Probate Courts

Tarrant County probate courts handle wills, estate administration, guardianships, certain trust matters, civil mental health commitments, and lawsuits connected to estates or wards. This article explains the roles of the probate courts and Probate Clerk’s Office, how to identify the correct court, where to search case records, what information to prepare for filings and payments, and how to avoid common filing, citation, and document-request mistakes.

Role of the Probate Courts

Probate is a court proceeding used to determine whether a will is valid and to administer a deceased person’s estate. Estate administration may include gathering assets, paying debts, taxes, and administrative expenses, and distributing remaining property to beneficiaries named in a will or otherwise entitled to inherit.

Tarrant County has two statutory probate courts. The judges are elected countywide, and each court has authority over several types of proceedings involving deceased persons, incapacitated adults, minors, trusts, and civil mental health matters. The county’s main Probate Courts page identifies both courts and provides access to court-specific information, local rules, guardianship information, and related probate services.

The probate courts generally hear matters involving:

The probate of wills.
The administration of estates when a person dies with or without a will.
The determination of a deceased person’s heirs under Texas law.
The appointment and supervision of executors, administrators, and other personal representatives.
Guardianships for incapacitated persons and minors.
The interpretation or modification of certain trust instruments.
Inter vivos, testamentary, and charitable trust matters.
Civil mental health commitment cases.
Lawsuits connected to an estate, ward, or personal representative.

The courts may also hear civil litigation related to an estate or guardianship. Depending on the dispute, these cases may involve fiduciary duties, personal injury, property damage, medical malpractice, family law issues, or claims brought by or against an estate representative.

Two Separate Probate Courts

Tarrant County Probate Court No. 1 and Probate Court No. 2 are separate courts. Each has its own judge, staff, docket, hearing procedures, and court-specific materials. A filing made with the Probate Clerk becomes part of a case assigned to one of these courts, but the clerk and the court perform different functions.

Probate Court No. 1

Probate Court No. 1 hears will and estate matters, intestate estate administrations, heirship determinations, guardianship proceedings, trust matters, involuntary mental health commitments, and lawsuits related to estates or wards. The court’s page also provides sections for hearings and trials, probate, guardianship, mental health matters, court policies, and court staff.

People with a case assigned to Court No. 1 should consult that court’s page for procedures that apply to hearings, trials, proposed orders, guardianship matters, or other court-specific requirements. Questions about scheduling should be directed to the assigned court rather than the Probate Clerk.

Probate Court No. 2

Probate Court No. 2 provides court-specific information for guardianships, decedents’ estates, contested estate litigation, small estate affidavits, mental health matters, notices, rules, fees, and forms. Its materials include guardian forms, attorney checklists, court-initiated guardianship forms, pro se policies, and information for appointed attorneys and guardians.

Some forms or checklists are limited to attorneys. Users should read the labels on the court’s forms and instructions before relying on a document. A form appearing on a court page does not necessarily mean that it applies to every case or that it may be used by a person representing themselves.

Identifying the Assigned Court

The final digit of the probate case number corresponds to the assigned probate court. This distinction matters when requesting a hearing date, contacting court staff, reviewing court-specific policies, or submitting materials that require action by the judge.

The Probate Clerk’s Office cannot schedule hearings. Once the assigned court is identified, hearing requests and scheduling questions should be directed to that court’s coordinator. Sending scheduling requests to the clerk can delay the process because the clerk maintains records and accepts filings but does not control the court’s calendar.

Probate Clerk Responsibilities

The Civil Division Probate Clerks maintain probate and guardianship records, accept probate documents, handle wills filed for safekeeping, process mental health filings, issue certain citations and documents, and receive fees associated with probate matters. The clerk’s probate office is separate from the courtrooms and judicial staff.

The county’s Probate Clerk information page contains notices, filing instructions, payment directions, e-filing materials, and procedures for obtaining case information or copies.

Users should contact the clerk for administrative questions concerning document filing, copies, clerk-issued letters, filing fees, payment processing, or record access. Questions about how a judge may rule, what legal document should be filed, or what claims a person should make are not clerk functions.

Searching Probate Case Records

Probate case information and court calendars can be viewed through the county’s court record search system. The search covers records for Probate Courts, County Courts at Law, and Justice of the Peace Courts, so users must select the appropriate location or case category when searching.

The official Tarrant County Court Records Search is the current system identified by the county. Users with an older bookmark pointing to the Tyler Technologies cloud address should update it to the Odyssey address shown by the county.

Useful search information may include:

The probate case number.
The name of the deceased person or ward.
The name of a party, applicant, executor, administrator, or guardian.
The assigned court.
The filing or hearing date, when known.

