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Docket No. 48151 · Texas

Fisher County
Probate Court

In Texas, estates are probated in the Statutory Probate Court / County Court at Law / Constitutional County Court. This page gathers where to file in Fisher County, the state rules that apply, and where every detail comes from.

County website ↗ Directions ↗
County seat
Roby
Population
3,612
Court
Statutory Probate Court / County Court at Law / Constitutional County Court
Record
Courthouse mapped
TX · 4815132°44′ N · 100°24′ W
● Fisher County Courthouse
located via OpenStreetMap
Small-estate limit
$75,000
Wait 30 days after death
Creditor window
1 month
Tex. Estates Code §§ 308.051, 308.053, 308.054 & 355.060
Executor fee
Up to ~5%
Capped by statute
Death taxes
None
No state death tax
§ I

Where to file in Fisher County

Handled by
Statutory Probate Court / County Court at Law / Constitutional County CourtIn Texas, 10 major urban counties have specialized Statutory Probate Courts (Harris, Dallas, Tarrant, Bexar, Travis, etc.). In smaller counties, probate is heard by the County Court at Law or Constitutional County Court. Texas is famous for Independent Administration.
County building
Fisher County Courthouse 112 North Concho Street, Roby, TX 79543 OpenStreetMap · view the map entry
Phone
No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
Opening hours
Not published in an open source. Check the court or county website before you go.
County website
fishercounty.orgWikidata
State courts & e-filing
txcourts.govCase search: re:SearchTX (Texas Statewide Judiciary Portal / County Clerk Odyssey)
§ II

How probate runs in Fisher County

Six stages, with the Texas rules that set the pace.

  1. 01

    Secure the original will

    Find the original signed will and order certified death certificates. Texas deadline: Must be filed for probate within 4 years from decedent's death (Tex. Estates Code § 256.003).

  2. 02

    Pick the right track

    If the probate estate is under $75,000, a small-estate procedure (Tex. Estates Code § 205.001 (Small Estate Affidavit)) may avoid full administration.

  3. 03

    Petition the court

    File the petition with the Statutory Probate Court / County Court at Law / Constitutional County Court for Fisher County. The court appoints the executor or administrator and issues letters.

  4. 04

    Inventory the estate

    Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.

  5. 05

    Notify creditors

    Publish or send notice to creditors. Window: PR must publish notice to general creditors within 1 month after letters issue and mail notice to secured creditors within 2 months; optional permissive notice bars an unsecured claim not presented within 120 days after the creditor receives it.

  6. 06

    Account and distribute

    Pay debts, taxes and fees (Tex. Estates Code § 352.002 (Statutory Commission)), file the final account if required, distribute to heirs and ask to close the estate.

Need help with an estate in Fisher County, Texas?

Where to get help.

We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.

  1. 01 Texas courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
  2. 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
  3. 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ III

Texas rules that apply here

Probate law is state law — these apply in all 254 Texas counties.

Small estates
$75,000 estate assets excluding homestead and exempt property; intestate estates only; affidavit must be approved by the courtTex. Estates Code § 205.001 (Small Estate Affidavit) · wait 30 days
Filing the will
Must be filed for probate within 4 years from decedent's death (Tex. Estates Code § 256.003)
Creditor claims
PR must publish notice to general creditors within 1 month after letters issue and mail notice to secured creditors within 2 months; optional permissive notice bars an unsecured claim not presented within 120 days after the creditor receives itTex. Estates Code §§ 308.051, 308.053, 308.054 & 355.060
Executor fees
Five and Five Rule: 5% of all amounts received in cash and 5% of all amounts paid out in cash, capped at 5% of gross estate (Tex. Estates Code § 352.002)Tex. Estates Code § 352.002 (Statutory Commission) · estimate the fee
Handwritten wills
Recognized. Texas recognizes holographic wills written wholly in the testator's handwriting, without requiring subscribing witnesses (Tex. Estates Code § 251.052).
Estate tax
No state estate tax.Texas Constitution Art. VIII Sec. 24 prohibits any estate or inheritance tax.
Inheritance tax
No.No state inheritance tax in Texas.
Typical duration
4 to 9 months (under Independent Administration)A lawyer is generally required to represent the estate.

Rules re-checked Sept 2026 against: texas.public.law · texas.public.law

§ IV

Neighbouring probate courts

FisherNolanScurryJonesStonewallKent
Related officeFisher County Clerk & RecorderDeath certificates, recorded deeds and marriage records for the estate file.uscountyclerks.com ↗ Related officeFisher County Property AppraiserAssessed values and parcel records for the estate inventory.uspropertyappraisers.com ↗
§ V

Questions about Fisher County probate

Where is the Fisher County Probate Court located?
In Texas, probate is handled by the Statutory Probate Court / County Court at Law / Constitutional County Court. The Fisher County Courthouse is mapped in OpenStreetMap at 112 North Concho Street, Roby, TX 79543. Check the official county website (fishercounty.org) to confirm which counter or building handles probate filings.
What is the small estate affidavit limit in Fisher County, TX?
Small-estate rules are set by state law, so they are the same in every Texas county: $75,000 estate assets excluding homestead and exempt property; intestate estates only; affidavit must be approved by the court (Tex. Estates Code § 205.001 (Small Estate Affidavit)). The waiting period is 30 days.
How do I search probate case records in Fisher County?
Start with the Texas judiciary website (txcourts.gov), which points to re:SearchTX (Texas Statewide Judiciary Portal / County Clerk Odyssey). Older files and certified copies are requested from the probate clerk in Roby.
What are the deadlines for filing a will and creditor claims in Fisher County?
Will: Must be filed for probate within 4 years from decedent's death (Tex. Estates Code § 256.003). Creditors: PR must publish notice to general creditors within 1 month after letters issue and mail notice to secured creditors within 2 months; optional permissive notice bars an unsecured claim not presented within 120 days after the creditor receives it (Tex. Estates Code §§ 308.051, 308.053, 308.054 & 355.060).
How much can an executor charge in Fisher County?
Texas rule: Five and Five Rule: 5% of all amounts received in cash and 5% of all amounts paid out in cash, capped at 5% of gross estate (Tex. Estates Code § 352.002) (Tex. Estates Code § 352.002 (Statutory Commission)). You can estimate the amount with our executor fee calculator.