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Johnston County, OK Probate Information
Quick facts
| Item | Johnston County details |
|---|---|
| Court | District Court of Johnston County |
| Filing office | Johnston County Court Clerk |
| Courthouse address | Johnston County Courthouse, 403 W. Main, Suite 201, Tishomingo, OK 73460 |
| Mailing address | Mail goes to the courthouse street address. |
| Phone | (580) 371-3281 |
| Fax | 580-371-2199 appears in a 2022 legal information directory, while the current court clerk and ODCR contact listings do not list a fax. Call before faxing anything. |
| Hours | Weekdays, 8:30 a.m. to 4:30 p.m.; open at noon. |
| Filing fee | The current 28 O.S. § 152 fee schedule, last amended effective November 1, 2025, lists probate and guardianship at $135.00 (28 O.S. § 152(A)(3)). Current as of August 2026, the Dispute Resolution System cost is $7.00 (12 O.S. § 1809(A)). Call the Johnston County Court Clerk to confirm the total collected at filing. |
| Local forms | Johnston County does not publish a local probate packet, cover sheet or checklist. Oklahoma uses a civil cover sheet, but not a statewide petition packet. |
| E-filing | Johnston County is not one of Oklahoma's attorney e-filing counties. File the opening petition on paper at the counter or by mail. |
| Case search | Johnston County dockets are on ODCR, with entries beginning February 25, 1997. |
| Remote appearance | Videoconferencing may be allowed in the judge's discretion under 20 O.S. § 130 and Rule 34. Ask the court clerk when the hearing is set. |
| Website | johnston.okcounties.org/offices/court-clerk |
Before you begin — know the assets and liabilities
Before you file in Tishomingo, make a working list of the decedent's accounts, debts, real property, vehicles, mineral interests, beneficiary designations and any transfer-on-death deed. The right estate settlement path depends on what must be moved through the District Court of Johnston County and what already passes outside probate.
Sunset's 2,300-institution asset discovery helps families find accounts and assets before the petition is prepared, so the Johnston County filing can match the property that actually exists.
Which court handles jurisdiction
Probate for Johnston County is filed with the Johnston County Court Clerk at the Johnston County Courthouse, 403 W. Main, Suite 201, Tishomingo, OK 73460. The case is in the District Court of Johnston County, which sits in Oklahoma's Twentieth Judicial District together with Love, Carter, Murray and Marshall counties.
Oklahoma venue is county based. If the decedent was an Oklahoma resident, the proper venue is the district court in the county where the decedent resided at death, regardless of where death occurred. For a nonresident decedent, 58 O.S. § 5 gives the sequence for choosing an Oklahoma county based on where the decedent died and where Oklahoma property is located.
The jurisdiction process
- Collect the death certificate, the original will if there is one, asset information, debt information and names and addresses for heirs, devisees and known creditors.
- Choose the Oklahoma procedure that fits the estate. Some personal property may be handled by a small estate affidavit under 58 O.S. § 393 without a court filing. Other estates may use summary administration under 58 O.S. § 245, a regular probate, or a later request to dispense with regular proceedings under 58 O.S. § 241.
- Prepare the petition, Oklahoma civil cover sheet and any supporting papers. Johnston County does not publish a local probate packet, so the petition must be drafted to fit the estate and Oklahoma law.
- File the opening papers on paper with the Johnston County Court Clerk at 403 W. Main, Suite 201, Tishomingo, or by mail. Johnston County is not on Oklahoma's attorney e-filing list, and a new probate case cannot be opened electronically in any Oklahoma county.
- Pay the filing costs. The current 28 O.S. § 152 fee schedule, last amended effective November 1, 2025, lists probate and guardianship at $135.00 (28 O.S. § 152(A)(3)); current as of August 2026, the Dispute Resolution System cost is $7.00 (12 O.S. § 1809(A)). Ask the Johnston County Court Clerk for the current total before mailing a filing.