Names may appear in a different order or format than expected. When a name search produces too many results, adding the correct case location or narrowing the date range may help. A case number is generally more precise than a name because similar names can appear in unrelated proceedings.

Online case information should not be confused with a certified or official copy of a filed document. The county advises users to consult official county records when legal reliance is required. Copies of probate or guardianship documents are handled through the County Clerk Central Library, while general filing questions are handled through the Probate Clerk’s Office.

Copies of Probate Documents

Probate and guardianship records are maintained by the County Clerk. A person seeking a copy should be prepared to identify the case accurately. Providing only a person’s name may be insufficient when several cases have similar party names.

Before requesting a copy, gather:

The complete case number.
The name of the decedent or ward.
The assigned probate court.
The title of the document requested.
The approximate filing date, when available.
Whether a regular or official copy is needed.

The Probate Clerk page directs users seeking copies to the County Clerk Central Library. Asking the correct office from the beginning can prevent delays, especially when a request concerns an older filing, an order, a will, an application, or another specific document in the case file.

Wills and Safekeeping

A will connected to an existing probate case is filed with the Probate Clerk’s Office. The person submitting it should provide the assigned probate case number so the clerk can place the will in the correct case record.

A will deposited only for safekeeping is handled differently. Safekeeping deposits are made through the County Clerk Intake office rather than the second-floor Probate Clerk office. The county states that the safekeeping fee is $5 and provides separate instructions for depositing a will.

This distinction is easy to overlook:

A will connected to an active probate case goes to the probate office with the case number.
A will being deposited only for safekeeping goes to the Intake office.

An Affidavit of Heirship is also handled differently. The county states that an Affidavit of Heirship should not be filed with the probate courts. It is filed with the County Clerk Official Public Records Office.

Probate Forms and Case Information

The County Clerk maintains a page of frequently used probate forms. Available items include a Small Estate Affidavit with instructions, a statewide information sheet, supplemental probate case information, a statement of inability to afford payment, a request for redaction of a Social Security number, and forms related to private professional guardians, abstracts of judgment, and money deposited in the registry.

The Probate Supplemental Sheet is required by the probate courts. Filers should confirm that the required case information sheets and supplemental documents are included before submitting a new matter. Missing supporting documents or required information may cause a filing to be returned or rejected.

Forms should be read together with the applicable court policies and filing instructions. A form may request facts that must be supported by other records, affidavits, certificates, or proposed orders. Clerks may identify administrative filing problems, but they cannot select the proper legal procedure or complete legal forms for a filer.

Small Estate Affidavits

A new Small Estate Affidavit is filed through the County Clerk Intake office. An amendment to an existing Small Estate Affidavit is filed with the Probate Clerk’s Office because an amended filing must be placed in the existing case.

The county states that the filing fee for a new Small Estate Affidavit is $404. A person may file a Small Estate Affidavit without an attorney, but the clerk cannot provide legal advice. The availability of a form does not determine whether a particular estate qualifies for that procedure.

Before filing, users should verify that they are using the current county form and instructions. They should also distinguish between a new filing and an amendment so the documents are delivered to the correct office.

Electronic Filing Rules

Civil electronic filing is mandatory in Tarrant County for attorneys. The county’s probate e-filing page provides the Civil eFiling Quick Guide, service-provider information, civil e-filing questions, applicable court orders, and current technology standards.

Attorneys are not permitted to file paper documents at the clerk’s counter. Subsequent documents, including proposed orders, must be filed as lead documents. Filers should use the filing code that matches the document and review the filing description before submission.

When an electronic filing is rejected, the county instructs filers to review the rejection code and the clerk’s accompanying note. The rejection message may identify a missing document, incorrect filing code, unpaid fee, naming problem, or another submission issue. Refiling the same package without correcting the stated problem may result in another rejection.

The county also publishes local probate court e-filing rules and notices. Because filing standards and technology requirements can change, filers should use the current materials shown on the county website rather than relying on an older saved copy.

Probate Fees and Payments

The current Probate Fee Schedule took effect January 1, 2026. Users should review the schedule for the filing or service being requested rather than assuming that a previous fee remains in effect.

The County Clerk accepts cash, checks, credit cards, and money orders payable to the Tarrant County Clerk. Payments may be made in person or by mail. Online credit card payments are available for designated probate services.

Ad Litem Payments

For probate or guardianship ad litem payments, the payer must select the correct case type from the Payment Option dropdown. A valid case number must be entered in the Case Number field, and the name of the ward or decedent must be entered in the Notes field.

