Probate Courts
Dallas County probate courts handle matters involving wills, deceased persons’ estates, heirship, guardianships, certain mental health proceedings, and related lawsuits. This article explains how the three probate courts and the County Clerk’s Probate Courts Division divide their responsibilities, how to search case records, where to obtain forms, how filings and payments work, and what to prepare before contacting or visiting a county office.
The probate process can involve both judicial decisions and administrative record services. The court assigned to a case conducts hearings and issues orders, while the Dallas County Clerk maintains the case file, receives filings, issues certain documents, processes service, and provides copies. The Probate Court Investigators’ Office has a separate role in guardianship cases. Understanding these differences can prevent filings, requests, and payments from being directed to the wrong office. The information below describes county procedures and public systems and should not be treated as legal advice.
Probate Court Responsibilities
Dallas County has three statutory probate courts: The Probate Court, Probate Court No. 2, and Probate Court No. 3. Each court is headed by an elected judge and may also have an associate judge and specialized staff. All three courts are located in the George Allen Courts Building.
The county’s probate courts generally handle:
Probating the wills of deceased persons.
Determining heirs when a person dies without a will.
Establishing guardianships for incapacitated adults and minors.
Supervising court-ordered involuntary mental health commitments.
Hearing lawsuits connected with a deceased person’s estate or a ward’s estate.
Hearing claims brought by or against an executor, administrator, guardian, or other personal representative.
Probate-related lawsuits may involve issues beyond the basic administration of an estate. Dallas County states that these related cases can include fiduciary disputes, product liability claims, medical malpractice matters, family law issues, and other actions connected to an estate or guardianship.
The Dallas County probate courts overview provides the court system’s description of its jurisdiction and identifies the judges and associate judges assigned to the three courts.
Clerk and Court Roles
The Dallas County Clerk serves as clerk of the county probate courts. The Clerk’s Probate Courts Division maintains the official records, receives filings, processes case documents, provides copies, handles certain payments, and supports court operations through the county’s Odyssey case management system.
The division processes approximately 5,200 cases each year. Probate court records have permanent retention, meaning older files remain part of the county’s official record system. Estate values can range from small estates to estates worth millions of dollars. The Clerk also holds special fund accounts in trust for incapacitated persons and accepts wills for deposit before the testator’s death.
The Clerk’s office does not decide contested legal issues or schedule hearings for the judges. Questions about a hearing date, judicial requirement, court-specific procedure, or pending ruling normally belong with the assigned court. Requests for copies, letters, filing information, service status, and record access generally belong with the Probate Courts Division.
The County Clerk’s Probate Courts Division page is the main official source for division services, operating information, certified documents, and record-related announcements.
Finding Probate Case Records
Publicly accessible case information can be searched through the Dallas County Courts Portal. The portal’s Smart Search feature allows users to search court records by cause number or by a party’s last and first name. Searching with a cause number is generally more precise because names may be shared by multiple people or entered in different formats.
Information to Prepare
Before searching, gather as much of the following information as the case materials provide:
The complete probate cause number.
The decedent’s or ward’s full legal name.
The approximate filing year.
The assigned probate court.
The name of the executor, administrator, guardian, applicant, or attorney.
When searching by name, enter the last and first name in the fields specified by the portal. Review the case style, filing date, case type, and assigned court before relying on a result. A similar name does not establish that the record concerns the correct person.
Portal Browser Requirements
The Courts Portal requires JavaScript and cookies. Users may receive an error if either feature is disabled or blocked by browser privacy settings. The portal also advises users to access the application through a supported, current browser. When a document must be printed, the portal recommends downloading the document first rather than printing directly from the browser.
Portal registration is required for defense attorneys and Dallas County employees only. Members of the public searching accessible court records should not assume that registration is required simply because registration options appear on the portal.
Online Documents and Certification
Documents visible through an online public record search are non-certified. A downloaded case document is not automatically a certified court copy merely because it came from an official county search system.
The County Clerk offers electronic certified court documents for purchase through its website. These documents use encrypted features and a unique County Clerk digital signature intended to make the certification tamper resistant. Electronic certified documents may be purchased online at any time. Certified copies may also be requested through electronic filing, by mail, or by visiting the Probate Courts Division.
Older and Newer Records
The Clerk separates general record inquiries according to the year of the record. Questions concerning records before 2013 may be sent to dcclosedprobaterec@dallascounty.org. Questions concerning records dated 2013 through the present may be sent to dcopenprobaterec@dallascounty.org.
An inquiry should include the probate case number and the case style, meaning the official name or title of the case. Sending only a person’s name without the cause number or filing year may make it harder for staff to identify the correct file.
