way in every Texas county: notice to beneficiaries after an order admitting a will (§ 308.002), published notice to creditors within one month of receiving letters (§ 308.051(a)), 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)). One point to raise with the clerk in a county this size: the creditor notice runs in a newspaper of general circulation in the county where the letters issued, and if there is no newspaper of general circulation in the county the notice must be posted instead (§ 308.051(c)). File everything with the Reagan County Clerk. Where the estate is being run as an independent administration, the court's involvement after the appointment order and the inventory is deliberately minimal (Estates Code chapters 401 to 405).
- Record what has to be recorded. The same office that takes your probate filing keeps the county's official public records, so an affidavit or order that has to reach the deed records, such as the affidavit used to transfer a homestead under Estates Code § 205.006(a), is recorded across the same counter under the clerk's recording fee schedule.
Forms and documents
Probate forms in Reagan County
Reagan 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 probate checklist and no county small estate affidavit template. Nothing linked on the County and District Clerk's own page is a probate form.
Texas as a whole has no comprehensive set of probate procedure forms either. The Texas Judicial Branch forms page carries 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 form for probating a will as a muniment of title, even though Government Code § 22.020(b)(1) directs it to (the underlying routes are 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 Reagan County estate are drafted documents.
What the county does publish, and what is worth reading, is its recording fee schedule and its probate and guardianship posting page. Neither is a form, but the first prices what you pay when a probate document has to be recorded in the deed records and the second is where the county puts the text of citations by posting. The one genuinely statewide procedural form a Reagan 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.
| Resource | What it provides |
|---|---|
| Reagan County and District Clerk (co.reagan.tx.us) | The filing office page: the courthouse and post office box addresses, the counter hours, the phone and fax numbers, the contact form, the recording fee schedule and the county's records links. No probate forms are published here |
| Reagan County recording fees, effective January 1, 2024 (co.reagan.tx.us) | The clerk's own dated fee schedule for the official public records: $25.00 for the first page and $4.00 for each additional page all in, and certified copies at $1.00 per page plus $5.00 per certificate. This is what applies when a probate document, such as an affidavit transferring a homestead under Estates Code § 205.006(a), is recorded in the deed records |
| Reagan County probate and guardianship posting page (co.reagan.tx.us) | Where the county publishes the text of probate and guardianship citations by posting, alongside the courthouse posting required by Estates Code § 51.053 |
| 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
Reagan County publishes no probate filing fee schedule. What it does publish, and what a probate filer here will actually meet, is a dated recording fee schedule for the official public records, headed "RECORDING FEES EFFECTIVE JANUARY 1, 2024" and signed by the County and District Clerk. The table below separates the court costs, which are statutory and identical statewide, from the recording charges, which are the county's own published figures. Confirm the all-in total with the clerk at (325) 884-2442 before you file.
| Item | Amount | Authority or source |
|---|---|---|
| Opening a probate case | $360 | The statewide statutory base fee, identical 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)). Both amounts were enacted by S.B. 41 effective January 1, 2022 and have since been amended in place. Reagan County publishes no figure of its own |
| Issuing a citation | $8.00 | The statutory issuing-document fee every county clerk must collect (Local Government Code § 118.059) |
| Letters Testamentary or Letters of Administration | $2.00 each | The statutory per-document fee the county clerk collects (Local Government Code § 118.061). Order enough sets for every institution the estate deals with |
| Sheriff posting or service | Set by the commissioners court; Reagan County publishes no figure | Sheriff and constable service and posting fees are set by the commissioners court, which may not set them higher than is necessary to pay the expenses of providing the service (Local Government Code § 118.131). Ask the clerk what Reagan County charges |
| Later contested or adverse probate action | $120 | $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 |
| Recording a document in the official public records | $25.00 first page, $4.00 each additional page | Reagan County and District Clerk recording fee schedule, effective January 1, 2024. The schedule shows the arithmetic: a $5.00 recording fee for the first page and $4.00 for each additional page, plus a $10.00 records management fee and a $10.00 archive fee per instrument. This is the charge for putting a probate document into the deed records, including the affidavit used to transfer a homestead under Estates Code § 205.006(a) |
| Certified copy from the clerk | $1.00 per page plus $5.00 per certificate | Reagan County and District Clerk recording fee schedule, effective January 1, 2024 |
| Electronic filing charges | Set by the vendor, not by Reagan 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. Reagan 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)) |
One caution about figures found elsewhere. The base $360 is fixed by statute and is the same in all 254 Texas counties, so a quoted opening figure materially above it is either a total that bundles citation, posting, service or publication charges, or it is out of date. Reagan County's own published schedule covers recording, not probate filing, so do not read a recording line as a court cost.
