How Does Probate Work in Midland County, Texas?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. In Midland, estate size determines the process—smaller estates under $75,000 can often avoid full probate. The Probate Court accepts filings in person and requires e-filing for attorneys.
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 Probate Court at 500 North Loraine Street, 11th Floor, Midland.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.
Most Texas estates take 6 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 to 12 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified May 27, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Probate Court
Probate cases in Midland County are filed with the Probate Court, located at 500 North Loraine Street, 11th Floor, Midland, TX 79701. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM. Reach the clerk at 432-742-7777.
County Judge (Probate) Hon. Terry Johnson presides over probate matters at the Probate Court. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM.
Attorneys must e-file in Midland County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
First Steps After a Death in Midland County
Handling an estate in Midland County, Texas means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Probate Court at 500 North Loraine Street, 11th Floor, Midland.
Do I Need Probate?
Whether probate is necessary in Midland depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Probate Court at 500 North Loraine Street, 11th Floor, Midland.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Probate Court.
Estates valued under $75,000Tex. Est. Code § 205.001/205.006Verified May 27, 2026 may qualify for a simplified in Texas after waiting 30 daysTex. Est. Code § 205.001/205.006Verified May 27, 2026. Above that threshold, full probate through the Probate Court is typically required.
See what portion of this estate may require probate:
Opening probate at the Probate Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Texas allows independent administration, which gives the executor authority to manage estate assets, pay debts, and distribute property without returning to the court for approval on each step.
Who Inherits Without a Will?
Because Texas follows community property rules, each spouse owns an equal share of assets acquired during the marriage. When one spouse dies, only their half passes through probate at the Probate Court. The surviving spouse keeps their half automatically.
Use the tool below to see how Texas divides the estate:
Texas provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The Probate Court can approve a family allowance of up to $45,000Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)Verified May 27, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Texas has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Texas recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Tex. Est. Code § 205.001/205.006
- Tex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)
- Tex. Est. Code §§ 205.001/205.006
- Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)
Data sourced from Texas statutes and official state code. How we research.
Frequently Asked Questions
The Probate Court for Midland County is located in Midland, Texas. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Texas typically closes in 4–6 months. Average estates run 6–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Midland County tracks the state range unless the docket is unusually backed up.
No. Texas allows estates under $75,000 to use a small estate affidavit and skip formal probate. The waiting period is 30 days after death. Use the Texas probate decision tool to see if the estate qualifies.
When there is no will, Texas' intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Midland County probate court applies the state rules without variation. See who inherits in Texas for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Midland County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Probate Court
Midland County
500 North Loraine Street, 11th Floor
Midland, TX 79701
Phone:
432-742-7777Hours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
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