Overview
Moore County is located in Texas with a population of approximately 21,872. The Moore 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 a simplified procedure known as a 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 allows for "Independent Administration," which significantly reduces court supervision and costs. If the will provides for it or all beneficiaries agree, the executor can act largely free of court oversight.
This guide provides an informational overview of the Moore 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
Moore County Court
Probate matters in Moore County are handled at the Moore County Courthouse.
Address: 715 S. Dumas Ave., Room 107, Dumas, TX 79029
Phone: (806) 935-2009 (County Clerk)
Hours: Contact the County Clerk's office to verify current hours of operation.
The County Clerk's office is located on the first floor of the courthouse. This office accepts filings for probate, guardianship, and mental health cases.
Parking and Access
Public parking is available around the courthouse square. The building is accessible to persons with disabilities.
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 will, no unpaid debts (except real estate liens), 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 Moore County Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (typically ~$360)
- Civil Case Information Sheet
Moore County requires mandatory e-filing for all civil and probate cases where the party is represented by an attorney. Pro se litigants may file in person.
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 Moore County (e.g., Moore County News-Press) 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 (usually about two weeks after filing). 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 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
Local Requirements
Moore County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se litigants.
- Hearings: Hearings are generally held in the County Courtroom. Check with the court coordinator for available docket times.
- Publication: Notice to creditors should be published in the Moore County News-Press.
- Local Rules: Moore County may have specific local rules regarding courtroom decorum and docketing; always check with the clerk.
Texas requires that an attorney represent the applicant in most probate matters because the executor represents the interests of third parties (beneficiaries and creditors).
Timeline & Fees
Filing Fees (Moore County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Guardianship: approximately $360
- Issuance of Letters: ~$2.00 per copy
- Judge's Signature: ~$2.00
Fees are subject to change. Contact the County Clerk for the most current fee schedule.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Convenience fees apply to credit card transactions.
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 initial hearing cannot occur sooner than the Monday following the expiration of 10 days from filing.
Local Resources
Moore County Court Resources
- County Clerk Website: co.moore.tx.us
- Probate Self-Help: TexasLawHelp.org
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: texasbar.com
- Legal Aid of NorthWest Texas: (800) 955-3959 — Provides free civil legal help to low-income residents.
Publication
- Moore County News-Press: (806) 935-4477 — Newspaper of general circulation for legal notices.