Each DFW county handles heir paperwork a little differently. Dallas County charges $360 to file a small estate affidavit and sends affidavits of heirship to its Recording Division. Collin requires an attorney for appointed executors, and Denton appoints an attorney ad litem in every heirship case.
The statewide routes, from a muniment of title to a recorded heirship judgment, are laid out in our Texas guide to getting heir property in your name. This page is the local companion for Tarrant, Dallas, Collin and Denton counties: where to search, what each court or clerk posts about these filings, what recording costs, and how to protect the house while the paperwork is pending.
Search two sets of county records first
Before a family hires anyone, a half hour of searching can show what already exists. Look in two places for your parent's name:
- The deed records. The Tarrant County Clerk's real estate records page links to an official records search, and the Dallas County Clerk's Recording Division offers a non-certified online public record search. You are looking for the deed into your parent, any transfer on death deed, any affidavit of heirship a relative already recorded, and any unreleased lien.
- The probate index. Tarrant Probate Court No. 1's page links to a Probate Court Records Search, and the Dallas County Clerk's probate division lists a Probate Case Search. A case someone else already opened can change which route is left.
DFW probate courts: Tarrant County Probate Court No. 1, 817-884-1200, and No. 2, 817-884-1415, at the Tarrant County Courthouse in Fort Worth (call to confirm the courtroom) · Dallas County Clerk, Probate Courts Division, 600 Commerce St., 7th Floor, (214) 653-7099 · Collin County Probate Court, Russell A. Steindam Courts Building, 2100 Bloomdale Rd., McKinney · Denton County Probate Courts No. 1 and No. 2, 3900 Morse St., Denton (Probate Court No. 1: 940-349-2140)
Tarrant County: sample orders and an intestacy manual
Tarrant County Probate Court No. 1 publishes resources a family's lawyer can use. Its probate page lists sample orders for:
- probating a will as a muniment of title,
- probating a will as a muniment after four years, with a separate waiver form for a will probated after four years,
- independent administration together with heirship.
The court notes that it does not mandate these forms and offers them to attorneys to show the elements needed for relief. The same page links small estate affidavit instructions, an Intestacy Manual and a Probate Court Records Search. Probate Court No. 2's guide for independent executors says an executor must be represented by a licensed Texas attorney throughout the process, so plan on counsel if an administration is opened there.
Dallas County: small estates and heirship affidavits
The Dallas County Clerk's "Know Before You Come" page for the probate division answers several practical questions:
| Filing | What the Dallas County Clerk posts |
|---|---|
| Small estate affidavit | Copy of the death certificate and a $360 filing fee due at filing; application filled out completely, signed and notarized, with two disinterested witnesses; the person must have died at least 30 days before filing |
| Affidavit of heirship | Filed with the Recording Division, not the probate division |
| Copies of letters | Only the appointed representative or attorney of record may request them; ID and $2.00 per letter |
The Recording Division is at 500 Elm Street. Estates Code Sec. 203.001 treats a recorded heirship affidavit as prima facie evidence only after it has been of record for five years, so ask an attorney whether it alone will satisfy the title company handling a sale.
Collin County: an attorney from the start
The Collin County Clerk's probate page says the Collin County Probate Court cannot appoint an executor or administrator unless that person is represented by a licensed attorney. It also sets a tight deadline for the will itself: all original wills must be filed with the clerk within three business days of e-filing the application for probate, and a hearing will not be set until the original is received. Keep the original will somewhere you can reach quickly.
The Collin County Probate Court's page says uncontested probate cases are often handled by Zoom, which can save heirs who live out of town a trip to McKinney.
Denton County: how heirship cases run
Denton County's two probate courts publish a joint policy for estates where the person died without a will. Several points shape an heirship case there:
- The court automatically appoints an attorney ad litem in every determination of heirship, to represent unknown heirs and known heirs who cannot be located or have a legal disability. The deposit must be posted first, and Probate Court No. 1's page says it rose to $600 effective February 1, 2025.
