Overview
Mills County is located in Texas with a population of approximately 4,563. The Mills 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 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, which is available if the value of the estate (excluding homestead and exempt property) is $75,000 or less. Another option is the Muniment of Title, used when there is a will but no need for administration (e.g., no debts other than a mortgage).
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. If the will specifies this or all beneficiaries agree, the executor can act largely without court approval after being appointed.
This guide provides an informational overview of the Mills 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
Mills County Court
Probate matters in Mills County are handled at the Mills County Courthouse.
Address: 1011 4th Street, Goldthwaite, TX 76844
Phone: (325) 648-2711 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (Deed recording typically closes at 4:30 PM)
The County Clerk's office serves as the clerk of the court for probate matters. The Constitutional County Judge presides over probate hearings.
Parking and Access
Free street parking is generally available around the courthouse square in Goldthwaite. 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: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may be able to file an affidavit instead of full probate.
- Muniment of Title: If there is a will and no debts (except a mortgage), this process transfers title to 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 of Will and Issuance of Letters Testamentary (or Application for Letters of Administration) with the Mills County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (approximately $360.00 - $400.00)
- Civil Case Information Sheet
Texas courts now mandate e-filing for attorneys. Pro se litigants (representing themselves) may still be able to file in paper, but e-filing is encouraged.
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, you must publish a notice to creditors in a newspaper of general circulation in Mills County (e.g., The Goldthwaite Eagle) within one month of receiving Letters.
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" of the will), and if approved, signs the order admitting the will to probate.
Step 5: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Notify secured creditors and beneficiaries within specific statutory timelines
- Inventory and appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- In an independent administration, the process is often closed by filing a "Closing Report" or "Notice of Closing Estate."
Local Requirements
Mills County-Specific Procedures
- E-filing: Texas mandates e-filing for all civil and probate cases filed by attorneys.
- Hearings: Hearings are generally held in the County Court. Call the County Clerk to schedule a hearing date after the mandatory posting period.
- Publication: Notice to creditors is typically published in The Goldthwaite Eagle.
- Local Rules: Always check with the County Clerk for any unwritten local preferences regarding the submission of proposed orders or courtesy copies for the judge.
Timeline & Fees
Filing Fees (Mills County)
- Probate of Will / Letters Testamentary: approximately $360.00 - $400.00 (Includes local base fee + state consolidated fees)
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Issuance of Letters: ~$2.00 per certificate
- Publication costs: approximately $50-$150 depending on the newspaper
Note: Fees are subject to change. The "Local County Base Fee" for probate is often listed around $223.00, but state consolidated fees add significantly to the total.
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: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period means the hearing cannot occur sooner than roughly two weeks after filing.
Local Resources
Mills County Court Resources
- Court Website: millscountytx.gov
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Texas RioGrande Legal Aid: (888) 988-9996 — Provides free legal services to eligible low-income residents.
Publication
- The Goldthwaite Eagle: (325) 648-2244 — Newspaper of general circulation for probate notices.