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Texas Counties Deliver – learn how county government serves you
Mandy Sawyer
Rains County Clerk


Rains County Courthouse Annex

220 W. Quitman St., Suite B, Emory, TX. 75440

(903) 473-5000 EXT 103

        
The Rains County Clerk's Office provides this web site as a public service. This web site is not intended to replace any official source of information. Information available on this web site is collected, maintained, and provided solely for the convenience of the public users. No information contained within the website should be mistaken for legal advice, nor should anyone make legally binding decisions based on this information. While every effort is made to assure that this information is accurate, the County Clerk does not certify the authenticity of the information contained herein. The County Clerk shall under no circumstance be responsible for any error or omission which may occur in these records, nor liable for any actions taken as a result of reliance upon any information contained within this web site from whatever source, or any other consequence from such reliance.

     

Rains County Clerk

Mandy Sawyer 

https://www.cscglobal.com/cscglobal/home/

 

Online Record Search

  •  

    Birth Certificates: How to Apply for a Birth or Death Certificate at Rains County Clerk's Office.

    Our office does not accept Birth Certificate requests by mail. The cost for a Birth Certificate is $23.

    Application for Birth/Death Certificate (PDF FORM)


    Qualified Applicants are the following:

     

    1. The registrant. The person named in the record.
    2. The parent, child, brother, sister, spouse, grandparent, legal guardian or managing conservator of the registrant.
    3. Legal representative, agent or other person acting under contract for the registrant must provide a letter of permission and a copy of identification from the registrant.
    4. An applicant must provide all necessary information and show proper identification prior to obtaining the certificate.

    Application for Certified Copy of Birth Certificate

    Information needed to obtain a birth certificate:

    • Full name on birth certificate
    • Date and place of birth
    • Father’s full name
    • Mother’s full maiden name
    • Name, address and phone number of the Requester
    • Relationship to person on birth record
    • Valid identification (Driver's License Preferred)
    • Purpose of obtaining the birth certificate

    Death Certificates:

    • Death Records are available only for decedents who pass within the Rains County limits.

    Application for a Certified Copy of a Death Certificate (PDF Form)

     

    Our office does not accept Death Certificate requests by mail. The cost for a Death Certificate is $21 for the first certificate and $4 for each additional certificates if purchased at the same time. All payment types are accepted by the County Clerk's office.

    Only a Qualified Applicant may obtain a copy of a death certificate:

    1. The parent, child, brother, sister, spouse, grandparent, legal guardian or managing conservator of the
      registrant.
    2. Legal representative, agent or other person acting under contract for the registrant must provide a letter of permission and a copy of identification from the registrant.
    3. An applicant must provide all necessary information and show proper identification prior to obtaining the certificate.
    Acceptable Forms of Identification (PDF)

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  • Marriage License


    Marriage License Application hours

    Monday- Friday 8:00 A.M. - 3:45 P.M. Closed for Lunch 12 pm.- 1 pm.

    Marriage License Fees

    Without Premarital Course Certificate $81.00  
    With Premarital Course $21.00  
    Informal Marriage (Common Law) $46.00  
    ***PLEASE ARRIVE BY 3:45 P.M. TO APPLY***

     

    Certified Copies of Marriage License


    Certified copies of Marriage Records are available for a fee of $8.00 each. We only have marriage licenses that were purchased and filed in Rains County. Please click here for application for Certified copy of Marriage License.

    You will need to include in your request, the name of the bride and groom as well as the date of marriage. EMAIL REQUESTS ARE NOT ACCEPTED. Marriage records are open records, application form is required. No plain copies are issued. Please present a government issued ID to verify identity. Marriage Records are issued as certified copies.

    Minors seeking to apply for marriage license. Please click here

    Apply For Marriage License

     A marriage license may be obtained in the County Clerk's office. Both parties must be present for the application process. A valid government issued ID and social security number are required. (please click below) 

     

                                                            

    Acceptable Forms Of ID
    • Driver's license or identification card (not expired for more than 2 years)
    • United States Passport or current passport issued by foreign country.
    • Unexpired Certificate of U.S. Citizenship, or other document issued by federal Dept. of Homeland Security or the U.S. Dept. of State including identification photo.
    • Unexpired military identification card.
    • Certified copy of birth certificate.

