In DFW, a partition suit over an inherited house is filed with the district clerk in the county where it sits, and Tarrant and Dallas list $350 to open a civil case. If an estate is still open, the county's probate court handles dividing it. Heirship is often settled there first.
Our Texas guide to forcing the sale of inherited property explains the law: any co-owner can sue for partition, a house that cannot be divided gets sold, and the heirs' property rules give relatives a chance to buy out the co-owner who wants out. This page is the local layer for heirs whose house is in Tarrant, Dallas, Collin or Denton County: which building the case goes to, what the clerks charge, and the probate steps that usually come before it.
Two possible courts, depending on whether an estate is open
Property Code Sec. 23.002 sends a partition suit to a district court in the county where any part of the land lies. A tract that crosses a county line can be filed in either county. For most DFW families, that means a civil filing with the district clerk of the county that holds the house.
There is a second route. The Estates Code counts any matter related to the partition or distribution of an estate as a "probate proceeding" (Sec. 31.001), and in a county with a statutory probate court, that court hears every probate proceeding (Sec. 32.005). All four core DFW counties have one, so dividing a house that is still part of an open estate runs through the probate court instead. Which route fits your family turns on whether an estate was opened and who holds title today. That call belongs to a local probate or real estate attorney.
DFW probate courts: Tarrant County Probate Courts No. 1 and No. 2 at 100 W. Weatherford St., Fort Worth · Dallas County Probate Courts in the George Allen Courts Building, 600 Commerce St., Dallas · Denton County Probate Court No. 1 at 3900 Morse St., Denton · Collin County Probate Court at 2100 Bloomdale Rd., McKinney
What the district clerks list for a new civil case
These are the posted filing and service fees. They do not include attorney's fees, an appraiser, commissioners, a surveyor or the cost of a sale, which the court sets case by case.
| Item | Tarrant District Clerk (eff. Jan. 1, 2026) | Dallas District Clerk (eff. Jan. 1, 2024) |
|---|---|---|
| Filing a new civil suit | $350 | $350 (suit with no service, non-family) |
| Issuing a citation | $8 | See the separate service fee schedule |
| Constable service of a citation | $98, issuance included | See the sheriff and constable schedule |
| Service by certified mail instead | $90 | See the separate service fee schedule |
Rule 757 has the clerk issue a citation for each co-owner named in the petition, so service costs grow with the size of the family. Heirs who live out of state or cannot be found add more. Collin and Denton district clerks post their own schedules, so pull the current one before you budget.
Settling who the heirs are, county by county
A partition court has to decide each owner's share before it can divide or sell anything. When a parent died without a will and no one has formally settled who inherited, families often open an heirship case in the probate court first. Each county handles that a little differently.
- Tarrant County. The County Clerk's January 2026 probate schedule lists $360 for an heirship with no administration, $392 for independent administration with heirship, and $98 for citation by publication.
- Dallas County. The County Clerk's January 2026 schedule lists $360 for an application to determine heirship and a $600 deposit for the attorney ad litem. The clerk notes that heirship publication is billed separately by the Daily Commercial Record.
- Denton County. The court's written policy says an attorney ad litem is appointed in every heirship and the deposit must be posted first. Its court page lists that deposit at $600 since February 1, 2025. The policy also says heirship citations must be published in a local newspaper of general circulation and on the Texas Office of Court Administration's website, and the attorney arranges the newspaper notice.
- Collin County. The County Clerk's probate page says the judge will not appoint an executor or administrator who is not represented by a licensed attorney, so plan on hiring one if an administration is part of the plan.
If the heirs only need a record of who inherited, an affidavit of heirship recorded in the deed records is the lower-cost tool. In Dallas County, the clerk's probate division says those affidavits go to the Recording Division, not the probate counter.
Check the record before anyone files
Start with the appraisal district account for the house. It shows the owner name on the tax roll, which is often still the parent who died, plus the market value the district assigned. Then look at the county clerk's deed records for the last deed, any recorded affidavit of heirship and any liens. That paper trail tells a lawyer whether the house is still estate property or already belongs to the heirs as co-owners.
DFW lookups: Tarrant Appraisal District · Dallas Central Appraisal District · Collin Central Appraisal District · Denton Central Appraisal District
A DFW checklist for heirs who disagree
- Get a certified death certificate and any will, and find out whether anyone filed a probate case in the county where the parent lived.
- List every heir with a current address, including anyone out of state.
- Pull the appraisal district record and the last recorded deed.
- Ask the servicer for a payoff if the house has a mortgage, and check the tax office for past-due years.
- Get one written cash number on the house so everyone negotiates from the same figure.
- Talk to a probate or real estate attorney before filing, since the court costs come out of the family's share.
When we buy an inherited DFW house
A sale that every owner signs skips the clerk's window entirely. Cash Home Advisors is based in Fort Worth and buys houses across DFW, including inherited houses with several owners. We pay all closing costs and can close in 7–14 days, and each heir sees the closing statement before signing.
Ask for a cash offer on the inherited house, check our areas we serve, or start with our local pages for Fort Worth and Dallas. Our inherited house page covers the Texas basics.
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Frequently asked questions
Where is a partition suit filed for a house in Tarrant County?
With the Tarrant County District Clerk, for a district court in Fort Worth, since Property Code Sec. 23.002 sends partition suits to a district court in the county where the land is. The clerk's schedule effective January 1, 2026 lists $350 for a new civil suit, $8 to issue a citation and $98 for constable service including issuance.
What does Dallas County charge to open a partition case?
The Dallas County District Clerk's filing fee schedule, effective January 1, 2024, lists $350 for filing a suit with no service in a non-family case. Service and citation fees are on a separate schedule on the same page.
Do DFW heirs need an heirship case before a partition?
Not always, because the partition court itself decides each owner's share. Many families settle heirship first in the county probate court so the shares are on record. Tarrant County lists $360 for an heirship with no administration, and Dallas County lists $360 plus a $600 attorney ad litem deposit.
Where do I record an affidavit of heirship in Dallas County?
The Dallas County Clerk's probate division says affidavits of heirship are filed with its Recording Division, not the Probate Division.
Sources
- Tarrant County District Clerk, Civil filing and service fees (effective January 1, 2026)
- Dallas County District Clerk, Civil, family and juvenile fees
- Dallas County District Clerk, District civil and family filing fees (effective January 1, 2024)
- Tarrant County Clerk, Probate fee schedule (effective January 1, 2026)
- Dallas County Clerk, Probate fee schedule (effective January 1, 2026)
- Dallas County Clerk, Probate Courts Division: Know Before You Come
- Denton County, Probate Court No. 1
- Denton County Probate Court, Policies and Positions: Decedent Died Without a Will (PDF)
- Collin County, Probate Court
- Collin County Clerk, Probate
- Texas Property Code, Chapter 23 (Sec. 23.002 venue)
- Texas Estates Code, Chapter 31 (Sec. 31.001, what counts as a probate proceeding)
- Texas Estates Code, Chapter 32 (Sec. 32.005, statutory probate court jurisdiction)
- Texas Rules of Civil Procedure, Rule 757 (citation in partition), Texas Judicial Branch
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.