Local nuance
Reagan County-specific considerations
One officer holds both clerkships, and the title is the thing most likely to send a filer to the wrong place. Reagan County publishes Tammy Hodge as County Clerk and 112th District Clerk and brands the office the County and District Clerk. Government Code § 51.501(a) is the general law behind 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 a majority of the county's voters vote to keep the offices separate (§ 51.501(b)). It does not change where an estate goes. Probate is a county court matter, the county clerk is the clerk of the county court under Texas Constitution article V, § 20, and the district clerk role only touches a probate matter after a contested matter has been transferred to the district court under Estates Code § 32.003(a)(2). Say "probate" and "county court" when you call (325) 884-2442, and the joint title takes care of itself.
Reagan County publishes citations by posting online, and that is genuinely unusual at this size. Its website carries a "Probate and Guardianship Posting" page in the County Offices menu, where the county puts the text of citations issued in probate and guardianship matters. Under the Estates Code the county clerk delivers the citation to the sheriff or a constable, who posts it at the courthouse door or where public notices are customarily posted, for at least 10 days before the return day, excluding the date of posting (§ 51.053(a) and (b)), and the officer returns the original with the date and location of the posting stated on it (§ 51.053(c)). The website page is in addition to that courthouse posting, not a substitute for it, but it means an interested person who cannot get to Big Lake can read the citation.
Read the citation on that page carefully if one concerns your estate. The probate citation Reagan County has published there was issued over the County Clerk's hand and seal, commands any sheriff or constable to post a copy for not less than ten days exclusive of the day of posting, and sets the hearing for 10 o'clock a.m. on the first Monday next after the expiration of ten days from the date of posting, at the county courthouse. That is the statutory return-day formula, not a published docket schedule: Reagan County publishes no standing probate docket day, no docket time and no filing-to-hearing interval, so confirm your own setting with the clerk rather than assuming the same date pattern.
The counter week is not the usual one. The clerk's page publishes hours of Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.m. to 4:00 p.m. Friday closes an hour early, which matters if you are driving in to deliver an original will inside the three business days that Texas Rule of Civil Procedure 21(f)(12) allows. The county also publishes an annual holiday schedule; in 2026 the courthouse is closed for Thanksgiving on November 25 to 27 and for Christmas on December 23 to 25, along with the usual state holidays.
A contested matter goes to a traveling district court. Reagan County is one of five counties in the 112th Judicial District, together with Crockett, Pecos, Sutton and Upton (Government Code § 24.214(a)), and the 112th District Court's terms in Reagan County begin on the first Mondays in March and October (§ 24.214(b)(3)). The county names Pedro (Pete) Gomez, Jr. as the 112th District Judge, with chambers at 907 Avenue D in Ozona. So the alternative route under § 32.003(a)(1), asking for the assignment of a statutory probate court judge to hear the contested matter (Government Code § 25.0022), is worth weighing on timing as well as on expertise, and a motion for that assignment filed before a transfer must be granted (§ 32.003(b)).