- After filing, obtain a hearing date before the district judge or associate district judge assigned to the matter. Oklahoma probate requires noticed hearings for the main orders, including admission of a will, appointment of the personal representative and final distribution.
- Give notice as Oklahoma law requires. The personal representative publishes and mails notice to creditors, and the notice states a presentment date. A claim not presented by that date is barred forever under 58 O.S. § 333.
- If a party wants testimony by videoconferencing, request it under 20 O.S. § 130 and Rule 34. The presiding judge decides whether to allow it, and Rule 34 requires advance notice for remote testimony unless the judge shortens the time.
- After appointment, the personal representative receives letters testamentary or letters of administration, takes the required oath, handles any bond the court orders, gathers assets, deals with creditor claims, and asks for authority to sell property if needed.
- When administration is ready to close, file the final account or closing papers and a petition for distribution. After the final hearing, the court enters a decree of distribution and discharge. A decree affecting land must be recorded with the county clerk in every county where the land is located, including the Johnston County county clerk for Johnston County land (58 O.S. §§ 247, 711).
Forms and documents
Probate forms in Johnston County
Johnston County does not publish a local probate packet, local probate cover sheet or local probate checklist for estates filed in Tishomingo. The court clerk accepts filings, but the office does not choose the probate route or draft the petition for you.
Oklahoma has a civil cover sheet with probate case type codes, but the petition, notices, proposed orders and letters still need to be prepared for the facts of the estate. If the estate may use summary administration, dispensing with regular proceedings or a small estate affidavit, confirm the procedure before filing.
Local nuance
Johnston County-specific considerations
| Local point | What it means in Johnston County |
|---|---|
| Shared judicial district | Johnston County shares Oklahoma's Twentieth Judicial District with Love, Carter, Murray and Marshall counties, but Johnston County probate is filed at the Johnston County courthouse in Tishomingo. |
| Twentieth District local rule on interim attorney fees | Rule 3.1 says a request to pay a personal representative's attorney before the estate closes must be personally signed by the personal representative, cover services already performed, avoid delaying closing or harming solvency, and be needed for orderly administration. |
| Inactive probate docket | Twentieth District Rule 1.9 allows probate matters to be placed on a disposition docket at the Chief Judge's discretion, with notice before dismissal. |
| Chickasaw Nation place context | Tishomingo is the historic capital of the Chickasaw Nation. The Chickasaw Nation District Court is a separate tribal forum located in Ada, not the District Court of Johnston County. |
| Restricted or trust land | Property held in trust or under federal restriction is not settled through the ordinary Johnston County process, and families in that position should call Oklahoma Indian Legal Services. |
Recent updates
| Change | What changed |
|---|---|
| Summary administration amount | Effective August 12, 2026, 58 O.S. § 245 was amended by Laws 2026, HB 2650 to make $300,000 the current summary administration amount. |
| Combined notice publication rule | Changes to 58 O.S. § 246 under Laws 2026, HB 4339 take effect November 1, 2026. |
Scenarios
| Situation | Likely Johnston County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | First check whether the home passed outside probate through joint tenancy, a beneficiary designation or a transfer-on-death deed. If a court order is needed, file in Tishomingo with the Johnston County Court Clerk. | Sunset helps identify title clues, accounts and debts before the family starts an estate settlement in the wrong lane. |
| Out-of-state adult child w/ small estate | Some personal property may be collected by affidavit under 58 O.S. § 393 without filing in Tishomingo. If a court case is needed, a nonresident decedent may qualify for summary administration under 58 O.S. § 245. | Sunset helps organize the asset list, generate the probate packet when court is needed, and connect the family with local counsel. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires a court case, appointment of a personal representative and authority from the District Court of Johnston County. The current 28 O.S. § 152 fee schedule, last amended effective November 1, 2025, lists a $43.00 charge for a proceeding to sell or lease property or a mineral interest in probate or guardianship (28 O.S. § 152(A)(5)). | Sunset helps assemble the filing information, locate accounts and assets, and route the estate settlement to a Johnston County attorney when the sale needs court approval. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Johnston County Court Clerk | Accepts probate filings, collects filing costs and can tell you how to submit papers in Tishomingo. Staff cannot give legal advice, choose a procedure or draft papers. | Johnston County Courthouse, 403 W. Main, Suite 201, Tishomingo, OK 73460; (580) 371-3281 |
