Overview
Martin County is located in Texas with a population of approximately 5,200. The Martin 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 for 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 estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. Another option is 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 provides for a statutory executor commission of 5% on all sums actually received and paid out in cash, though this can be modified by the will.
This guide provides an informational overview of the Martin 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
Martin County Court
Probate matters in Martin County are handled at the Martin County Courthouse.
Address: 301 N. Saint Peter Street, Stanton, TX 79782
Phone: (432) 607-3535 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located in the main courthouse building and serves as the filing location for probate documents.
Parking and Access
Free parking is available around the courthouse square and on adjacent streets.
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/exempt property) and there is no will.
- Muniment of Title: If there is a will but no need for administration (no debts).
- 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 Application for Probate of Will and for Issuance of Letters Testamentary with the Martin County Court. Include:
- Original Last Will and Testament
- Civil Case Information Sheet
- Certified copy of Death Certificate
- Filing fee (approx. $360)
- Proposed Order
E-filing is mandatory for attorneys and available for pro se litigants via eFileTexas.gov.
Step 3: Provide Notice
After filing, you must:
- Mail notice to beneficiaries after the will is admitted to probate (or as required by specific procedure).
- Publish notice in a newspaper of general circulation in Martin County one time (Notice to Creditors).
- Wait for the 10-day return period after the clerk posts the citation before the hearing can be held.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. 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 qualification. Secured creditors must be notified within 2 months.
- 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
Martin County-Specific Procedures
- E-filing: Martin County accepts e-filing through eFileTexas.gov.
- Hearing Scheduling: Hearings are typically held on specific days; contact the Court Coordinator to schedule.
- Proposed Orders: Must be submitted to the court prior to the hearing.
- Publication: Notice must be published in a newspaper of general circulation in Martin County for one time (Notice to Creditors).
Follows Texas Estates Code; no specific local probate rules published online.
Timeline & Fees
Filing Fees (Martin County)
- Application for Letters Testamentary: approximately $360
- Small Estate Affidavit: approximately $260
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Judge's Signature Fee: $2
Texas allows for a 5% commission on all sums actually received and paid out in cash.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards. Credit card payments are subject to 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
Creditor claim period is 4 months minimum if notice is sent.
Local Resources
Martin County Court Resources
- Court Website: co.martin.tx.us
- Probate Self-Help: Texas Law Help - Estate Administration
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Legal Aid of NorthWest Texas: (888) 529-5277 — Free legal help for low-income residents
- Texas Bar Lawyer Referral: texasbar.com
Publication
- Martin County Messenger: (432) 756-3361 — Newspaper of general circulation
- Midland Reporter-Telegram: (432) 682-5311 — Regional newspaper serving the area