Overview
Wichita County is located in Texas with a population of approximately 130,000. The Wichita County Court at Law 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 Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) if there is no will. A Muniment of Title is another option for probating a will without administration when there are no debts other than a mortgage.
Texas law sets maximum statutory fees for executors (5% of sums received and paid out) and attorneys (reasonable fees).
This guide provides an informational overview of the Wichita 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
Wichita County Court at Law
Probate matters in Wichita County are handled at the Wichita County Courthouse.
Address: 900 7th Street, Wichita Falls, TX 76301
Phone: (940) 766-8100 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Wichita County Courthouse is located in downtown Wichita Falls. The County Clerk's office, where probate filings are processed, is located on the second floor (Room 250).
Parking and Access
Street parking is available around the courthouse square. There are also public parking lots nearby. Security screening is required upon entering the building.
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: A streamlined process to transfer title of assets when there are no debts (other than a mortgage) and no need for administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate of Will with the Wichita County Court at Law. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Civil Case Information Sheet
- Filing fee (approx. $360)
- Any additional required documents
E-filing is mandatory for attorneys and available for pro se litigants via EFileTexas.gov.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Wichita County (required for administration).
- Post notice at the courthouse (handled by the clerk/sheriff) for at least 10 days before the hearing.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify secured creditors within 2 months and unsecured creditors within 1 month.
- Inventory and appraise all estate assets within 90 days.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Wichita County-Specific Procedures
- E-Filing: Wichita County requires e-filing for all civil and probate matters for attorneys.
- Original Will: The original will must be filed with the clerk within 3 business days of e-filing the application.
- Court Coordinator: Hearings must be scheduled through the Court Coordinator.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Wichita County (e.g., Wichita Falls Times Record News).
Always check the latest local rules on the Wichita County website before filing.
Timeline & Fees
Filing Fees (Wichita County)
- Application for Probate of Will: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2.00 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Judge's Signature Fee: approximately $2.00
Texas law allows for reasonable attorney fees and a statutory executor fee of 5% of sums received and paid out in cash.
Payment Methods
The court accepts cash, credit cards, cashier's checks, and money orders. Convenience fees apply for credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 3-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Timelines can be affected by the mandatory 10-day posting period for citations and the creditor claim period.
Local Resources
Wichita County Court Resources
- Court Website: wichitacountytx.com
- Probate Self-Help: Texas Law Help
- Texas Probate Forms: Texas Judicial Branch
Legal Aid and Attorney Referrals
- Wichita County Bar Association: (940) 322-5251 — Local bar association
- Legal Aid of NorthWest Texas: (940) 723-5542 — Legal assistance for low-income residents
- Texas Bar Lawyer Referral: texasbar.com
Publication
- Wichita Falls Times Record News: (940) 767-8341 — General circulation newspaper
- The Burkburnett Informer Star: (940) 569-2191 — Local newspaper