Hearings and Court Assignments
All probate hearings are scheduled by the docket coordinator for the assigned court. The County Clerk does not independently select a hearing date. A filer should first confirm which of the three probate courts received the case and then contact that court’s docket coordinator.
The assigned court can usually be identified from the case record or filing acceptance information. Court-specific pages also provide procedures, forms, checklists, virtual hearing information, judicial preferences, and staff contacts. Requirements can differ by court, especially for proposed orders, uncontested proceedings, bonds, scheduling requests, and courtesy copies.
Dallas County’s probate courts may conduct proceedings electronically. Court pages provide Zoom information and instructions for participants. Members of the public may have an opportunity to observe proceedings in which all participants appear electronically, although a court may close a proceeding when necessary to protect an overriding interest. Parties and attorneys must follow the applicable virtual hearing instructions.
Probate Forms and Checklists
The county provides administrative forms through the Probate Courts Division online forms page. Available forms include:
Probate Case Information Sheet in English.
Probate Case Information Sheet in Spanish.
Probate Copy Request Form.
Probate Guardianship Case Information Sheet.
Attorney eNotification Registration Form.
Request for Redaction of Personal Information from Public Documents.
Judicial forms and procedural materials are provided separately on the probate court forms page. Those materials include an affidavit of inability to pay, independent administration guidelines, a descent and distribution chart, attorney fee petition guidelines, a small estate affidavit, and a small estate affidavit checklist.
The same page identifies court-specific documents, including bond specifications, qualification addenda, affidavits concerning debts, virtual proceeding notices, scheduling orders, and waivers of de novo hearings. A form appearing under one court’s section should not automatically be treated as a form required by all three courts.
Guardianship Documents
Guardianship forms and information require additional attention because the Probate Court Investigators’ Office participates in these cases. The electronic filing guidance states that a Guardianship Information Sheet should not be filed electronically. It should be mailed or delivered to the Probate Court Investigators’ Office.
The Probate Court Investigators’ Office investigates whether a guardianship is necessary and monitors guardianships created by all three probate courts throughout the life of the guardianship. Every Dallas County guardianship has contact with the investigators’ office and the court to which the case is assigned.
The office’s work includes reviewing health and safety considerations, monitoring whether guardians are acting in the best interests of persons under guardianship, supervising the court visitor program, investigating complaints, and reporting findings to the judge. More information is available from the official Probate Court Investigators’ Office page.
Electronic Filing Rules
Electronic filing is the process of sending case documents to the Clerk over the internet. Attorneys are required to file almost all probate pleadings electronically, subject to limited exceptions under applicable court rules. A person representing themselves is not required to file electronically but may choose to do so.
An electronic filer must use an approved Electronic Filing Service Provider. Providers may offer different optional services, so the filer must verify that the selected provider supports any needed feature, including a fee-waiver option when applicable.
Documents and Cause Numbers
Multiple documents may be included in one submission when they belong to the same cause number. A document that applies to two separate cause numbers must be submitted separately in each case. Filing a document in only one case does not place it in the record of another case, even when the cases involve related family members or estates.
Exhibits and attachments should be uploaded as separate PDF files rather than merged into one large PDF. When an exhibit is filed after the original instrument, it should be identified as a supplement to that instrument.
If the electronic filing system does not offer a filing code that exactly matches the document title, the filer may select the closest available code. The Probate Clerk can correct the code during review when necessary. The filing description should contain the document’s complete title in capital letters because that description is transmitted to the Odyssey case docket.
Proposed Orders
A proposed order should be attached to a lead document. For example, an order approving an inventory should be a separate PDF attachment to the inventory. When only a proposed order is being submitted, the electronic filing should include a cover letter as the lead document and the order as an attachment.
The county’s guidance states that the filing fee covers the order fee for inventories and appraisements, annual accounts, final accounts, and annual reports. The proposed order should therefore be submitted at the same time as the related document.
Original Will Deadline
When filing an application to probate a will, an electronic image of the original will should be filed as an exhibit or attachment. The application and will must be submitted as two separate PDF documents in the same electronic filing.
After the application and image have been electronically filed, the original will must be delivered to the County Clerk Probate Courts Division within three days. Delivery may be made through the U.S. Mail or in person. Filing only the scanned image does not satisfy the county’s instruction to submit the original will.
Will Copies
When an original will cannot be produced and an applicant seeks to probate a copy, the caption of the application must state that the original cannot be produced. The prayer for relief must request that the copy be admitted to probate. The Clerk’s staff issues service based on the prayer, so unclear wording can affect the service that is issued.