    72 Hour Waiting Period

    Per Texas Family Code 2.204 a marriage ceremony may not take place during the 72-hour period immediately following the issuance of the marriage license. This waiting period does not apply to a member of the armed forces of the United States and on active duty; Department of Defense; obtains a written waiver from a Judge with family law jurisdiction; completes a premarital education course approved by the State as described in Section 2.013.


    Absent Applicant

    If an applicant who is 18 years of age or older is unable to appear personally to apply, any adult person or the other applicant may apply on behalf of the absent applicant. Notwithstanding, Subsection (a), the clerk may not issue a license for which both applicants are absent unless the person applying on behalf of each applicant provides to the clerk an affidavit of the applicant declaring the applicant is a member of the armed forced of the United States stationed in another country in support of combat or another military operation.

    **Please come into the county clerk's office and see the Vital Statistics deputy to complete an Affidavit of Absent Applicant for Marriage License.**

     

    State Approved Premarital Education Courses

    72 hour waiting period is waived and the cost of the license in reduced to $21.00. For more information, please visit:

    Upon completion a certificate will be issued. 

    Note: We accept cashier’s checks, money orders, checks, credit cards, and cash. Make any checks and/or money orders payable to "Rains County Clerk".

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  • Probate
    Probate Overview

    The County Clerk serves as Clerk of the Court for the County Court at Law. This court hears issues associated with the estates of deceased persons, guardianship for incapacitated persons, mental health commitments, and eminent domain cases. The Clerk's Probate Division issues citations, writs of execution, abstracts of judgment, letters of guardianship, letters testamentary, protective orders, notices and other documents as required by law or requested by customers.

    **Effective June 1, 2018, all guardianships in the state of Texas must be registered with the Judicial Branch Certification Commission (JBCC)**

    Fee Schedule
    Probate of Will $360.00
     Muniment of Title $360.00
    Guardianship $360.00
    Guardianship with Sale of Property $360.00
    Administration $360.00
    Heirship $360.00
    Foreign Will $360.00
    Small Estate $360.00
    Adverse Action/Counterclaim $120.00
    Open Safety Deposit Box $360.00
    **price does not include citations or public posting**
    • Guardianships
    • Letters Testamentary, Administration and Guardianship
      • Letters Testamentary are always original issuances from the Clerk; no copies are made. Only the executor, administrator, guardian or the attorney of record can receive Letters. Letters of Guardianship may be granted by the probate court after an application is filed and a guardian is qualified. Please consult with your attorney for more information.

      Letters

      $2.00 (each)

      LGC § 118.061


      Court Scheduling

      Please contact the county judge's office to schedule all Probate hearings.  
    • Registry of the Court
    • Certain funds may be ordered by the courts to be deposited into the Registry of the Court account or into separate or interest-bearing accounts. The County Clerk acts only in a custodial capacity in relation to these accounts and is not the trustee for the beneficial owner of these funds. A court order signed by the Judge is required prior to any funds being deposited.

      Requirements for Investment of Funds

      Pursuant to Chapter 117 of the Local Government Code and requirements of the County's financial institution, the following requirements must be met before any funds can be invested in interest bearing accounts. Placing funds in the Registry of the Court does not automatically place the funds in an interest-bearing account. The Registry of the Court is not an interest-bearing account. An interest-bearing account may be established if the following requirements are met.

      Requirements:

      1. Signed Judgement or Order directing funds be invested in an interest-bearing account as opposed to just "Registry of the Court".
      2. Completed "Data Required for Investment of Funds" form which may be obtained from the County Clerk. *
      3. Funds to be invested. *

      *Please provide the form and funds together.

      Upon filing of the required Judgment or Order and receipt of the completed 'data' form and funds, the clerk will open the account(s) at the County's depository. The county depository cannot pay interest on funds that are not accompanied by a Tax ID number or Social Security number of the person to whom the interest income shall be taxed by the Federal Government. Funds cannot be deposited in interest bearing accounts under Rains County's Tax ID number.

      Requirements for Withdrawal

      Funds may only be withdrawn from the Registry of Court account or an interest-bearing account upon filing of a recently signed "Order to Release Funds". A judgment or order to deposit funds stating when the funds may be released to the beneficiary may be sufficient for the depository to release the funds to the beneficiary. The County Clerk will only release the funds to the beneficiary upon presentation of a current, valid form of identification. The funds may be released to the beneficiary's attorney upon written request. Please allow 2 to 3 days from the date the order is signed to process these accounts.

