Overview
Wood County is located in Texas with a population of approximately 48,742. The Wood 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 simplified procedures for smaller estates, such as the Small Estate Affidavit for estates valued at $75,000 or less (excluding homestead and exempt property) where there is no will. A Muniment of Title is another option when there is a will but no need for estate administration (e.g., no debts other than a mortgage).
Executors in Texas are generally entitled to a commission of 5% of all sums actually received and paid out in cash, subject to certain statutory exceptions.
This guide provides an informational overview of the Wood 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
Wood County Court
Probate matters in Wood County are handled at the Wood County Courthouse.
Address: 100 S. Main St, Quitman, TX 75783
Phone: (903) 763-2711 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The County Court is located in the historic Wood County Courthouse in downtown Quitman. The County Clerk's office accepts probate filings and maintains records.
Parking and Access
Free parking is available around the courthouse square and in designated lots nearby. The building is accessible to the public during business hours.
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: Used when there is a will but no need for administration (no debts other than mortgage).
- 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 and Issuance of Letters Testamentary with the Wood County Court. Include:
- Original Last Will and Testament
- Death Certificate
- Civil Case Information Sheet
- Filing fee (approx. $360)
- Citation fee
E-filing is mandatory for attorneys and available for pro se litigants via EFileTexas.gov.
Step 3: Provide Notice
After filing, you must:
- Post citation at the courthouse for at least 10 days before the hearing.
- Publish notice to creditors in a newspaper of general circulation in Wood County (required within one month of receiving Letters).
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 10 to 14 days after filing (the first Monday after the 10-day posting period expires). 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 creditors — publish notice in a local newspaper 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
Wood County-Specific Procedures
- E-Filing: Wood County requires e-filing for all civil and probate cases.
- Proposed Orders: Submit proposed orders to the court at least 24 hours before the hearing.
- Hearings: Hearings are typically held on Mondays. Contact the court coordinator to schedule.
- Publication: Notice must be published in a newspaper of general circulation in Wood County for one time (Notice to Creditors).
The County Judge presides over probate matters. Contested cases may be transferred to the District Court.
Timeline & Fees
Filing Fees (Wood County)
- Probate of Will / Administration: approximately $360
- Small Estate Affidavit: approximately $360
- Certified copies of Letters: approximately $2 per certified copy
- Publication costs: approximately $50-$150 depending on the newspaper
- Citation/Posting: ~$75
Texas allows executors a 5% commission on all sums actually received and paid out in cash, with exceptions.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards (with fee). Credit card payments incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
Creditor claim periods and tax filings can extend timelines.
Local Resources
Wood County Court Resources
- Court Website: mywoodcounty.com
- Probate Self-Help: Texas Law Help - Probate
- Texas Probate Forms: Texas Judicial Branch Forms
Legal Aid and Attorney Referrals
- State Bar of Texas: (800) 252-9690 — Lawyer Referral Service
- Lone Star Legal Aid: (800) 733-8394 — Legal assistance for low-income residents
- TexasBar.com: TexasBar.com
Publication
- Wood County Monitor: (903) 569-2442 — Official newspaper for legal notices
- Winnsboro News: (903) 342-5247 — Serving northern Wood County