Overview
Titus County is located in Texas with a population of approximately 31,547. The Titus 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 if the estate's value (excluding homestead and exempt property) is $75,000 or less. Another option is 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. Executors can often act without court approval for most actions after being appointed.
This guide provides an informational overview of the Titus 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
Titus County Court
Probate matters in Titus County are handled at the Titus County Courthouse.
Address: 100 West First Street, Suite 204, Mt. Pleasant, TX 75455
Phone: (903) 577-6796 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:45 PM (closed through lunch)
The County Clerk's office serves as the clerk of the court for probate matters. The Constitutional County Judge presides over probate cases in Titus County.
Parking and Access
Public parking is available around the courthouse square in downtown Mt. Pleasant. 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 of Will and Issuance of Letters Testamentary (or Letters of Administration) with the Titus County Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $360)
- 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 administration, publish a Notice to Creditors in a newspaper of general circulation in Titus County (e.g., Mount Pleasant Tribune) within one month of receiving Letters.
- Mail notice: Send notice to secured creditors and beneficiaries as required by the Texas Estates Code.
Step 4: Attend the Hearing
The court will schedule a hearing on the application, typically 2 to 3 weeks after filing (after the 10-day posting period). 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 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
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- Close the estate (procedures vary for Independent vs. Dependent Administration)
Local Requirements
Titus County-Specific Procedures
- E-filing: Texas courts require e-filing for attorneys. Pro se applicants may file in paper but are encouraged to e-file.
- Original Will: The original will must be filed with the County Clerk within three days of electronically filing the application.
- Hearings: Hearings are generally held in the County Court. Contact the Court Coordinator to schedule.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Titus County, such as the Mount Pleasant Tribune.
Always check with the County Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Titus County)
- Probate of Will & Issuance of Letters: approximately $360
- Small Estate Affidavit: approximately $360
- Muniment of Title: approximately $360
- Certified copies of Letters: approximately $2.00 per page + $5.00 certification
- Publication costs: approximately $100-$200 depending on the newspaper
Texas law sets statutory limits on executor commissions (typically 5% of sums received and paid out), but wills often specify otherwise.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Convenience fees apply to credit card payments.
Estimated Timelines
- Simple estates (Independent Administration): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Timelines depend heavily on whether the estate qualifies for Independent Administration, which is faster and less formal than Dependent Administration.
Local Resources
Titus County Court Resources
- Court Website: https://www.co.titus.tx.us/page/coclerk.home
- Probate Self-Help: https://texaslawhelp.org/article/handling-an-estate
- Texas Probate Forms: https://guides.sll.texas.gov/probate
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Lone Star Legal Aid: (800) 733-8394 — Provides free legal aid to eligible low-income residents.
Publication
- Mount Pleasant Tribune: (903) 572-1705 — https://www.tribnow.com