- Cases go on a compliance docket 90 days after the ad litem is appointed, to get a final hearing scheduled.
- The court requires testimony from two disinterested witnesses about who the heirs are, and the testimony is put in writing and signed before the judge.
- Anyone shown in the county deed records as owning an interest in real property described in the application must be made a party.
- If any heir is a minor, the court will not grant an independent administration, so a dependent administration is the only option when one is needed.
The same policy notes that a small estate affidavit could be the most cost-effective proceeding when its statutory requirements are met.
Recording the result
Whatever route the family uses, the final step is getting a document into the deed records of the county where the house sits. Under Estates Code Sec. 202.206, a certified copy of an heirship judgment may be recorded there and indexed with the decedent as grantor and the heirs as grantees. The two largest DFW clerks post these recording fees:
- Tarrant County Clerk: $20 for the first page and $4 for each additional page.
- Dallas County Clerk: $25 for the first page, made up of $5 recording, $10 records preservation and $10 archiving, plus $4 for each additional page.
Collin and Denton County clerks post their own fee schedules.
After recording: TAD and the fraud alert
Once the record shows the heirs, update the appraisal district. For a Tarrant County house, Tarrant Appraisal District's homestead page explains what an heir owner who is not on a recorded deed must provide to claim the exemption, including an affidavit of ownership interest, the prior owner's death certificate and a recent utility bill. Dallas, Collin and Denton houses go through their own appraisal districts.
While the paperwork is pending, a house still titled to someone who has died can draw fraud. Tarrant County's free Property Fraud Alert notifies you when a name you register appears as a grantor or grantee on a recorded document. Registering your parent's name is a simple early warning.
Selling an inherited DFW house
Cash Home Advisors is based in Fort Worth and buys houses across DFW, including inherited houses. If the title work is still in progress, you can ask us about it. We can close in 7–14 days and we pay all closing costs. Every heir who signs sees the closing statement before signing.
Request a cash offer, read about selling an inherited house, or see our Fort Worth and Dallas pages.
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Frequently asked questions
What does Dallas County require to file a small estate affidavit?
The Dallas County Clerk's probate division lists a copy of the death certificate and a $360 filing fee at the time of filing. The application must be completely filled out, signed and notarized, with two disinterested witnesses, and the person must have been deceased 30 days before it is filed.
Does Denton County appoint a lawyer for unknown heirs in an heirship case?
Yes. The Denton County probate courts' policy on intestate estates says the court automatically appoints an attorney ad litem in every determination of heirship, after the applicant posts a deposit. Probate Court No. 1's page says that deposit rose to $600 effective February 1, 2025.
Does Tarrant County publish forms for a muniment of title?
Tarrant County Probate Court No. 1 posts sample orders, including probating a will as a muniment of title and as a muniment after four years. The court says it does not mandate their use and offers them as a resource for attorneys.
Can I probate a will in Collin County without a lawyer?
The Collin County Clerk's probate page says the Collin County Probate Court cannot appoint an executor or administrator who is not represented by a licensed attorney. It also says original wills must be filed with the clerk within three business days of e-filing the application.
Sources
- Tarrant County Probate Court No. 1, Probate
- Tarrant County Probate Court No. 2
- Dallas County Clerk, Probate Courts Division: Know Before You Come
- Dallas County Clerk, Recording Division
- Dallas County Clerk, Recording fees and payment
- Collin County Clerk, Probate
- Collin County, Probate Court
- Denton County Probate Courts, Policies and Positions: Decedent Died Without a Will (PDF)
- Denton County Probate Court No. 1
- Tarrant County Clerk, Real Estate Records
- Tarrant County Clerk, Property Fraud Alert
- Tarrant Appraisal District, Homestead exemption (heir owners)
- Texas Estates Code, Chapter 202 (Sec. 202.206 recording an heirship judgment)
- Texas Estates Code, Chapter 203 (Sec. 203.001 recorded heirship statements)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.