Items Requiring Direct Delivery
Corporate surety bonds, cash bond deposits, and attorney ad litem deposits cannot be submitted electronically. They must be delivered or paid directly to the County Clerk’s Probate Courts Division. Attorney ad litem and cash bond deposits must be submitted before an attorney ad litem will be appointed.
Probate courts may also require paper courtesy copies of documents longer than 10 pages. Examples identified by the county include accountings, attorney fee applications with time sheets, trust modification filings with a copy of the trust, summary judgment filings and responses, and any document requested by the court.
Fees and Payment Methods
Probate filing fees and accepted payment methods are published on the Probate Courts Division fees and payments page. The division accepts money orders, personal checks, and credit or debit cards. Money orders and personal checks must be made payable to John F. Warren, Dallas County Clerk.
The Courts Portal displays a warning that credit and debit card transactions are subject to a 2.39% convenience fee and that the portal accepts only full payments. However, the portal’s Make Payments feature is described as applying to criminal and traffic cases. Probate users should rely on the Probate Courts Division’s payment instructions rather than assuming that a criminal or traffic payment option can be used for a probate filing.
New Case and Notice Fees
The county’s probate guidance identifies a base filing fee of $360 for a new probate application. A posted notice fee is not automatically included merely because a new case is submitted. The filer must select the applicable optional services when notice is required.
The electronic filing FAQ identifies a total posted notice charge of $24, consisting of a $4 issuance fee and a $20 service fee. Omitting these optional service selections is identified as a common reason for rejection.
Attorney Ad Litem Deposit
The attorney ad litem deposit is a $500 cash bond. It may be paid by mailing a check payable to the Dallas County Clerk or by paying at the Probate Courts Division office. Because attorney ad litem deposits cannot be electronically filed, the payment should not be attached to an electronic pleading as though it were a standard filing fee.
Inventory Filing Fee
A $27 inventory filing fee applies when an inventory is filed in a case that has been open for more than 120 days or when the appointment occurred more than 90 days earlier. The fee should be selected through optional services. The proposed order fee is included with that inventory filing fee.
Oaths and Instruments
The County Clerk’s probate staff may administer or notarize oaths and other instruments. Attorneys must still file those instruments electronically. When an instrument is sworn before a judge or clerk on the prove-up date, it may be submitted on paper with orders signed by the judge. The stated fee is $2 for each document on which the judge or clerk administers the oath.
Letters and Certified Copies
Letters are official documents showing the authority of an appointed executor, administrator, guardian, or other personal representative. Only the appointed personal representative or the attorney of record may request letters. Proof of identification and payment of $2 per letter are required.
An attorney of record may submit a request for letters through electronic filing. An executor or administrator may request updated letters with payment by mail or by visiting the Probate Courts Division. Certified and exemplified copies may also be requested through electronic filing, by mail, or in person.
A requester should identify the case by cause number and case style and specify the document needed. A request for “probate papers” without identifying the document may not clearly indicate whether the requester needs letters, an order, an application, a will, an inventory, or the entire case file.
Small Estate Filings
Dallas County identifies several requirements for a small estate filing. A copy of the death certificate and a $360 filing fee must be submitted at the time of filing. The application must be completed in full, signed, notarized, and supported by two disinterested witnesses.
The decedent must have been deceased for at least 30 days before a small estate filing. Submitting the affidavit before the 30-day period has passed does not meet the county’s stated timing requirement.
The county provides both a Small Estate Affidavit and a Small Estate Affidavit Checklist. Applicants should review the checklist and complete every applicable part of the affidavit before filing. Missing signatures, missing notarization, incomplete property or debt information, or witnesses who are not disinterested can prevent the document from being ready for review.
Will Deposits
The County Clerk accepts wills for deposit before the person who made the will dies. Depositing a will requires a copy of the person’s identification and a $5 fee. A will held on deposit is different from a will submitted with an application after death.
A deposited will remains in the Clerk’s custody until the death of the testator. The deposit process does not open a probate case, appoint an executor, or constitute admission of the will to probate. Those matters occur through a court proceeding after death.
Affidavits of Heirship
An affidavit of heirship is not filed with the Probate Courts Division. Dallas County directs these documents to the Recording Division. This distinction matters because a proceeding to determine heirship in a probate court is not the same as recording an affidavit of heirship in the county’s real property records.
Delivering an affidavit of heirship to the Probate Courts Division can delay recording because that division is not the office designated to receive it. Users should identify the document type before visiting the George Allen Courts Building or submitting materials by mail.
Citations and Probate Service
The Probate Service unit handles questions concerning citations, postings, and publications. Status updates about issuances of service and other case events may be reviewed through the Probate Case Search or Smart Search in the Courts Portal.
