Overview
Howard County is located in Texas with a population of approximately 30,833. The Howard 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. A Small Estate Affidavit can be used if the estate's value (excluding homestead and exempt property) is $75,000 or less and there is no will. A Muniment of Title is available if there is a will but no need for estate administration (no debts other than real estate liens).
Executors in Texas are generally entitled to a commission of 5% of all sums actually received and paid out in cash, though this does not apply to cash on hand at the time of death or funds held in financial institutions.
This guide provides an informational overview of the Howard 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
Howard County Court
Probate matters in Howard County are handled at the Howard County Courthouse.
Address: 300 S. Main St., Room 104, Big Spring, TX 79720
Phone: (432) 264-2213 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located in the courthouse and accepts probate filings. The court hears probate matters, guardianships, and mental health cases.
Parking and Access
Street parking is available around the courthouse square. 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.
- Muniment of Title: If there is a valid will and no unpaid debts (except for a mortgage on the homestead), you may probate the will as a Muniment of Title to transfer assets without appointing an executor.
- 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 with the Howard County Court. Include:
- Original Will
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approx. $360)
- Any additional required documents
E-filing is mandatory for attorneys and available for pro se litigants via E-File Texas.
Step 3: Provide Notice
After filing, the process involves:
- Posting Citation: The County Clerk will post a citation at the courthouse for at least 10 days to notify the public of the application.
- Notice to Beneficiaries: After the will is admitted to probate, you must send notice to all beneficiaries named in the will.
- Notice to Creditors: Publish a notice to creditors in a newspaper of general circulation in Howard County (e.g., Big Spring Herald) 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 (following the 10-day posting period). At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Creditors in a local newspaper within 1 month of receiving Letters
- Inventory and appraise all estate assets within 90 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Howard County-Specific Procedures
- E-Filing: Howard County requires e-filing for all civil and probate cases filed by attorneys.
- Proposed Orders: Submit proposed orders to the court for review prior to the hearing.
- Hearings: Hearings are typically held in the County Court. Contact the court coordinator to schedule.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Howard County, such as the Big Spring Herald.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Howard County)
- Application for Probate: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Judge's signature fee: $2.00
Texas executors are entitled to a commission of 5% of all sums actually received and paid out in cash.
Payment Methods
The court accepts credit cards, checks, and money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 2-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
Timelines are affected by the mandatory 10-day posting period for citations and the creditor claim period.
Local Resources
Howard County Court Resources
- Court Website: co.howard.tx.us
- Probate Self-Help: Texas Law Help - Probate
- Texas Probate Forms: Texas State Law Library
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Legal Aid of NorthWest Texas: (800) 955-3959 — Legal assistance for low-income residents
- State Bar Lawyer Referral: texasbar.com
Publication
- Big Spring Herald: (432) 263-7331 — Legal Notices