Overview
Castro County is located in Texas with a population of approximately 7,371. The Castro County Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Texas probate is governed by the Texas Estates Code. The process begins with filing an Application for Probate of Will and Issuance of Letters Testamentary 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.
Texas offers simplified procedures for smaller estates, such as the Small Estate Affidavit, which can be used if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is a Muniment of Title, used when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Texas law allows for "Independent Administration," which significantly reduces court supervision and attorney fees. Executors can often act free of court control after being appointed.
This guide provides an informational overview of the Castro 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
Castro County Court
Probate matters in Castro County are handled at the Castro County Courthouse.
Address: 100 E Bedford St, Room 101, Dimmitt, TX 79027
Phone: (806) 647-3338 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 2:00 PM
The County Clerk's office is located on the first floor of the courthouse. The County Judge presides over probate matters in the Constitutional County Court.
Parking and Access
Free street parking is generally available around the courthouse square in Dimmitt. The building is accessible to the public during business hours with security screening at the entrance.
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 $75,000 or less (excluding homestead and exempt property) and there is no will, you may be able to file an affidavit instead of full probate.
- Muniment of Title: If there is a will and no debts (except a mortgage), this procedure validates the will to transfer property titles without full administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate of Will and Issuance of Letters Testamentary (or Application for Letters of Administration) with the Castro County Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approximately $360)
- Proposed Order
E-filing is mandatory for attorneys in Texas and available for pro se litigants via E-File Texas.
Step 3: Provide Notice
After filing, you must:
- Post notice: The County Clerk will issue a citation which must be posted by the Sheriff at the courthouse for at least 10 days before the hearing.
- Mail notice: Notify all heirs and beneficiaries as required by the Texas Estates Code.
- Publish notice: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in Castro County (e.g., The Castro County News) within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 3 weeks after filing (once the 10-day posting period expires). At the hearing, the judge reviews the petition, hears testimony, and if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify secured creditors and beneficiaries within specific statutory timelines.
- Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if eligible).
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a closing report or notice to close the estate once administration is complete.
Local Requirements
Castro County-Specific Procedures
- E-filing: Castro County accepts e-filing through the state's E-File Texas system.
- Hearings: Hearings are generally held in the County Court. Call the County Clerk or Judge's office to schedule a hearing date after the citation return date.
- Local Rules: While the Texas Estates Code provides the primary framework, always check with the County Clerk for any specific local standing orders or form requirements.
- Publication: Notice to Creditors should be published in The Castro County News for estates requiring independent administration.
Texas requires that an attorney represent the applicant in most probate proceedings because representing an estate is considered the practice of law.
Timeline & Fees
Filing Fees (Castro County)
- Probate of Will / Administration: approximately $360 (includes state and local consolidated fees)
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Citation/Posting: approximately $95 (varies by service method)
- Letters Testamentary: approximately $2.00 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
Texas does not have a statutory fee schedule for attorneys based on a percentage of the estate; fees are typically hourly or flat-rate. Executors may be entitled to a commission of 5% of sums received and paid out in cash, subject to statutory limitations.
Payment Methods
The court accepts cash, credit/debit cards (with a processing fee), cashier's checks, and money orders. Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period for the citation sets the minimum time before a hearing can occur.
Local Resources
Castro County Court Resources
- County Clerk Website: https://www.co.castro.tx.us/page/castro.County.Clerk
- Probate Self-Help: https://guides.sll.texas.gov/probate
- Texas Probate Forms: https://www.txcourts.gov/forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- The Castro County News: (806) 647-1234 — Newspaper of general circulation for legal notices.