      Acceptable Forms of Identification Include:

      • Driver's license from a U.S. state
      • Federal or state ID card
      • Military ID card
      • U.S. passport

      If you do not have one forms of ID listed above, please provide TWO from the following list: 

      • Current student ID
      • Signed Social Security Card
      • Medicaid card or Medicare card
      • Veterans Affairs card
      • Medical insurance card
      • Certified birth certificate from the U.S. Department of State (FS-240, DS-1350, or FS-545)
      • Private company employment ID card

      Administrative/Accounting Fees

      To compensate the county for the accounting and administrative expenses incurred for maintaining the accounts the following fees will be withheld at the time of withdrawal:

      • 5% of total withdrawn not to exceed $50.00 on funds in the Registry account. (Local Government Code 117.055)
      • 10% of total interest earned in any separate or interest bearing account. (Local Government Code 117.054)

      It is the responsibility of the beneficiary, the beneficiary’s guardian, or his/her attorney to ensure that the proper documents, information required for investment of funds, and the funds themselves are received by the clerk.

      For further information regarding Registry of the Court and/or Custodial Accounts, please call (903) 473-5000 Ext. 107.

      Annual Accounts
      Guardianship-Person $10.00 LGC § 118.052,118.101,118.131
      Guardianship-Person & Estate $35.00 LGC § 118.052,118.101,118.131
      Estate-Annual Account $25.00 LGC § 118.052,118.101,118.131
      Estate-Final Account $65.00 LGC § 118.052,118.101,118.131
      Estate-Amended Final Account $65.00 LGC § 118.052,118.101,118.131
      Estate-Final Report $65.00 LGC § 118.052,118.101,118.131

    • Miscellaneous Services

      Late Filing of Inventory $25.00 LGC § 118.052, 118.101
      (due 3 months after appointment)
      Filing After Inventory approved $25.00 LGC § 118.052, 118.101
      Judge's Signature $2.00 LGC § 118.101

      Issue Citations

      ***Additional citation issued  request***

      $8.00 LGC § 118.056
      Constable Personal Service Fee $100.00 LGC § 118.131
      Claims $10.00 LGC § 118.058
      Probate Name Search Fee $5.00

      Resources

      https://texaslawhelp.org

      http://texasprobate.com/

      http://www.lonestarlegal.org/

      https://www.txcourts.gov/jbcc/

      http://www.9thcoa.courts.state.tx.us/

      Inability to Afford Cost Form (English)
      Inability to Afford Cost Form (Spanish)

    • Registration of Guardianships, effective June 1, 2018 Senate Bill 1096, passed during the 85th Legislature, Regular Session, and will affect the appointment of guardians.   Any person(s) or entity applying for appointment as guardian must complete the following at least 10 days before the hearing on the application:

    • SUBMIT REGISTRATION INFORMATION TO JUDICIAL BRANCH CERTIFICATION COMMISSION (JBCC):  Prior to being appointed guardian, the proposed guardian must submit registration information online with the JBCC at:  CLICK HERE.

    • If the proposed guardian is not an attorney, certified guardian or corporate fiduciary, the proposed guardian must also complete GUARDIANSHIP TRAINING 10 days before the hearing on the application. 

    • GOP Annual Report
      The Texas Office of Court Administration has initiated a program assist guardians/courts in the administration of guardianships of the person by creating a web-based application which guardians will use to generate the annual report of the person.  The Court expects all guardians to utilize this application when preparing the annual report.  THIS PROGRAM HAS BEEN DESIGNATED FOR RAINS COUNTY ONLY AT THIS TIME.  PLEASE DON'T ATTEMPT TO USE THE APPLICATION FOR PREPARING REPORTS FOR GUARDIANSHIPS IN OTHER COUNTIES.  Click here for the directions on use of the application.

    • ANNUAL REPORT ON LOCATION, CONDITION AND WELL BEING OF WARD

    File a Will for Safekeeping

    • For a nominal fee, the Rains County Clerk's Office will hold an original copy of your will for safekeeping. You may want to discuss this with your attorney or refer to the Texas Estates Code, Chapter 252, for more information.