Service fees depend on the type of service requested. A filer should review the probate fee schedule and select the appropriate optional service during filing. The base new-case fee does not automatically include every citation, posting, or publication that may be required.
For Probate Service questions, the county provides the telephone number (214) 653-7573 and the email address Probate.Service@dallascounty.org.
Common Filing Rejections
The county’s electronic filing guidance identifies fee and document-format errors as frequent reasons for rejection. Reviewing the submission before sending it can prevent avoidable delays.
Incorrect fees: The filing does not include the required base fee or optional service fee.
Posted notice omitted: The filer does not select both the issuance and service charges for a posted notice.
Documents combined incorrectly: Documents that should be separate lead documents or attachments are merged into one PDF.
Order fee omitted: A proposed order is submitted without the applicable optional order fee.
Inventory fee omitted: The $27 fee is not selected when the age of the case or appointment makes the fee applicable.
Wrong cause number: A document relating to multiple cases is submitted in only one case.
Incomplete description: The filing description does not clearly identify the complete title of the document.
A rejected filing is not the same as a judicial denial. Rejection generally means the Clerk could not accept the submission because of a filing, fee, format, or processing problem. The filer must correct the stated issue and resubmit as directed.
Mental Health Proceedings
Dallas County probate courts supervise court-ordered involuntary mental health commitments and related assessments. Mental illness warrants follow procedures that are separate from estate and guardianship filings.
Questions about obtaining a mental illness warrant may be directed to the Court Liaison at (214) 653-7418 during business hours. The number (214) 653-7485 is identified for hospital use only and should not be used as a general public probate information number.
Preparing for an Office Visit
The Know Before You Come page identifies requirements for letters, will deposits, and small estate filings. Reviewing those requirements before arriving can prevent a return visit.
Depending on the service, visitors may need:
A government-issued identification document or a copy of identification.
The complete probate cause number.
The official case style.
A copy of the death certificate.
A completed, signed, and notarized application or affidavit.
Separate PDF documents for an electronic submission.
A check or money order payable to John F. Warren, Dallas County Clerk.
The applicable filing, copy, letter, deposit, or service fee.
The assigned court number when asking about a hearing.
Users should also determine whether the request belongs with the court, the Clerk’s Probate Courts Division, the Probate Court Investigators’ Office, or the Recording Division. The fact that several offices work with probate-related matters does not make their services interchangeable.
Probate Offices and Contacts
Dallas County Clerk Probate Courts Division — 600 Commerce Street, 7th Floor, Suite 400, Dallas, TX 75202 — (214) 653-7099
The Probate Court — 600 Commerce Street, 7th Floor, Suite 100, Dallas, TX 75202 — (214) 653-7236
Probate Court No. 2 — 600 Commerce Street, 7th Floor, Suite 200, Dallas, TX 75202 — (214) 653-7138
Probate Court No. 3 — 600 Commerce Street, 7th Floor, Suite 300, Dallas, TX 75202 — (214) 653-6166
Probate Court Investigators’ Office — 600 Commerce Street, 9th Floor, Dallas, TX 75202 — (214) 653-6446
Probate Courts FAQs
How do I know which court checklist applies to my case?
Start by confirming the assigned court in the Dallas County Courts Portal. Then review that court’s own procedures rather than relying on a checklist from another probate court. Probate Court No. 2 publishes separate checklists for uncontested heirship, intestate administration, testate administration, muniment of title, and cases involving a named executor. Probate Court No. 3 provides its own scheduling instructions, judicial preferences, hearing schedules, and bond requirements. A document accepted in one court may not satisfy another court’s prove-up or scheduling practices.
Can related probate cases be assigned to one court?
When companion cases are filed at roughly the same time, the filer may request assignment to the same probate court through the electronic filing comment field. Examples may include estates involving spouses, siblings, or matters that are expected to be consolidated. The request does not guarantee reassignment. Filers should check each accepted case afterward because separate submissions can initially receive different court assignments.
Are virtual probate hearings open to the public?
Dallas County court pages provide Zoom access for certain proceedings conducted entirely online. Members of the public may generally observe those proceedings by following the posted connection instructions. However, the judge may restrict access when necessary to protect an overriding interest. Participants must also follow the court’s video-hearing rules. Visit the assigned court’s page through the official probate courts and judges directory for current links and instructions.
Which forms are court-specific?
Some documents apply broadly, while others are published for only one court. The official probate court forms page separates general materials from court-specific bond specifications, qualification addenda, virtual appearance notices, scheduling orders, and hearing waivers. Confirm the assigned court before completing or filing any court-labeled form.