Overview
Midland County is located in Texas with a population of approximately 183,587. The Midland County Court at Law 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 or an 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 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 minimizes court supervision and can significantly reduce costs and delays. Statutory executor commissions are generally 5% of sums received and paid out in cash, with specific exceptions.
This guide provides an informational overview of the Midland 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
Midland County Courthouse
Probate matters in Midland County are handled at the Midland County Courthouse.
Address: 500 N Loraine Street, Midland, TX 79701
Phone: (432) 688-4402 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The County Clerk's office is located on the 4th floor. The County Court at Law presides over most probate cases.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Visitors must pass through security screening upon entry; cell phones and electronic devices may be restricted in courtrooms.
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, no unpaid debts (except secured real estate), and no need for administration.
- 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 Midland County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Midland County via eFileTexas.
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.
- Serve notice: If no will exists, or in certain other cases, personal service or waiver of citation may be required for heirs.
- Publish notice: For independent administrations, publish a Notice to Creditors in a newspaper of general circulation in Midland County (e.g., Midland Reporter-Telegram) within one month of receiving Letters.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 10 to 14 days after filing (once the posting period expires). At the hearing, the judge reviews the application, 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 required statutory timeframes
- 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 expenses
- File federal income tax returns (and estate tax returns if applicable)
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Midland County-Specific Procedures
- E-filing: Mandatory for all attorneys filing civil and probate cases.
- Hearing Scheduling: Hearings are typically scheduled by contacting the Court Coordinator.
- Local Rules: Midland County has specific Local Rules of Practice that govern docket calls and courtroom decorum.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Midland County, such as the Midland Reporter-Telegram.
Consult the Midland County Clerk's Probate Department for the most current checklist of required documents for your specific type of filing.
Timeline & Fees
Filing Fees (Midland County)
- Probate of Will / Administration: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Citation by Posting: included in base fee or approx. $100.00 if separate
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
Fees are subject to change. Check the current fee schedule on the County Clerk's website.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. Convenience fees apply to card payments.
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 means the initial hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Midland County Court Resources
- Court Website: Midland County Clerk
- Probate Department: Probate Case Information
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- Midland County Bar Association: Local attorney directory and resources.
- Legal Aid of NorthWest Texas: (800) 933-4557 — Low-income legal assistance.
- State Bar of Texas Lawyer Referral: texasbar.com
Publication
- Midland Reporter-Telegram: (432) 682-5311 — mrt.com