    Safekeeping of Wills

    $16.00

    Small Estate Affidavit

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  • Misdemeanor and Criminal offenses

    The county clerk records information on all class A and B misdemeanor offenses such as DWI's, thefts, assaults, and drug cases. The office also issues Occupational Licenses for individuals. This office also provides administrative support to the county court through the issuance of warrants, summons, bond forfeitures, subpoenas, commitments, etc. (NOTE: The only people that are NOT charged for copies in misdemeanor criminal cases are District Attorney's and the Defendant's Attorney of Record at the time of the offense.)  

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  • TEXAS ALCOHOLIC AND BEVERAGE COMMISSION-(TABC)

    Please click and follow the link to start your application process:

    TABC Official Site | Texas Alcoholic Beverage Commission

    ASSUMED NAME/DBA APPLICATION

    ASSUMED NAME (DBA) $24.00

          *includes indexing of 2 names: business name & 1 owner name*

    EACH ADDITIONAL NAME INDEXED

    $.50

    ABANDONMENT

    $24.00

    SIGNATURES ACKNOWLEDGED BY A DEPUTY $1.00
    COPIES $1.00
     Certified Copy.
    $5.00

     

    Effective September 1, 2017
    HB 1646: A clerk MAY waive fees associated with the filing of an assumed name certificate or statement of abandonment for a registrant who is a military veteran.
    **Proper ID proving veteran status at the time of filing will be required by the Rains County Clerk's Office**

     

    OVERVIEW

    Each person who regularly conducts business or provides professional services and is not a corporation, limited partnership, limited liability company in Rains County must file an Assumed Name Certificate with the County Clerk's Office so that a record of a business is available.  

    **As of September 1, 2019, the Rains County Clerk's Office will no longer record/file Incorporated Assumed Named. That form will be registered with the Secretary of State's Office only.**

    FORM COMPLETION

    If the desired name is available, then the appropriate Assumed Name Certificate may be filled out, notarized or acknowledged, and submitted to the County Clerk’s Assumed Name/DBA office along with the fee.

    Assumed Name Certificates may be acknowledged by a deputy in the County Clerk’s Office for a fee of $1.00 or notarized by a notary public of choice. The certificate must be either notarized or acknowledged before they can be filed with the County Clerk’s office.

    Each business partner must sign the Assumed Name Certificate before the notary in order for the certificate to be filed with the County Clerk’s office.

    Applicants may file for multiple Assumed Names as long as an Assumed Name Certificate has been completed for each desired name.

    OTHER INFORMATION

    Before using the forms above, you should always seek the guidance of a professional tax consultant, accountant, bank and/or attorney to verify that all legal requirements are met before filing this Assumed Name Form.

    The County Clerk cannot determine the legal structure of your business or advise in completing the Assumed Name Certificate as required by the Texas Business and Commerce Code.

    As the filer you are personally responsible for the accuracy of the information you provide. The County Clerk's official duty is to file the completed form.

    An Assumed Name Certificate if good for 10 years from the date of filing unless a shorter time is specified on the certificate.

     

    ABANDONMENT/WITHDRAWAL

    It is necessary to file an Abandonment of Assumed Name if the business closes, the business address changes, or if one or more partners in the business wishes to withdraw.

     

    East Texas Counsil of Government

    • New property or new construction on property
    • New address request or verifying existing address.

    Please call 903-218-0903, or click on website for further instructions and application: Verify or Request a 9-1-1 Address (pineywoods911.com)

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  • RECORDING REQUIREMENTS

     

    Real Property Recording Fees $25.00 first page

    each additional page $4.00

    Federal Tax Lien $20.00

    State Tax Lien $15.00

    UCC Financial Statement 3 pgs. $35.00

    UCC Financial Statement 3 pgs.+ $50.00

     

    **All Plats must have a certificate from the Rains County Appraisal District showing that all taxes have been paid.**

       Plat Filing Fee ..................................$70.00

      Filing Tax Certificate/Each .............$25.00

      Plat-Certified Copy ........................$20.00

         Plat-Uncertified Copy ....................$15.00

     

     

    The County Clerk Does Not Offer Notary Services

     

    An instrument must be signed by all parties required according to the instrument that is being recorded. Signatures must be original and have their name printed legibly or typed below the signature. All parties required to sign must do so before a notary. The notary seal must be clear and dark enough for recording. 