Entering the wrong case number or leaving out the ward or decedent’s name can make it harder to apply the payment to the intended case. Users should compare the number against the court record before submitting payment.

Miscellaneous Probate Fees

Filing fees, letters, citations, other legal documents, and Secure Attorney Access subscriptions or renewals use the Probate Miscellaneous Fees payment process. The payer selects “PRB Payment” under Payment Option and then selects the appropriate service under Select Type of Payment.

The case number must be entered in the Notes field. The clerk provides a separate phone line for questions about these payments. Payment through the wrong category may not satisfy the intended filing or document charge.

Letters After Appointment

Letters of Administration or Letters Testamentary may be ordered after the required probate steps have occurred. The county states that the will must have been probated, the appointment order must have been signed, the oath must have been sworn, and any required bond must have been posted.

Each letter costs $2, and all court costs and fees must be paid before letters are issued. A signed appointment order alone does not necessarily mean that letters are ready if the oath, bond, or outstanding costs remain incomplete.

Probate Citation Procedures

Citations are required for certain probate filings, including:

An application for sale.

Final accountings.

An application for partition and distribution.

An application to reduce bond when a freeze agreement has not been filed.

An application to appoint a successor guardian, administrator, or executor, unless immediate necessity is stated in the application.

An application to take written depositions.

An application to take written depositions requires an additional $4 issuance fee, a $20 constable posting fee, and an instrument fee when applicable.

The clerk may deliver a prepared citation electronically to the attorney who electronically filed the pleading. Electronic delivery does not mean electronic service. The attorney receives the citation so service can be arranged through an authorized private process server, sheriff, constable in another county, or an out-of-state service method.

Electronic Citation Requests

To request electronic delivery, the attorney prepares an issuance request letter on law office letterhead. The letter should identify the petition or document that will be attached, the person to be served, the respondent’s address, and the fees being paid.

The request letter is electronically filed as a separate lead document using the filing code “Request.” The filer selects “Issue Citation” in Optional Services and enters the required quantity. Service copies are purchased by selecting “Copies – Service” and entering the number of pages that must be attached.

If service copies are not paid for when the request is filed, the clerk will not attach them to the citation. After service is completed, the executed citation should be electronically filed under the filing code “No fee document,” with an appropriate explanation in the Filing Description.

Traditional delivery remains available. A citation may be picked up from the probate office or mailed by the clerk to the attorney’s office.

Notice to Creditors

A Notice to Creditors is mailed directly to the publisher with the required publication fees. After publication, the notice, newspaper clipping, and publisher’s affidavit are filed with the Probate Clerk’s Office.

The Probate Clerk can provide the publisher’s address. Sending publication fees to the clerk instead of the publisher or failing to return the publication materials to the case record can interrupt the required documentation process.

Guardianship Proceedings

Guardianship is a legal proceeding in which a person may be appointed to make medical, placement, or financial decisions for an incapacitated person. The courts and attorneys must consider whether less restrictive alternatives are available before a guardianship is established.

The county’s guardianship information page explains how a guardianship may begin and how a person may ask the court to investigate a possible need for a guardian.

A guardianship may be initiated through:

An application filed by an attorney.
An application filed by a court investigator, generally for an indigent incapacitated person.
An application filed by a court-appointed guardian ad litem.

A person asking the court to investigate must complete an information letter and have a health care provider complete a certificate. Less restrictive alternatives should be explored before requesting an investigation.

Developmental Disability Findings

When the claimed incapacity is based on an intellectual or developmental disability, a physician or psychologist must conduct an examination under Texas Health and Human Services rules and provide written findings and recommendations to the court.

This document is commonly called a Determination of Intellectual and Developmental Disability. It must be based on an examination conducted within the previous 24 months. Completed guardianship investigation forms may be mailed or faxed to the Probate Clerk’s Office using the contact information supplied by the county.

Annual Guardianship Reports

Annual reports for the guardianship of an incapacitated adult may be filed in person, by mail, or online through the county’s designated annual reporting process. The report must be accompanied by the required $12 filing fee.

Tarrant County probate courts also maintain court visitor programs. The courts use these programs to maintain annual contact with each person under guardianship. Guardians should review the assigned court’s requirements because guardianship forms, reporting procedures, audits, and court notices may differ according to the type of guardianship and the court supervising the case.

Mental Health Proceedings

The statutory probate courts hear civil mental health commitment matters, and mental health filings are made through the Probate Clerk’s Office. These proceedings are separate from ordinary decedent estate cases even though they are handled within the probate court system.

Probate Court No. 1 and Probate Court No. 2 provide court-specific mental health sections or forms. Users should rely on the assigned court’s current procedures and should not assume that estate filing forms or payment categories apply to a mental health matter.