Filing and recording happen at the same counter, which is convenient and occasionally confusing. The office that takes your probate application also keeps the county's official public records, publishes the county's recording fee schedule (effective January 1, 2024) and links iDoc Market for online property records. Recording is where a probate document reaches land title, for example the affidavit used to transfer a homestead under Estates Code § 205.006(a), which must be recorded in the deed records of a county where the homestead is located. It is not a probate case search, and the online property records link does not index estates.
Recent updates
| Change | What it means in Reagan County |
|---|---|
| County and District Clerk recording fee schedule, effective January 1, 2024 | The clerk publishes a dated schedule for the official public records: $25.00 for the first page and $4.00 for each additional page, built from a $5.00 recording fee for the first page and $4.00 per additional page plus a $10.00 records management fee and a $10.00 archive fee per instrument, with certified copies at $1.00 per page plus $5.00 per certificate. It is the figure that applies when a probate document reaches the deed records, for example the affidavit used to transfer a homestead under Estates Code § 205.006(a). It is not a probate filing fee schedule, and Reagan County publishes none |
| Probate and guardianship citations published on the county website | Reagan County maintains a "Probate and Guardianship Posting" page in the County Offices menu of its site and puts the text of citations by posting there, in addition to the courthouse posting the Estates Code requires (§ 51.053). The county publishes no start date for the practice, so treat it as verified August 2026 and check the page rather than relying on it as the only notice |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Reagan County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Big Lake 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 Reagan County Court, filing with the Reagan County Clerk at the courthouse at 300 N. Plaza Avenue. Budget the $360 statutory filing fee (Local Government Code § 135.102(a)(1) and § 133.151(a)(1)) plus whatever the clerk quotes for citation issuance and sheriff posting, deliver the wet-ink original will within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)), and ask the clerk for the hearing setting, because the county publishes no docket calendar. | Asset discovery to establish how the home and the accounts are titled and what actually has to reach the court. Packet generation for the Reagan County filing, drafted for a county that publishes no forms of its own. 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, and an unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)); Reagan County publishes no e-filing notice of its own, so call the clerk at (325) 884-2442 before trying to file on paper, and remember that the counter closes at 4:00 p.m. on Fridays. 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 the case to Big Lake: the original will has to reach the County Clerk within three business days of the application (Rule 21(f)(12)), and the county publishes no remote appearance rule for probate hearings. | 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 an in-person hearing in Big Lake 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 Reagan County Court. The parent applies with the Reagan County Clerk, the clerk issues citation and the sheriff or a constable posts it at the courthouse for at least 10 days before the return day (Estates Code § 51.053), with the text also appearing on the county's probate and guardianship posting page. At the hearing the court appoints the personal representative and grants Letters of Administration (§ 306.002), or Letters Testamentary if there is a will (§ 306.001). Order several sets at $2.00 each (Local Government Code § 118.061), because the title company will want a recent one. The inventory follows, filed with the County Clerk before the 91st day after the representative qualifies (§ 309.051(a)), and any document that has to reach land title is recorded across the same counter under the clerk's schedule effective January 1, 2024. | 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 112th District Court (Estates Code § 32.003). |
Self-help resources
| Resource | What it offers |
|---|---|
| Reagan County and District Clerk (co.reagan.tx.us), (325) 884-2442 | The filing office for estates in Reagan County: the courthouse address at 300 N. Plaza Avenue, the P.O. Box 100 mailing address, hours of Monday through Thursday 8:00 a.m. to 5:00 p.m. and Friday 8:00 a.m. to 4:00 p.m., the fax number, a web contact form and the county's records links. Clerk staff can explain procedure and what the counter needs, but cannot give legal advice |
| Reagan County probate and guardianship posting (co.reagan.tx.us) | The county's own page for citations by posting in probate and guardianship matters, published alongside the courthouse posting required by Estates Code § 51.053. Worth checking if you are watching for a hearing setting on an application in an estate |
