Overview
Ward County is located in Texas with a population of approximately 11,038. The Ward 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 Petition for Probate of Will and Issuance of Letters Testamentary (or 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 admitting a will to probate without administration.
Texas law allows for "Independent Administration," which significantly reduces court supervision and costs. Statutory executor commissions are generally 5% of sums received and paid out in cash, though this can vary by will terms.
This guide provides an informational overview of the Ward 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
Ward County Court
Probate matters in Ward County are handled at the Ward County Courthouse.
Address: 400 S Allen, Suite 101, Monahans, TX 79756
Phone: (432) 943-3294 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The County Clerk's office is located in the courthouse and serves as the filing location for all probate documents. The County Judge presides over probate hearings.
Parking and Access
Public parking is available around the courthouse square in Monahans. 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: If the estate is valued at $75,000 or less (excluding homestead and exempt property) and there is no will, you may file a Small Estate Affidavit.
- Muniment of Title: If there is a will but no need for administration (no debts other than real estate liens), you may probate the will as a Muniment of Title.
- 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 Ward County Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $360.00)
- Civil Case Information Sheet
E-filing is mandatory for attorneys in Texas via eFileTexas.gov. 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 Ward County (e.g., The Monahans News) within one month of receiving Letters.
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 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 timeframes
- 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
- File a closing report or notice to close the estate
Local Requirements
Ward County-Specific Procedures
- E-filing: Mandatory for all attorneys. Pro se litigants may file paper documents at the Clerk's office.
- Hearings: Hearings are generally held in the County Court. Contact the court coordinator or clerk to schedule.
- Publication: Notice to Creditors should be published in The Monahans News or another local newspaper of general circulation.
- Local Rules: Ward County generally follows the Texas Rules of Civil Procedure and the Texas Estates Code. Check with the court for any specific standing orders.
Timeline & Fees
Filing Fees (Ward County)
- Probate of Will / Administration: approximately $360.00
- Small Estate Affidavit: approximately $360.00
- Muniment of Title: approximately $360.00
- Issuance of Citation/Notice: ~$8.00 per citation
- Sheriff Posting/Service: ~$80.00 - $95.00
- Letters Testamentary/Administration: ~$2.00 per copy
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. Credit card payments 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 for the initial citation sets the minimum time before a hearing can be held.
Local Resources
Ward County Court Resources
- County Clerk Website: https://www.co.ward.tx.us/page/ward.county.clerk
- Probate Self-Help: https://guides.sll.texas.gov/probate
- Texas Probate Forms: https://guides.sll.texas.gov/probate/legal-forms
Legal Aid and Attorney Referrals
- State Bar of Texas Lawyer Referral: https://www.texasbar.com
- Legal Aid of NorthWest Texas: (888) 529-5277 — Provides free civil legal help to low-income residents.
Publication
- The Monahans News: (432) 943-4313 — Newspaper of general circulation for probate notices.