Overview
Floyd County is located in Texas with a population of approximately 5,042. The Floyd 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 for intestate estates valued at $75,000 or less (excluding homestead and exempt property) and Muniment of Title for probating a will without administration.
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. Statutory executor commissions are generally 5% of all sums actually received and paid out in cash, though this can vary by will terms.
This guide provides an informational overview of the Floyd 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
Floyd County Court
Probate matters in Floyd County are handled at the Floyd County Courthouse.
Address: 105 S Main St, Room 101, Floydada, TX 79235
Phone: (806) 983-4905 (County Clerk)
Hours: Monday through Thursday, 8:00 AM to 5:00 PM; Friday, 8:00 AM to 3:00 PM
The County Clerk's office is located on the first floor of the courthouse. The County Judge presides over probate matters.
Parking and Access
Free street parking is generally available around the courthouse square in Floydada. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: For intestate estates valued at $75,000 or less (excluding homestead and exempt property), if there is no will and the estate is solvent.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), this procedure validates the will to transfer property.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
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 Floyd County Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (approximately $360.00)
E-filing is mandatory for attorneys in Texas and available for pro se litigants in many counties.
Step 3: Provide Notice
After filing, you must:
- Post notice: The County Clerk will post a citation at the courthouse for at least 10 days.
- Publish notice: Independent Executors must publish a notice to creditors in a newspaper of general circulation in Floyd County (e.g., Floyd County Hesperian-Beacon) within one month of receiving Letters.
- Mail notice: Send notice to secured creditors and beneficiaries as required by the Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed. At the hearing, the judge reviews the application, hears testimony (often a "prove-up"), and if approved, signs the order admitting the will to probate and issuing Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries
- Inventory and appraise all estate assets within 90 days (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 of closing estate (if applicable)
Local Requirements
Floyd County-Specific Procedures
- Filing Fees: The base fee for probating a will is approximately $360.00. Always verify the exact amount with the County Clerk before filing.
- Filing Cutoff Times: Filings are accepted until 4:00 PM Monday through Thursday and 2:00 PM on Friday.
- Hearings: Hearings are typically scheduled through the County Judge's coordinator or the County Clerk.
- Pro Se Litigants: While allowed, Texas courts often require an attorney for probate representation because an executor represents the interests of third parties (beneficiaries/creditors).
- Publication: Notice to creditors is typically published in the Floyd County Hesperian-Beacon.
Check with the County Clerk for any specific local standing orders regarding guardianship or ad litem appointments.
Timeline & Fees
Filing Fees (Floyd County)
- Probate of Will / Muniment of Title: approximately $360.00
- Small Estate Affidavit: approximately $360.00 (verify with clerk, sometimes lower)
- Guardianship: approximately $360.00
- Issuance of Letters: ~$2.00 per copy
- Posting Citation: Included in base fee usually, or ~$25.00
- Publication costs: Varies by newspaper (approx. $50-$150)
Texas law sets executor compensation at 5% of funds received and paid out, unless the will specifies otherwise.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (credit cards may incur a convenience fee).
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The mandatory 10-day posting period means the hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Floyd County Court Resources
- Court Website: https://www.co.floyd.tx.us/page/floyd.County.Clerk
- Probate Self-Help: https://guides.sll.texas.gov/probate
- Texas Probate Forms: https://www.txcourts.gov/rules-forms/forms/
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Legal Aid of NorthWest Texas: (800) 933-4557 — Provides free civil legal services to low-income residents.
Publication
- Floyd County Hesperian-Beacon: (806) 983-3737 — https://www.hesperianbeacononline.com