Overview
King County is located in Texas with a population of approximately 215. The King 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 a Application for Probate of Will and Issuance of Letters Testamentary (or Application for Letters of Administration) 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 estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. 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 does not establish a statutory fee schedule for attorneys or executors based on a percentage of the estate; instead, fees must be "reasonable" or as set forth in the will. Executors may be entitled to a 5% commission on sums received and paid out in cash, subject to statutory limitations.
This guide provides an informational overview of the King 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
King County Court
Probate matters in King County are handled at the King County Courthouse.
Address: 1667 US-83, Guthrie, TX 79236
Phone: (806) 596-4411 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located within the courthouse. As one of the least populated counties in the United States, the court staff is small; it is recommended to call ahead to confirm availability or specific filing requirements.
Parking and Access
Free parking is generally available around the courthouse square in Guthrie. The building is accessible to the public during standard business hours.
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 file this affidavit to transfer assets without full administration.
- Muniment of Title: If there is a valid will and no unpaid debts (except a mortgage), this procedure establishes ownership of estate assets without appointing an executor.
- 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 with the King County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360, but verify with the clerk)
- Civil Case Information Sheet
- Proposed Order
Texas courts now mandate e-filing for attorneys. Pro se litigants may be able to file in paper, but should check with the clerk.
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: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in King County (such as The Texas Spur or The Paducah Post) within one month of receiving Letters.
- Mail notice: Send notice to beneficiaries named in the will and to secured creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically after the 10-day posting period has elapsed (usually the first Monday after 10 days). At the hearing, the judge reviews the application and testimony. If approved, the judge signs the order and the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and beneficiaries as required by the Texas Estates Code
- Inventory and appraise all estate assets within 90 days of qualification (or file an Affidavit in Lieu of Inventory if applicable)
- Pay valid creditor claims and estate expenses
- File federal income tax returns (and estate tax returns if the estate exceeds the federal threshold)
- Distribute assets to beneficiaries
- Close the estate (if required by the type of administration)
Local Requirements
King County-Specific Procedures
- E-filing: Texas mandates e-filing for all civil and probate cases filed by attorneys. Unrepresented parties may file in person.
- Hearings: Hearings are typically held in the County Court. Due to the county's size, hearing dates may be flexible; contact the court coordinator or clerk to schedule.
- Newspaper Publication: Since Guthrie does not have a local daily paper, notices are typically published in regional newspapers that serve King County, such as The Texas Spur or The Paducah Post.
- Local Rules: King County may not have extensive published local probate rules due to its population size; default to the Texas Estates Code and standard state procedures.
Always verify specific requirements with the King County Clerk's office at (806) 596-4411.
Timeline & Fees
Filing Fees (King County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Issuance of Letters: approximately $2.00 per copy
- Judge's Signature: approximately $2.00
- Posting Citation: approximately $25.00
Note: Fees are subject to change. Contact the County Clerk for the most current fee schedule.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee; verify with the clerk.
Estimated Timelines
- Simple estates (Independent Administration): 4-8 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The mandatory 10-day posting period for the initial citation sets the minimum wait time before a hearing can occur.
Local Resources
King County Court Resources
- County Website: http://www.co.king.tx.us
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Legal Aid of NorthWest Texas: (800) 933-4557 — lanwt.org
Publication
- The Texas Spur: (806) 271-3381 — Serves King County
- The Paducah Post: (806) 492-3501 — Serves neighboring Cottle County and King County