| Reagan County recording fees, effective January 1, 2024 (co.reagan.tx.us) | The clerk's dated fee schedule for the official public records: $25.00 for the first page and $4.00 for each additional page, certified copies at $1.00 per page plus $5.00 per certificate. This is what a probate document costs to record in the deed records; it is not a probate filing fee schedule |
| Reagan County Judge (co.reagan.tx.us), (325) 884-2665 | The office of the elected County Judge, who presides over the Reagan County Court and therefore over probate in this county. The county publishes the office at the courthouse with the same P.O. Box 100 mailing address |
| eFileTexas.gov | Registration for the statewide electronic filing system, the list of certified electronic filing service providers, and filing instructions. This is where a Reagan 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 Reagan County Clerk |
| Texas State Law Library probate research guide (guides.sll.texas.gov), (844) 829-2843 toll free in Texas | The strongest government self-help source for Texas probate, from a state agency: general information, probating a will, when there is no will, executors, formal administration, informal methods and legal forms. The library's own caveat is that it cannot tell you what the law means for your situation |
| TexasCourtHelp.gov | General information and videos about making your way through the Texas court system. The Reagan County and District Clerk links this site from its own page as "Self-Help Legal Resources" |
| 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, Midland office (legalaidtx.org), (432) 686-0647 or toll free (800) 926-5630, or the Legal Aid Line at 1-888-529-5277 | Free civil legal help for eligible low-income residents. Legal Aid of NorthWest Texas serves 114 counties across north and west Texas, and its Midland office at 10 Desta Dr., Suite 675E, Midland, TX 79705 names Reagan among the counties it serves. 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, 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 Reagan County; the nearest listed in its West Texas section is the Midland County Law Library, 500 N. Loraine Street, Suite 100, Midland, Texas 79701, (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, citation and notice in chapter 51, letters in chapter 306, creditor notices in chapter 308 and the inventory in chapter 309 |
When to hire an attorney
Plenty of uncontested Reagan County estates are handled without a lawyer, and nothing about the county's practice assumes counsel. 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. Reagan County publishes no probate forms, no instruction sheet and no docket calendar, so every document is drafted from scratch and every setting has to be asked for. The County Judge who hears the case need not be a lawyer, which is what the Legislature contemplated when it wrote the contested-matter route. And that 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)), a motion for assignment filed before a transfer must be granted (§ 32.003(b)), and the district court here is the 112th, which sits in five counties and holds its Reagan County terms beginning on the first Mondays in March and October (Government Code § 24.214). Clerk staff can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Texas probate attorney serving Reagan County and the surrounding west Texas counties.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Reagan County real property and mineral interests, and unclaimed property, so you know what the estate holds and which route fits before anything is filed in Big Lake.
Generate the probate packet. Sunset assembles the estate settlement paperwork for your route, which matters in a county that publishes no probate forms and no instruction sheet of its own, ready to file with the Reagan 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 Reagan 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 Reagan County?
With the Reagan County Clerk at the Reagan County Courthouse, 300 N. Plaza Avenue, Big Lake, TX 76932, or by mail to P.O. Box 100, Big Lake, Texas 76932. The case is heard by the Reagan County Court, the constitutional county court, presided over by the elected County Judge, because Reagan County has no statutory probate court and no county court at law (Estates Code § 32.002(a)). File in Reagan County if the decedent lived here and had a domicile or fixed place of residence in Texas (§ 33.001(a)(1)).
Reagan County has one County and District Clerk. Which office takes a probate filing?
The county clerk side. Reagan County publishes one elected officer as County Clerk and 112th District Clerk and brands the office the County and District Clerk, which is the arrangement Government Code § 51.501(a) prescribes for a county of fewer than 8,000 people unless the voters keep the offices separate (§ 51.501(b)). An estate is a county court matter, and the county clerk is the clerk of the county court under Texas Constitution article V, § 20. The district clerk role only comes into a probate matter if the County Judge transfers a contested matter to the district court (Estates Code § 32.003(a)(2)). Call (325) 884-2442 and say you are filing a probate application.
