Estate Planning & Probate in Midland County, Texas
Most Midland County estate questions come down to one fork: avoid probate before a death, or work through it after one. This page points you to the right path—planning ahead, or settling an estate at the County Court.
Someone died — settling an estate
Filing probate at the County Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Midland County →Planning ahead as a property owner
Keep a Midland County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Midland County →The Probate Process in Midland County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Midland, probate runs through the County Court at 500 North Loraine Street, 4th Floor, Midland.
Full Midland County probate guide: cost, how to file & attorneys →Probate Court Record
Midland County Court
Midland County
Phone
Hours
Office
Website
E-filing
Self-represented filing
How to file probate in Midland County →
Verified October 16, 2026 · Source
Recording Office Record
County Clerk
Midland County
Phone
Hours
Office
Website
Recording fee
Verified October 17, 2026 · Source
Vital Records Office Record
County Clerk
Midland County · County Clerk, Land and Vitals
Phone
Hours
Office
Website
Certified copies
Order online
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Midland County · Office of the Medical Examiner
Phone
Office
Website
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the County Court
The Law Library on the courthouse's first floor is a resource center for people handling probate on their own behalf. The court gives no legal advice.
The probate court requires professional dress from attorneys and clients: no shorts, flip-flops or men's hats, no food, drink or gum, and cell phones off or left outside the courtroom. Heirship and guardianship applications are $1,110, which includes a $750 attorney ad litem fee.
Forms for Planning and Settling an Estate in Texas
Free Texas forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Texas.
Last Will and Testament
In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Texas, a pour-over will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Texas allows a choice for a healthcare power of attorney: 2Health & Safety Code § 166.164Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Texas requires explicit durability language for a power of attorney to survive incapacityTex. Est. Code § 751.0021Verified Oct 21, 2026View source, and it is signed before a notaryTex. Est. Code § 751.0021Verified Oct 21, 2026View source.
Tools for Planning and Settling an Estate in Texas
Free calculators and checklists to plan or settle an estate in Texas: will and trust costs, probate, executor pay and taxes. Run each tool for Texas.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
Do I Need Probate?
In Texas, estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death, a court filing short of full probate.
Who Inherits Without a Will?
Texas is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Texas, descendants divide what passes to them per capita with representationTex. Est. Code § 201.101Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursTex. Est. Code § 121.052Verified Oct 21, 2026View source to inherit.
How Much Does Probate Cost?
Probate on a $500,000 estate in Texas costs an estimated $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Texas Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Midland County.
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