Accessibility and Scanned Records

Some county probate documents were created from scanned images and may be difficult to access with assistive technology. The county provides accessibility assistance through the Probate Clerk and probate courts.

Users who cannot read a scanned form, local rule, or court document should contact the office associated with the page. Requesting assistance before completing or submitting the document can reduce the risk of missing instructions that are embedded in an image-based file.

Common Probate Filing Mistakes

Probate matters involve several offices, courts, filing categories, and payment systems. Many administrative problems result from sending the correct document to the wrong office or using the wrong case information.

Common mistakes include:

Contacting the Probate Clerk to schedule a hearing instead of contacting the assigned court coordinator.

Submitting a will without the assigned probate case number.

Taking a will for safekeeping to the probate office instead of the Intake office.

Filing an Affidavit of Heirship with the probate courts instead of Official Public Records.

Using an outdated fee schedule.

Entering an incorrect or incomplete case number during an online payment.

Failing to identify the ward or decedent in the payment notes.

Submitting subsequent e-filed documents as attachments rather than lead documents.

Ignoring the rejection code and clerk’s note after an e-filing is returned.

Requesting electronic delivery of a citation without paying for service copies.

Assuming that electronic delivery to an attorney constitutes service on the respondent.

Requesting letters before the oath, bond, or outstanding court costs have been completed.

Using a court-specific form without confirming which probate court supervises the case.

Information to Prepare

Before contacting a court or clerk, users should gather the information that identifies the case and the specific service needed. This allows staff to distinguish between record questions, filing questions, hearing requests, payment issues, and document orders.

Helpful information includes:

The complete probate case number.
The name of the decedent or ward.
The assigned probate court.
The title of the document being filed or requested.
The filing date or approximate date.
The name of the applicant, executor, administrator, guardian, or attorney.
The payment confirmation or filing envelope information when asking about a transaction.
The e-filing rejection code and clerk’s note when a submission has been returned.

Users should avoid sending sensitive personal information unless the filing instructions require it and the approved filing method is being used. The county publishes a sensitive information notice and provides a form for requesting redaction of a Social Security number.

Probate Offices

Tarrant County Probate Court No. 1

100 West Weatherford Street, Room 260A
Fort Worth, Texas 76196-0242
817-884-1200

Tarrant County Probate Court No. 2

100 West Weatherford Street, Room 150
Fort Worth, Texas 76196-0242
817-884-1415

Civil Division – Probate Clerks

Tarrant County Old Courthouse
100 West Weatherford Street, Room 233
Fort Worth, Texas 76196
817-884-1770

County Clerk Intake Office

100 West Weatherford Street, Room B90
Fort Worth, Texas 76196

County Clerk Official Public Records Office

100 West Weatherford Street, Room B20
Fort Worth, Texas 76196

Probate Courts FAQs

How do I find probate case records and hearing calendars?

Tarrant County provides an official online records system for Probate Courts, County Courts at Law, and Justice of the Peace Courts. When searching, select the appropriate court location and use details such as the case number or party name for more accurate results. If you have an older bookmark for the former Tyler Technologies portal, update it to the current Odyssey system identified by the county. You can begin with the official Online Searches Probate page.

Where can I find the latest probate forms before filing?

Tarrant County publishes commonly used probate forms through the County Clerk, including the Small Estate Affidavit with instructions, the Supplemental Probate Case Information Sheet, the Statewide Information Sheet, a Statement of Inability to Afford Payment, and a request for Social Security number redaction. Always download the current version directly from the county before submitting paperwork, since forms and filing requirements may be updated. The official Frequently Used Probate Forms page is the best source.

How can I check the current probate filing fees?

Do not rely on older fee schedules or previously saved copies. Tarrant County maintains a current probate fee schedule that reflects the fees in effect for filings and related services. Reviewing the latest schedule before submitting documents can help prevent payment issues or delayed processing. The county posts the official Probate Fee Schedule online.

What should I know before submitting documents electronically?

Attorneys must comply with the county's electronic filing requirements, and subsequent filings, including proposed orders, should be submitted as lead documents. If an electronic filing is rejected, review both the rejection code and the clerk's note before resubmitting so the identified issue can be corrected. Current filing guidance, technology standards, and local e-filing rules are available on the official Probate eFiling page.

Where can I review court-specific rules and procedures?

Each probate court maintains its own procedures, notices, and policies. Before requesting hearings, preparing filings, or using court-specific forms, review the information for the court assigned to your case. The county's Probate Courts page provides access to both Probate Court No. 1 and Probate Court No. 2, local rules, guardianship information, and other official court resources.