In DFW the probate step runs through the county where the person who died lived. Tarrant has two probate courts at 100 W. Weatherford St., Dallas has three in the George Allen Courts Building, and Collin has its own probate court. A basic new probate filing is $360 in both Tarrant and Dallas.
The statewide rules for inherited property, including who inherits without a will and the four ways to get authority to sell, are in our Texas guide to selling inherited property. This page covers the DFW side: which county's court you use, what the Tarrant and Dallas probate offices charge, what Dallas asks for at the counter, and where the finished paperwork gets recorded.
Start in the right county
Estates Code Sec. 33.001 says a case to probate a will or get letters goes in the county where the person who died resided, if they lived in Texas. That is not always the county where the house is. If your father lived in Tarrant County, the case belongs there even if the house you want to sell is a rental in another county. Once the court acts, the documents that move title, such as a recorded small estate affidavit for a homestead or a deed from the executor, go to the county clerk where the house sits.
Tarrant County probate courts
Tarrant County has two statutory probate courts in the courthouse at 100 W. Weatherford St. in Fort Worth:
- Probate Court No. 1, 817-884-1200. Its page says it is one of 24 statutory probate courts in 12 Texas counties, and that it hears wills, estate administrations, heirship determinations and guardianships, plus lawsuits related to an estate.
- Probate Court No. 2, 817-884-1415, open 8 a.m. to 4:30 p.m. Call to confirm the courtroom.
Probate Court No. 1's probate page links to a Small Estate Affidavit and Instructions packet, an Intestacy Manual, a pro se policy for people without lawyers and a probate records search. It also posts sample orders, including one for probating a will as a muniment of title after four years.
Tarrant probate costs (County Clerk cost list effective Jan. 1, 2026): basic new filing $360. Probate of a will for letters testamentary, probate of a will as a muniment of title, and independent administration are each listed at $392, including issuance and citation by posting. A small estate is $404, including the judge's signature and a certified copy. Heirship with no administration is $360, not including citation by publication. An application to sell real or personal property in an open case is $59. Letters are $2 each.
Dallas County probate courts
Dallas County's Probate Courts Division is on the 7th floor of the George Allen Courts Building, 600 Commerce St., open 8 a.m. to 4:30 p.m. weekdays. Three statutory probate courts sit there, and the division takes filing questions at (214) 653-7422. Its pages list several practical points:
- New cases: a new application includes a base fee of $360. If your filing requires posted notice, the posting fee is added as an optional service when you e-file.
- Small estates: bring a copy of the death certificate and the $360 filing fee. The application must be complete and signed and notarized with two disinterested witnesses, and the person must have died at least 30 days before filing.
- Letters: only the appointed personal representative or the attorney of record may request them, at $2 per letter, with identification.
- Attorney ad litem: where one is required, the 2026 fee schedule adds a $600 deposit.
- Affidavits of heirship are filed with the Recording Division, not the Probate Division.
Collin County probate
Collin County's Probate Court sits in the Russell A. Steindam Courts Building and handles probate, inheritance and guardianship cases. The court says uncontested probate and guardianship cases are often handled by Zoom. The County Clerk's probate page adds a rule worth knowing: the original will must be filed with the Clerk's office within three business days of e-filing the application for probate.
Recording the paperwork that moves title
When the court work is done, the title documents are recorded in the deed records where the house is located. Tarrant County charges $20 for the first page and $4 for each added page. Dallas County charges $25 for the first page and $4 for each added page. If the house was the decedent's homestead and the only real property, a small estate affidavit approved by the court can be recorded there to pass title under Estates Code Sec. 205.006.
If an heir is living in the house
Property taxes keep coming while the estate is open. Tarrant Appraisal District lets an heir who lives in the house apply for the homestead exemption even if the deed is still in the decedent's name. TAD lists the documents: an affidavit establishing ownership (TAD points to Form 114-A), a copy of the prior owner's death certificate, the property's most recent utility bill, and a citation to any court record about the applicant's ownership, if there is one. Each other heir who also lives there must sign an affidavit authorizing the application. Heirs in Dallas, Collin and Denton counties apply with their own appraisal districts.
A DFW heir's short checklist
- Confirm the county where the decedent lived; that is where the case goes.
- Find the original will, if any. In Collin County it must reach the clerk within three business days of e-filing.
- Budget the court cost for your route from the county's fee list.
- Line up a Texas probate attorney, or read the court's pro se policy if you plan to file alone.
- After the order, record the title papers in the county where the house sits.
Selling an inherited DFW house to us
Cash Home Advisors is based in Fort Worth and buys houses across DFW, including inherited houses that need work or still hold a lifetime of belongings. When the probate paperwork is ready, we can close in 7–14 days and we pay all closing costs. Every heir who signs sees the closing statement first.
Read our page on selling an inherited house, ask for a cash offer, or see the areas we serve, including Fort Worth and Dallas.
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Frequently asked questions
Which county handles probate if my mother lived in Dallas County but owned a house in Tarrant County?
Estates Code Sec. 33.001 puts venue to probate a will or get letters in the county where the decedent resided, so the case would be in Dallas County. Paperwork that transfers the Tarrant County house is then recorded there, where the property sits.
How much does it cost to file a small estate affidavit in Tarrant County?
The Tarrant County Clerk's probate cost list effective January 1, 2026, shows $404 for a small estate, which includes issuance, citation by posting, the judge's signature and a certified copy.
What does Dallas County require for a small estate affidavit?
The Dallas County Probate Division asks for a copy of the death certificate, a $360 filing fee, and a fully completed application signed and notarized with two disinterested witnesses. The person must have died at least 30 days before filing.
Where do I file an affidavit of heirship in Dallas County?
With the County Clerk's Recording Division, not the Probate Division. The Dallas County probate page says this directly.
Sources
- Texas Estates Code, Chapter 33 (Sec. 33.001 venue)
- Texas Estates Code, Chapter 205 (small estate affidavit)
- Tarrant County Probate Court No. 1
- Tarrant County Probate Court No. 1, Probate
- Tarrant County Probate Court No. 2
- Tarrant County Clerk, Probate courts cost list effective January 1, 2026 (PDF)
- Dallas County Clerk, Probate Courts Division: Know before you come
- Dallas County Clerk, Probate Courts Division FAQs
- Dallas County Clerk, Probate fee schedule effective January 1, 2026 (PDF)
- Collin County Probate Court
- Collin County Clerk, Probate
- Tarrant County Clerk, Real estate records fee schedule
- Dallas County Clerk, Recording fees and payment
- Tarrant Appraisal District, Homestead exemption (heir owners)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.