DFW probate courts do not set a sale-by date either, but local practice shapes the timeline. Denton grants only dependent administration when minor heirs inherit without a will, Collin requires an attorney for every executor, and in Tarrant a supervised sale filing costs $59.
Our Texas guide to how long an executor has to sell a house explains the statewide rule: there is no fixed sale deadline, only deadlines around the sale and remedies when an estate stalls. In DFW, the bigger timing factor is local practice. Each county's probate court decides who gets independent powers, how quickly cases must move, and what a supervised sale costs.
Who decides: the four DFW probate courts
Where executor cases are heard: Tarrant County Probate Court No. 1, 100 W. Weatherford St., Fort Worth, and Probate Court No. 2 · Dallas County Probate Courts, with the clerk's Probate Courts Division at 600 Commerce St., 7th Floor, Dallas · Collin County Probate Court, McKinney · Denton County Probate Courts No. 1 and No. 2
Estates Code Sec. 33.001 generally puts the case in the county where the parent lived, even if the house is in another DFW county. The county line still matters for one thing: sale paperwork is recorded in the deed records where the house sits.
Getting independent powers in each county
An independent executor can usually sell without asking the court first, so the type of administration is the biggest single factor in how fast a DFW house can sell.
- Denton County, estates with a will. The court's testate policy lists will language it reads as making an executor independent, such as "no other action shall be had" in probate court, "independent," "least possible court involvement" and "unfettered discretion." If the will does not provide for it, every distributee must file a sworn consent, and the court does not accept electronic signatures or DocuSign for consents or waivers. If the will lacks power-of-sale language for real property, the policy says all beneficiaries must consent before the court grants that authority under Estates Code Sec. 401.006.
- Denton County, no will. Because Sec. 401.003(b) bars an independent administration until heirship is decided, the court says a dependent administration is the only choice if administration must start first, and it wants the heirship heard within 60 days. With minor heirs and no will, it will not grant an independent administration at all. Heirs consenting to an independent administration can include a power-of-sale request in their consents.
- Tarrant County. Probate Court No. 1 posts sample orders for an independent administration with heirship, an independent administration with will annexed, and probate of a will with an agreement for independent administration. The court says it does not require these forms.
- Collin County. The clerk says the probate judge cannot appoint an executor or administrator who is not represented by a licensed attorney. Budget for counsel from the start.
What a supervised sale costs at the clerk's window
When the court must approve a sale, the filings run through the county clerk. Here are the posted January 2026 fees for the steps that matter most.
| Filing | Tarrant County Clerk | Dallas County Clerk |
|---|---|---|
| Application for sale of real property | $59, with $24 posting, $8 issuance and $2 judge's fee included | $55, order and posting fees included |
| Inventory | $27, judge's fee included | $27, order fee included |
| Annual account | $27, judge's fee included | $27, order fee included |
| Final account | $27, judge's fee included | $55, order and posting fees included |
The sale application starts the chapter 356 process, and once the house is under contract the sworn report of sale is due within 30 days (Sec. 356.551). Build those steps into any closing date you agree to.
How DFW courts keep cases moving
- Tarrant County. Probate Court No. 1 says dependent representatives handling property or funds must file annual accountings, that court staff audit every account and report and follow up on deficiencies, and that the court calls to account representatives who fail to take required actions.
- Denton County. In heirship cases, the court sets a compliance docket 90 days after it appoints the attorney ad litem, to get a final hearing on the calendar.
- Collin County. The clerk will not set a hearing until the original will is filed, which must happen within three business days of e-filing the application (Texas Rule of Civil Procedure 21(f)(12)). The Probate Court says uncontested cases are often heard by Zoom.
Paperwork a DFW buyer and title company will want
- Letters. In Dallas County, only the appointed representative or the attorney of record may request letters, with identification and $2.00 per letter.
- Proof of the power to sell. A will power of sale, an appointment order granting one, or an executor's sworn affidavit recorded in the deed records of the county where the house sits, stating the sale is necessary or advisable for a purpose in Sec. 356.251(1). Estates Code Sec. 402.053 makes those enough for a good-faith buyer.
- The court's approval order if the sale is supervised.
A DFW executor's planning list
- Read the will for independent and power-of-sale language before filing.
- If heirs must consent, attorneys typically collect sworn, wet-ink consents early, especially in Denton County.
- The inventory is due before the 91st day after qualifying.
- In a supervised sale, the application for sale needs time for posting.
- The report of sale is due within 30 days of going under contract. Your probate attorney handles these filings.
- Keep beneficiaries informed; in an independent administration, the Estates Code's 15-month accounting demand and two-year distribution petition apply in every county.
When we buy an estate house in DFW
Cash Home Advisors is based in Fort Worth and buys houses across DFW. We pay all closing costs, can close in 7–14 days, and the executor sees the closing statement before signing.
Request a cash offer, see the areas we serve, or visit our Fort Worth and Dallas pages. For deadlines before an executor is appointed, read our DFW guide to inherited property time limits.
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Frequently asked questions
What does it cost to apply for an order of sale in Tarrant or Dallas County?
The Tarrant County Clerk's January 2026 probate schedule lists $59 for an application to sell real or personal property, which includes a $24 citation by posting, an $8 issuance and a $2 judge's fee. The Dallas County Clerk's January 2026 schedule lists $55 for an application for sale of real property, with the order and posting fees included.
Will a Denton County court let heirs agree to an independent administration by DocuSign?
No. Denton County's probate policy for estates with a will says the court does not accept electronic signatures or DocuSign for consents or waivers. Consents from distributees must be sworn.
Who can pick up letters testamentary in Dallas County?
The Dallas County Clerk's probate division says only the appointed personal representative or the attorney of record may request letters, with proof of identification and $2.00 per letter.
Does Tarrant County check on executors after appointment?
Tarrant County Probate Court No. 1 says dependent personal representatives must file annual accountings, court staff audit all accounts and reports and follow up on deficiencies, and the court calls to account representatives who fail to take the actions the law requires.
Sources
- Tarrant County Probate Court No. 1, Probate
- 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, Policies and Positions: Testate Estates (PDF)
- Denton County Probate Court, Policies and Positions: Decedent Died Without a Will (PDF)
- Collin County Clerk, Probate
- Collin County, Probate Court
- Texas Estates Code, Chapter 401 (Secs. 401.003 and 401.006)
- Texas Estates Code, Chapter 402 (Sec. 402.053 affidavit recorded in deed records)
- Texas Estates Code, Chapter 356 (Secs. 356.251 and 356.551)
- Texas Estates Code, Chapter 33 (Sec. 33.001 venue)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.