Is e-filing required for probate in Reagan County?
For attorneys, yes. The Supreme Court of Texas order that mandates electronic filing by attorneys covers probate cases in constitutional county courts, and every Texas county has been under it since July 1, 2016 at the latest. Filing goes through eFileTexas.gov. An unrepresented party may e-file but is not required to (Texas Rule of Civil Procedure 21(f)(1)). Reagan County publishes no e-filing notice or instructions of its own, so if you are filing without a lawyer, call the County and District Clerk at (325) 884-2442 and ask what the counter will accept on paper.
What do I do with the original will in Reagan County?
You file a copy with the application and get the wet-ink original to the County Clerk. The statewide rule is that when a party electronically files an application to probate a document as an original will, the original will must be filed with the clerk within three business days after the application is filed (Texas Rule of Civil Procedure 21(f)(12)), and the clerk must retain that original in a numbered file folder (Rule 21(f)(13)). Deliver or send it to 300 N. Plaza Avenue or P.O. Box 100, Big Lake, TX 76932, and call before mailing it. Note the Friday counter closes at 4:00 p.m.
How much does it cost to file probate in Reagan 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. On top of it the clerk collects $8.00 to issue a citation (§ 118.059) and $2.00 for each set of letters (§ 118.061), and the sheriff charges a posting or service fee set by the commissioners court (§ 118.131). Reagan County publishes no probate fee schedule, so ask the clerk for the all-in total. A later contested or adverse probate action is $120 (§ 135.102(a)(2); § 133.151(a)(2)). If you cannot afford the cost, file a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 145).
Are there local probate forms in Reagan County?
No. Reagan County publishes no probate forms, no probate checklist and no cover sheet, 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. The Supreme Court of Texas has not promulgated a small estate affidavit form or a form for probating a will as a muniment of title, even though Government Code § 22.020(b)(1) directs it to (the routes themselves are Estates Code chapters 205 and 257).
How do I look up a Reagan County probate case online?
Reagan County publishes no online probate case search. The only records link on the clerk's page is iDoc Market, labeled "Online Property Records", which is a paid subscription service for recorded documents and indexes deeds, not estate case files. Documents e-filed in a Reagan County 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 Reagan County's is not published, so for a definitive answer call the County and District Clerk at (325) 884-2442 or ask at the counter.
What is the probate and guardianship posting page on the Reagan County website?
It is where the county publishes the text of citations by posting in probate and guardianship matters, on its own site in the County Offices menu. The underlying rule is Estates Code § 51.053: the county clerk delivers the citation to the sheriff or a constable, who posts it at the courthouse door or where public notices are customarily posted for at least 10 days before the return day, excluding the date of posting, then returns the original to the clerk stating the date and location of the posting. The website page is in addition to the courthouse posting, not a substitute for it, and it is a useful thing to check if you are an interested person who cannot get to the courthouse.
What happens if someone contests the will in Reagan 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 Reagan County Court continues to manage the rest of the estate (§ 32.003(g)). The district court here is the 112th, which covers Crockett, Pecos, Reagan, Sutton and Upton counties and holds its Reagan County terms beginning on the first Mondays in March and October (Government Code § 24.214).
Do I have to travel to Big Lake to settle an estate in Reagan County?
For the hearing, probably yes, because the county publishes no remote appearance rule for probate. The rest can largely be handled at a distance: an attorney files electronically through eFileTexas.gov, and questions go to the County and District Clerk at (325) 884-2442. The one other physical requirement is the original will, which must reach the County Clerk within three business days of the application (Texas Rule of Civil Procedure 21(f)(12)). The counter is open Monday through Thursday, 8:00 a.m. to 5:00 p.m., and Friday, 8:00 a.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.