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On / After 1/1/2008 |
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PROBATE FEES: |
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Application for Probate of Will and Issuance of Letters Testamentary |
$317.00 |
Application for Probate of Will as Muniment of Title |
$317.00 |
App.-Appointment of Independent/Dependent Administrator With Will |
$317.00 |
App.-Appointment of Administrator of Temporary Administrator |
$317.00 |
App.-Appointment of Independent/Dependent Administrator and Determination of Heirship (Includes only one citation and one posting) |
$669.00 |
Application-Determination of Heirship (Does not include personal service of citation) |
$669.00 |
Service of Citation, Per Party (Attorney specifies) |
$100.00 |
Application-Appointment of Guardian (Does not inclue personal service of citation) |
$667.00 |
Probate or Civil Adverse Action (Does not include posted notice or personal citation) |
$70.00 |
Foreign Will, Issuance of Letters of Testamentary |
$317.00 |
Foreign Will (For recording only) |
$202.00 |
Application-Sale of Minor's Property by a Parent W/O Guardianship |
$317.00 |
Small Estate Affidavit |
$204.00 |
Mental Health Suits |
$492.00 |
PROBATE MISCELLANEOUS FEES: |
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Administration of Oath |
$2.00 |
Recording Bond |
$3.00 |
Claim |
$4.50 |
Letters Testamentary, Administration, Independent Admin. (does not include copies) |
$2.00 |
Order Admitting Will to Probate and Granting Letters Testamentary or Letters of Administration |
$2.00 |
Order Admitting Will to Probate as Muniment of Title |
$2.00 |
Order Appointing Guardian and Granting Letters of Guardianship |
$2.00 |
Order of Sale of Property |
$2.00 |
Decree Confirming Sale |
$2.00 |
Decree of Participation and Distribution |
$2.00 |
Order Removing Executor, Administrator or Guardian |
$2.00 |
Order Approving Inventory |
$2.00 |
Fiat or Certificate |
$2.00 |
Filing Annual Report of a person |
$10.00 |
Filing Annual or Final Account of Estate |
$25.00 |
Filing Application for Sale of Real or Personal Property |
$25.00 |
Jury Fee, Probate |
$5.00 |
Filing an Inventory and Appraisement after 120th day after date of the initial filing of action |
$25.00 |
Copies (per page) |
$1.00 |
Certification (per document) |
$5.00 |
Records Search |
$10.00 |
Safe-keeping of a Will |
$16.00 |
Last Modified March 6, 2008
Q. What Does it mean to probate? |
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A. To probate is to carry out the wishes of the deceased. |
Q. How long does it take to probate? |
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A. Usually you can probate a will within sixty days, depending on how soon you can have the probate hearing after the application to probate is filed. |
Q. Can you probate a copy of a will? |
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A. Yes, you can probate a copy of a will but it must comply with the Probate Code. |
Q. Where do you Probate? |
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A. You should probate a will in the county where you live or where the decendent resided. There are many ways to probate:
An application to probate is filed in the County Clerk's office along with the will and a filing fee. A posting will be done and returned to the office the first Monday next after ten days. Legal papers must be prepared before the hearing. After the hearing certified copies will be issued as needed. |
Q. The bank sent me here for Letters Testamentary to close an account. What should I do? |
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A. First you must determine if you need to probate for Letters Testamentary or one of the other methods of probate. As with any legal matter, contacting an experienced attorney is always the safest choice. |
Q. I just drew up a new will. Do I need to have it recorded? |
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A. No, we do not record wills, however we will file your will for safe-keeping. There is a $16.00 fee for this service. |
Q. Does every will need to be probated? |
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A. An attorney can help you determine the legalities of the estate and whether there is a need for probate. |
Q. What do I put in an inventory in the administration of an estate? |
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A. You are required to include all real property of the estate in the State of Texas and all personal property wherever situated. |
Q. Can you recommend an attorney? |
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A. No, we can not legally recommend anyone. However, the Texas BAR Association (800-252-9690) can provide a list. You may also look in the area phone book. |
Q. When do I set the Hearing? |
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A. Contact the County Judges Office for hearing information at 972-932-0218. |
Q. What is an Attorney Ad-Litem? |
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A. An Attorney Ad-Litem is an attorney appointed by the court to represent to best interest of the other party. Not all types of Probate proceedings require an Attorney Ad-Litem. |
Q. Can I do the probate myself? |
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A. You can do the probate yourself. You can research the law library for requirements. Application forms for probate are not available in the County Clerk's office. All probate records are open to the public. (Copies may be obtained for $1.00 per page.) |
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