Nothing makes a DFW heir sell by a set date, but local probate courts hold the four-year line closely. Denton's court says a will offered after four years is admitted only as a muniment of title, and Tarrant posts a sample order for that case. Most new filings cost $360 to $404.
The statewide answer is in our Texas guide to time limits on inherited property: no law forces a sale, but the fourth anniversary of the death changes which probate tools you can use. This page shows how the probate courts in Tarrant, Dallas, Collin and Denton counties handle those deadlines, what they charge, and the local rules that slow families down.
Where DFW estates are filed
Each of the four core counties has its own statutory probate court, and the county clerk's probate division takes the filings.
DFW probate courts: Tarrant County Probate Courts No. 1 and No. 2, 100 W. Weatherford St., Fort Worth · Dallas County Probate Courts, George Allen Courts Building, 600 Commerce St., Dallas · Denton County Probate Courts No. 1 and No. 2, with Court No. 1 at 3900 Morse St., Denton · Collin County Probate Court, 2100 Bloomdale Rd., McKinney
Estates Code Sec. 33.001 puts a will probate or administration in the county where the person lived. If the house sits in a different county, a certified copy of a heirship judgment can be recorded in that county's deed records (Sec. 202.206).
How the four-year line plays out locally
Estates Code Sec. 256.003 lets a will be admitted after four years only if the applicant was not in default, and bars letters testamentary in most late cases. DFW courts have put that into writing.
- Denton County, will cases. The court's testate policy says that after four years it can admit the will only as a muniment of title and will not grant letters testamentary. Both the application and the proof of death must explain why the applicant was not in default. The policy gives two examples that are not enough: not having the money to probate sooner, and heirs having agreed not to probate. The court also wants one disinterested witness who can identify the heirs, and it appoints an attorney ad litem if that testimony falls short.
- Denton County, no will. The intestate policy says that if the death was more than four years before the application, the applicant cannot ask for an administration except in rare cases. Heirship is still available.
- Tarrant County. Probate Court No. 1 posts sample orders for a muniment of title, a muniment after four years, and a waiver for a will probated after four years, alongside its other forms. The court notes the forms are a resource and not mandatory.
The lesson for a family that has let a parent's will sit in a drawer: the longer it sits, the more proof the court will want and the fewer options remain. A local probate attorney can tell you quickly whether your facts meet the "not in default" standard.
What the clerks charge
| Filing | Tarrant County Clerk | Dallas County Clerk |
|---|---|---|
| Probate of will for letters testamentary | $392, issuance and posting included | $360 |
| Probate of will as muniment of title | $392, issuance and posting included | $360 |
| Heirship with no administration | $360, issuance and publication not included | $360, plus a $600 ad litem deposit |
| Small estate affidavit | $404, issuance, posting, judge's signature and certified copy included | $360 |
| Citation by publication | $98 | $65 add-on, plus the newspaper's bill for heirship |
Dallas County adds $20 for a posted notice and $8 per citation issued when a case needs them. Denton County lists $360 for a new probate case. Collin County posts its own schedule; check the clerk's current version before you file.
Small estate affidavits in Tarrant and Dallas
For a parent who died without a will and left a modest estate, the small estate affidavit can be the quickest way to move a homestead into the heirs' names. The Dallas County Clerk's probate division lists what it needs at the counter: a copy of the death certificate, the $360 fee, and an application completed in full, signed, notarized and sworn by two disinterested witnesses. It adds that the person must have been deceased for 30 days before filing. Tarrant County Probate Court No. 1 links its own small estate affidavit and instructions from the court's probate page.
Remember the state limits: no will, an estate of $75,000 or less outside the homestead and exempt property, and a homestead that is the only real estate. If the parent also owned a rental or a lot, this tool will not reach it.
Heirship: no deadline, but local steps add weeks
A heirship case can be filed any time after death, but each county runs it on its own track.
- Denton County appoints an attorney ad litem in every heirship and will not appoint one until the deposit is posted. The case then goes on a compliance docket 90 days after the appointment to get a final hearing set. If an administration has to start before heirship is decided, the court allows only a dependent administration and wants the heirship heard within 60 days. With minor heirs and no will, it will not grant an independent administration.
- Dallas County bills heirship publication through the Daily Commercial Record, and that bill must be paid before the citation goes back to the clerk.
- Dallas County affidavits of heirship go to the clerk's Recording Division, not the probate counter.
Collin County: two rules to plan around
Under Rule 21(f)(12), which the Collin County Clerk cites, the original will must be filed with the clerk within three business days of e-filing, and the clerk sets no hearing until it arrives. The clerk also says the probate judge cannot appoint an executor or administrator who is not represented by a licensed attorney. The Collin County Probate Court page says uncontested probate cases are often handled by Zoom, which can save a trip to McKinney.
A DFW heir's order of operations
- Find the original will, if any, and write down the date of death. Count four years from it.
- Identify the county where the parent lived and pull up that probate court's forms and fee schedule.
- If the estate is small and there is no will, check whether the house is the only real estate before choosing a small estate affidavit.
- If there is no will and more is at stake, budget for the heirship filing, the ad litem deposit and publication.
- The order, judgment or affidavit is usually recorded in the deed records of the county where the house sits; your attorney or title company can handle that.
- Keep paying the property tax and any mortgage while the case runs.
When we buy your inherited DFW house
Cash Home Advisors is based in Fort Worth and buys houses across DFW, including inherited ones. Once the court order or recorded affidavit is in place, we can close in 7–14 days and we pay all closing costs. Every heir who signs sees the closing statement first.
Start with a cash offer request, see our service areas, or visit our Fort Worth and Dallas pages.
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Frequently asked questions
Will a Denton County court appoint an executor more than four years after a death?
Denton County's written policy for testate estates says that after four years the court can admit the will only as a muniment of title and will not grant letters testamentary. The application and proof must explain why the applicant was not in default, and the policy says a lack of money or an agreement among heirs not to probate is not enough.
What does a small estate affidavit cost in Tarrant or Dallas County?
The Tarrant County Clerk's January 2026 schedule lists $404, which includes issuance, posting, the judge's signature and a certified copy. Dallas County lists $360 and says the person must have died at least 30 days before filing.
Does Tarrant County have forms for a will found after four years?
Tarrant County Probate Court No. 1 posts sample orders titled Probate Will as Muniment after 4 years and Waiver for Will Probated After 4 Years. The court says it does not require these forms; they show attorneys the elements needed.
When does the original will have to reach the Collin County Clerk?
Under Texas Rule of Civil Procedure 21(f)(12), which the Collin County Clerk cites, the original will must be filed with the clerk within three business days of e-filing the application, and the clerk says no hearing will be set until it receives the will.
Sources
- Denton County Probate Court, Policies and Positions: Testate Estates (PDF)
- Denton County Probate Court, Policies and Positions: Decedent Died Without a Will (PDF)
- Denton County Clerk, Probate fees
- Tarrant County Probate Court No. 1, Probate (sample orders and small estate affidavit)
- 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
- Collin County Clerk, Probate
- Collin County, Probate Court
- Texas Estates Code, Chapter 256 (Sec. 256.003)
- Texas Estates Code, Chapter 33 (Sec. 33.001 venue)
- Texas Estates Code, Chapter 202 (Sec. 202.206 recording a heirship judgment)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.