    Instruments must be in the English language in order to be recorded or must be accompanied by a certified translation.

    Submit documents on white paper that is no larger than 8.5x14 inches and no smaller than 8.5x11 inches. Paper needs to be of a sufficient weight and substance so that printing, typing, or handwriting will not bleed through.

    Use a font size of at least 8 point. Printing or typing be clearly legible.

    The File Number goes on the first page in the upper right-hand corner. Provide a three (3”) inch margin at the top of the page, unless directed otherwise by the County Clerk. Please leave a 3" margin at the right bottom corner of the last page for the County Clerk's certification stamp. 

    Provide a heading at the top of the first page that identifies the type of document.

    Corresponding names should be printed or typed beneath all signatures.

    Ink used should be blue ink only.

    The mailing address of each grantee named in the instrument must appear on the instrument, or an added fee of $25.00 will be charged in addition to regular recording fees.

    An instrument transferring an interest in real property to or from an individual must include the following notice that appears at the top of the first page in 12-point boldfaced type or 12-point uppercase letters.

    Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number.

    Property should be in Rains County. A legal description of the property showing it is in Rains County or volume and page or Clerk's File Number referencing a previous recording that describes the property. Legal questions regarding content should be directed to an attorney.

    MILITARY DISCHARGE DD-214

    BY MAIL: PLEASE PRINT AND COMPLETE THE FOLLOWING APPLICATIONS & AFFIDAVIT AND ATTACH A COPY OF YOUR CURRENT PHOTO ID. 

    Application for Certified Copy of Military Discharge DD-214

    More Information:

    Government Code 192.002 – Military Discharge Records

    Government Code 552.140 – Exception: Confidentiality of Military Discharge Rec

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  • A brand is proof of ownership and the best way to identity livestock.

    The brand record contains a description of the design or elements of the brand, where on the livestock the brand is located, and any ear marks that are used to identify livestock.

    Every 10 years, Texas requires that brands be re-registered in the county or counties in which you operate.

    Pursuant to Texas Agricultural Code 144.044 all marks, brands, and tattoos currently registered with the County Clerk will expire after August 30, 2021.

    The renewal period for your mark/brand/tattoo is August 31, 2021, through February 28, 2022. Any previously recorded marks/brand/tattoos which have not been re-registered by the deadline of February 28, 2022, will be considered unclaimed and eligible for registration by another. (Once re-registered, your brand will be good until August 30, 2031.)

                The application that will be registered for marks and brands is required to be notarized or signed in front of a County Clerk Deputy.  The form that is supplied by the TSCRA does not meet these requirements. 

    2021 Marks and Brands Application

    If you need to transfer ownership of a brand, please print the form below and bring the signed and notarized original with the new owner to the Rains County Clerk's office.

    Release and Transfer of Ownership of Registered Brand

    Texas Agricultural Code 144.041

    For more information on brands visit www.tscrabrands.com.

    It is not required to complete this application in advance; the County Clerk’s office will provide forms in the office at the time of registration.

    When a renewal or new brand is filed, the County Clerk’s office will verify the current owner of the brand or that the brand is not currently in use.


    Cost

    • $25.00 per brand
    • $5.00 each additional brand location on animal

    Estrays (Stray Livestock)

    According to Chapter 142 of the Texas Agriculture Code, "...report the presence of the estray to the sheriff of the county in which the estray is discovered."

     

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WEB ACCESSABILITY STATEMENT

General

Rains County Clerk's Office is committed to making the content of its web site accessible to all, including individuals with disabilities, and to ensure its web site complies with Title II of the Americans with Disabilities Act and Sections 504 and 508 of the Rehabilitation Act, by using World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 Level AA.

Third-Party Sites

Some of the pages on Rains County Clerk's web site may contain links to third-party sites. The Rains County Clerk's Office is not responsible for the online content or accessibility of third-party sites that do not relate to Rains County programs, services and activities.

We Welcome Your Feedback

If you have difficulty accessing information on our website because of a disability, please contact us. Be sure to include the information below, so that we may contact you to provide the information in another format. 

  • Your name
  • Email address.
  • Phone number.
  • URL of the material you tried to access.
  • the problem you are experiencing.

Contact Us

Email: rainscountyclerk@gmail.com

Phone Number: (903) 473-5000