Texas · Ochiltree County
Ochiltree County Probate Court Guide
Probate Court information · Updated January 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingOchiltree County Clerk
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
Legal duties
Deposit the Will
Custodian of a will must deliver it to the clerk of the court that has jurisdiction. Will should be filed for probate within 4 years of death. (Texas Estates Code Section 252.001)
Creditor claim window
Creditors generally have 4 months from first publication of notice to creditors to bring claims against the estate. (Texas Estates Code Chapter 308)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Texas small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for testate administration. If no will exists, it's intestate administration.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Available for intestate estates under $75,000. Requires 30 days after death and agreement of all heirs.
- Estate value under $75,000 (excluding homestead and exempt property)
- 30 days must pass after death
- All heirs must sign the affidavit
- No will exists (intestate)
- Qualifies:
- $75,000 (excluding homestead and exempt property)
- Typical duration:
- 1-2 weeks
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Small Estate Affidavit
- Certified Death Certificate
- List of assets and liabilities
- List of heirs
Most common form of Texas probate. Executor operates with minimal court supervision.
- Will authorizes independent administration, OR
- All heirs agree in writing, OR
- Court determines independent administration is in estate's best interest
- Typical duration:
- 3-6 months
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application to Probate Will as Independent Administration
- Certified Death Certificate
- Original Will
- Oath of Independent Executor
- Proof of mailing notice to beneficiaries
Court-supervised administration required when will doesn't authorize independent administration or court orders supervision.
- Estate contains disputed matters
- Will doesn't authorize independent administration
- Heirs cannot agree
- Complex or contested situation
- Typical duration:
- 6-18 months
- Attorney:
- not required by law, though many families use one
Simplified probate when there's a valid will and no unpaid debts except secured debts. No administration required.
- Estate has no administration necessity
- All debts have been paid
- Each beneficiary receives all property they're entitled to under will
- Qualifies:
- No debt limit - requires valid will and no unpaid unsecured debts
- Typical duration:
- 1-2 months
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application to Admit Will as Muniment of Title
- Certified Death Certificate
- Original Will
- Affidavit of debts paid
Used to transfer real property without formal probate. Requires disinterested witnesses.
- Two credible witnesses (disinterested)
- Notarized affidavit
- Identifies deceased, heirs, and property
- Typical duration:
- 1-2 weeks
- Attorney:
- not required by law, though many families use one
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Ochiltree County Court Self-Help can help you understand forms and filing requirements at no cost.
Other Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Ochiltree County Clerk
WebsiteGuardianship
For minor children or incapacitated adults
Texas guardianship is governed by the Texas Estates Code and requires court approval.
See the full Texas guardianship and conservatorship guide for the court process, alternatives, and costs.
Types of Guardianship
- Guardian of Person: Guardian responsible for the physical well-being and care of the ward
Guardian Training Required
Guardian training requirements vary by county. Contact local court for approved providers.
Small Estate Options
Simplified procedures that can avoid full probate
Small estate procedure
Applies when the qualifying estate is under $75,000 (Texas Estates Code § 205.001).
Earliest filing: 30 days after death.
File Small Estate Affidavit with probate court. Available when estate value (excluding homestead and exempt property) is under $75,000.
Vehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
County Tax Assessor-Collector's Office
- Phone:
- (888) 368-4689
- Hours:
- Varies by county; typically Monday–Friday 8:00 AM – 5:00 PM CT
Vehicle titles are processed at the county tax assessor-collector's office, not at the TxDMV directly. Can be done at any county tax office in Texas, not just the county where the deceased lived.
Transfer scenarios
Surviving Spouse (Community Property)
Documents needed:
- Certified death certificate
- Current vehicle title
- Application for Texas Title (Form 130-U)
- Valid ID
If vehicle was community property, spouse already owned half
With Will — Named Beneficiary (Letters Testamentary)
Documents needed:
- Certified death certificate
- Current vehicle title
- Letters Testamentary (from probate)
- Application for Texas Title (Form 130-U)
- Valid ID
- Obtain Letters Testamentary from probate court
- Executor signs title as seller
- Beneficiary applies for new title
No Will — Small Estate Affidavit (Estate Under $75,000)
Documents needed:
- Certified death certificate
- Small Estate Affidavit (approved by court)
- Current vehicle title
- Application for Texas Title (Form 130-U)
- Valid ID
Must wait 30 days after death to use small estate affidavit
Affidavit of Heirship for a Motor Vehicle (Form VTR-262)
Documents needed:
- Certified death certificate
- Completed Form VTR-262 (Affidavit of Heirship for a Motor Vehicle)
- Current vehicle title
- Application for Texas Title (Form 130-U)
- Valid ID
Witnesses cannot be heirs or have interest in the vehicle
Forms
Fees
Title fee is $33. Registration fees vary based on vehicle type and county.
Small-estate vehicle transfer
Texas provides two paths for transferring a vehicle without full probate: (1) Small Estate Affidavit when the total estate is under $75,000 and at least 30 days have passed since death; (2) Affidavit of Heirship for a Motor Vehicle (Form VTR-262) when the vehicle value is $75,000 or less, requiring two disinterested witnesses.
Threshold: $75,000
Lost or duplicate title
If the original certificate of title is lost, misplaced, or accidentally destroyed
Apply for a duplicate title at the county tax assessor-collector's office before attempting to transfer a deceased owner's vehicle if the original is missing.
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
In Texas, vehicles are often considered exempt property under Texas Property Code § 42.002 and may pass outside of probate to surviving family members. Special situations: (1) Vehicle with lien — contact lienholder about estate, pay off or assume loan if lender allows, obtain lien release, then complete transfer. (2) Multiple heirs — all heirs apply jointly, or heirs agree to transfer to one person, or sell vehicle and divide proceeds. (3) Vehicle not titled to deceased — may need to establish ownership first; consult county tax office. Tips: bring multiple death certificates, check for outstanding tickets or fees, verify registration is current before transfer, consider whether to keep or sell before transferring.
Sources for this page (6)
The facts above come from these official sources. Verify current details with the office before filing.
- co.ochiltree.tx.ushttps://www.co.ochiltree.tx.us/page/ochiltree.County.Clerk
- co.ochiltree.tx.ushttps://www.co.ochiltree.tx.us/page/ochiltree.County.Judge
- txdirectory.comhttps://www.txdirectory.com/online/county/detail.php?id=179
- efiletexas.govhttps://efiletexas.gov/
- statutes.capitol.texas.govhttps://statutes.capitol.texas.gov/
- Texas Estates Code
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in TexasFrequently Asked Questions
How much does probate cost in Ochiltree County?
How long does probate take in Ochiltree County?
Do I need an attorney for probate in Ochiltree County?
More Texas Resources
Explore the rest of the Texas probate hub.
Start here
Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages
Verified against Ochiltree County Court on January 12, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Texas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.