Overview
Texas County is located in Missouri with a population of approximately 25,715. The Texas County Circuit Court, Probate Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Missouri probate is governed by Chapters 472 through 475 of the Missouri Revised Statutes. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Small Estate Affidavit: If the value of the entire estate, less liens and encumbrances, does not exceed $40,000, you may file a Small Estate Affidavit (Affidavit for Collection of Small Estate) 30 days after the death. This allows heirs to collect assets without full probate administration.
Refusal of Letters: For surviving spouses or unmarried minor children, the court may issue an order refusing letters if the estate value is not greater than the exempt property and statutory allowances.
This guide provides an informational overview of the Texas County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Texas County Circuit Court, Probate Division
Probate matters in Texas County are handled at the Texas County Justice Center.
Address: 519 North Grand Avenue, Ste 202, Houston, MO 65483
Phone: (417) 967-3742 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the 25th Judicial Circuit. The Circuit Clerk's office accepts filings for probate matters.
Parking and Access
Public parking is available in the lot adjacent to the Justice Center and along nearby streets. Visitors must pass through security screening upon entering the building; cell phones and weapons are generally prohibited.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $40,000 or less, you may file an affidavit 30 days after death to transfer assets without full probate.
- Refusal of Letters: A surviving spouse or unmarried minor child may petition to refuse letters if the estate's value is less than statutory allowances.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters with the Texas County Circuit Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the death certificate
- Filing fee (typically ~$148.50, varies by case type)
- List of heirs and interested parties
- Renunciations or consents from other heirs (if applicable)
Missouri courts utilize the Case.net system, and attorneys are generally required to e-file.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Texas County (e.g., the Houston Herald) for four consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. If approved, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims must be filed within 6 months of first publication).
- Inventory and appraise all estate assets within 30 days of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Statement of Account and petition for discharge to close the estate.
Local Requirements
Texas County-Specific Procedures
- E-Filing: Missouri courts, including Texas County, mandate electronic filing for attorneys via the Missouri eFiling System. Self-represented litigants may file in paper.
- Bond: A corporate surety bond is typically required for personal representatives unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in the Houston Herald.
- Local Rules: The 25th Judicial Circuit may have specific local rules regarding hearing schedules and document formatting. Check with the clerk for specifics.
Timeline & Fees
Filing Fees (Texas County)
Fees are subject to change. Contact the Circuit Clerk for the most current schedule.
- Decedent's Estate (Testate/Intestate): approximately $148.50
- Small Estate Affidavit: approximately $60.00 - $75.00
- Refusal of Letters: approximately $58.50
- Will Admit Only: approximately $58.50
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit/debit cards (with a processing fee). Personal checks are often not accepted for new case filings.
Estimated Timelines
- Small Estate: 30-60 days (after the 30-day waiting period).
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Complex or contested estates: 12 months to 2+ years.
The 6-month creditor claim period is a statutory minimum for full administration.
Local Resources
Texas County Court Resources
- Court Website: texascountymissouri.gov
- Missouri Case.net: courts.mo.gov/casenet
- Missouri Probate Forms: courts.mo.gov
Legal Aid and Attorney Referrals
- The Missouri Bar: (573) 635-4128 — mobar.org
- Legal Services of Southern Missouri: (417) 881-1397 — lsosm.org
Publication
- Houston Herald: (417) 967-2000 — houstonherald.com