Overview
Scurry County is located in Texas with a population of approximately 16,932. The Scurry 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 for estates valued at $75,000 or less (excluding homestead and exempt property) when there is no will. A Muniment of Title is another option when there is a will but no need for administration (e.g., no debts other than a mortgage).
Statutory executor commissions in Texas are generally capped at 5% of all sums received and paid out in cash, though this is subject to court approval and specific will provisions.
This guide provides an informational overview of the Scurry 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
Scurry County Court
Probate matters in Scurry County are handled at the Scurry County Courthouse.
Address: 1806 25th Street, Snyder, TX 79549
Phone: (325) 573-5332 (County Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The County Clerk's office is located on the 3rd floor (Suite 300). The Constitutional County Court presides over probate cases.
Parking and Access
Public parking is available around the courthouse square. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: For intestate estates valued at $75,000 or less (excluding homestead and exempt property).
- Muniment of Title: For testate estates with no debts (other than 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 Scurry County Clerk. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Filing fee (payable to Scurry County Clerk)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas and available for pro se litigants.
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 Scurry County (e.g., The Snyder News) within one month of receiving Letters.
- Mail notice: Send notice to beneficiaries and secured creditors as required by the Texas Estates Code.
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 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
- Inventory and appraise all estate assets within 90 days (or file an Affidavit in Lieu of Inventory if eligible)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a closing report or notice to close the estate
Local Requirements
Scurry County-Specific Procedures
- E-filing: Scurry County accepts e-filing. Attorneys are required to e-file.
- Small Estate Affidavit: The county provides a specific Small Estate Affidavit form.
- Hearings: Hearings are generally held in the County Court. Contact the Court Coordinator or County Clerk to schedule.
- Publication: Notice to Creditors should be published in a local newspaper such as The Snyder News.
Always check with the County Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Scurry County)
- Probate of Will / Letters Testamentary: approximately $360
- Administration / Heirship: approximately $360
- Small Estate Affidavit: approximately $250
- Muniment of Title: approximately $360
- Publication costs: approximately $100-$200 (paid directly to newspaper)
Fees are subject to change. Contact the County Clerk for the exact current fee schedule.
Payment Methods
The County Clerk accepts cash, credit cards, cashier's checks, and money orders. Credit card payments may incur a convenience fee.
Estimated Timelines
- Simple estates (Muniment of Title): 2-4 months
- Independent Administration: 4-8 months
- Complex or contested estates: 9 months to 2+ years
The mandatory 10-day posting period applies to all new probate applications.
Local Resources
Scurry County Court Resources
- County Clerk Website: co.scurry.tx.us
- Probate Forms: Guardianship & Probate Forms
- Texas Law Help: texaslawhelp.org
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: (800) 252-9690
- Legal Aid of NorthWest Texas: (800) 733-8394
Publication
- The Snyder News: (325) 573-5486 — thesnydernews.com