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Probate Case Information
Effective August 1, 2015 Electronic Filing is required in Midland County in all civil cases, including family and probate cases, by attorneys in appellate courts, district courts, statutory county courts, constitutional county courts and statutory probate courts.
CIVIL CASE INFORMATION SHEET
Effective 12/11/2018 Civil Case information sheet is no longer required to be filed with any civil original petition or application, including probate, guardianship and mental health filings. Misc. Docket No. 18-9163 Supreme Court of Texas, Texas Rule of Civil Procedure 78A is repealed.
Probate Filing Fees
Local Government Code 118 and Government Code 51
Effective 1/1/2022 New Base Consolidated Filing Fees. SB 41. Issuance and service fees are not included. Effective 9/1/2023 a $750.00 Attorney Ad Litem fee is include with Heirship and Guardianship filing fees.
| Item | Cost |
|---|---|
| Application to probate will for Letters Testamentary | $360.00 |
| Application to probate will as a Muniment of Title | $360.00 |
| Application for Letters of Administration | $360.00 |
| Application for Determination of Heirship | $1110.00 |
| Small Estate Affidavit | $360.00 |
| Application for Guardianship (Adult) | $1110.00 |
| Application for Guardianship (Minor under 12) | $1110.00 |
| Application for Temporary Guardianship (Adult) | $1110.00 |
| Application for Temporary Guardianship (Minor under 12 | $1110.00 |
| Application for Mental Health Services | $520.00 |
| Adverse Probate Action | $120.00 |
All Other Fees
| Item | Cost |
|---|---|
| Inventory, Appraisement and list of claims *if filed after the 90th day after the date qualified or filed after the granted extension date. | $25.00 |
| Affidavit in lieu of filing Inventory | No Fee |
| County Judge signature | $2.00 |
| Approving Bond | $5.00 |
| Filing Claim | $10.00 |
| Issuing Letters or Abstracts | $2.00 |
| Issuing Citations | $8.00 |
| Personal service by the Sheriff's Office | $100.00 |
| Posting by the Sheriff's Office | $30.00 |
| Citation by publication | $100.00 |
| Service by certified mail | $100.00 |
| Non certified paper copies per page | $1.00 |
| Non certified electronic copies $0.10 per page minimum $1.00 per document | $0.10 |
| Clerk's certification | $5.00 |
| Exemplified or Authenticated certificate | $10.00 |
| Will for safekeeping | $5.00 |
| Registration for private professional guardian | $30.00 |
TO BE CHARGED 120 DAYS AFTER INITIAL FILING DATE OR AFTER ORDER APPROVING INVENTORY
| Item | Fee |
|---|---|
| Any document more than 25 pages | $25.00 |
| Annual or final account of the estate | $25.00 |
| Application for sale of personal or real property | $25.00 |
| Annual or final report of the person | $10.00 |