| Legal Aid Services of Oklahoma, Ardmore office | Free civil legal help for low-income Oklahomans, subject to eligibility and case type priorities. The Ardmore office serves Johnston County. | 14 E Street Southwest, Ardmore, OK 73401; 580-226-4863; 800-421-8007; statewide application line 1-888-534-5243 |
| Oklahoma Indian Legal Services | Helps with restricted land title, wills clinics for elders and mineral interest issues for tribal members. | (405) 943-6457; in-state 800-658-1497 |
| ODCR | Johnston County district court dockets are searchable on ODCR, with entries beginning February 25, 1997. | www1.odcr.com |
When to hire an attorney
A Johnston County probate attorney is especially useful when the estate includes a house, mineral interests, creditor disputes, heirs who disagree, restricted or trust land questions, or a request to sell property before closing. Counsel can also prepare the petition, notices, proposed orders and letters for filing in Tishomingo. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets
Sunset searches across financial institutions to help families identify accounts, policies and assets that may be part of the Johnston County estate settlement.
Generate the probate packet
Sunset turns the family intake into an organized probate packet for the District Court of Johnston County, including the information a local attorney needs to prepare the filing.
Find a local probate attorney
When a court filing, sale of property, creditor issue or hearing is involved, Sunset can connect the family with an Oklahoma probate attorney familiar with county level estate settlement.
Sunset is free for families
Sunset is free for families. The platform helps organize the work, reduce missed assets and move the probate process forward without adding another bill.
Frequently asked questions
Where do I file probate in Johnston County?
File with the Johnston County Court Clerk at the Johnston County Courthouse, 403 W. Main, Suite 201, Tishomingo, OK 73460. The case is in the District Court of Johnston County.
Does Johnston County share a courthouse with other Twentieth Judicial District counties?
No. Johnston County shares Oklahoma's Twentieth Judicial District with Love, Carter, Murray and Marshall counties, but Johnston County probate is filed in Tishomingo with the Johnston County Court Clerk.
Can I e-file a Johnston County probate?
No. Johnston County is not on Oklahoma's attorney e-filing list. File the opening papers on paper at the counter or by mail, and remember that a new Oklahoma probate case cannot be opened electronically in any county.
How do I look up a Johnston County probate case?
Johnston County dockets are on ODCR. ODCR lists Johnston County entries beginning February 25, 1997, and docket searching is available through www1.odcr.com.
Does Johnston County publish local probate forms?
Johnston County does not publish a local probate packet, local cover sheet or local checklist. Oklahoma uses a civil cover sheet, but the petition and other papers must be prepared for the estate.
What is the filing fee for probate in Johnston County?
The current 28 O.S. § 152 fee schedule, last amended effective November 1, 2025, lists probate and guardianship at $135.00 (28 O.S. § 152(A)(3)). Current as of August 2026, the Dispute Resolution System cost is $7.00 (12 O.S. § 1809(A)). Call the Johnston County Court Clerk before mailing payment because the total collected may include other statutory costs.
Can I appear by video for a Johnston County probate hearing?
Videoconferencing may be allowed under 20 O.S. § 130 and Rule 34, but it is up to the presiding judge. Ask the Johnston County Court Clerk about the judge's procedure when the hearing is set.
Do I have to travel to Tishomingo if I live out of state?
You may be able to file by mail and work with a local attorney, but hearings are still set by the District Court of Johnston County. If you want to present testimony remotely, ask about Rule 34 well before the hearing.
Can the Johnston County Court Clerk help me choose the right probate procedure?
No. The court clerk accepts filings and collects costs, but the office cannot give legal advice, draft a petition or decide whether the estate should use an affidavit, summary administration or another procedure.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.