Press Release

Dallas County Clerk

Probate Filing Fees

Records Building - 509 Main Street, 2nd Floor, Suite 202, Dallas, Texas 75202
Phone: (214) 653-7099 • Fax: (214) 653-7695


 

MAKE CHECKS PAYABLE TO: JOHN F. WARREN, COUNTY CLERK

FILING FEES FOR DALLAS COUNTY CLERK PROBATE DIVISION    

EFFECTIVE September 1, 2013

 

Fee Increase Notice – Effective January 1, 2015

 

Applications for Probate of a will: Letters Testamentary, Muniment of Title, Administration with will Annexed. $251.00
Applications for Administration: Independent Administration, Dependent Administration, Community Administration or No Administration $251.00
Combined Application for Administration and Determination of Heirship: You will receive an additional bill from the Daily Commercial Record for publication (for the heirship proceeding) of your citation. This fee must be paid before the citation will be returned to the Clerk. NOTE: Add a $400.00 deposit fee suitable for the purpose of (upon court order) disbursement to the court appointed attorney ad litem in the case. $320.00
Application To Determine Heirship: (You will receive a separate bill from the Daily Commercial Record for the publication of your Citation. The bill must be paid before the citation will be returned.) NOTE: Add a $400.00 deposit fee suitable for the purpose of disbursement (upon court order) to the court appointed attorney ad litem in the case. $296.00
Application for Letters of Guardianship: If guardianship of the person, add a $25 Court Investigator's Service fee. If guardian of the person, add a $100 deposit for Bond fee. Other than the ward's or proposed ward's family member or an attorney: Add $10 per applicant for access to Criminal History Records. Add an additional $79 for service upon the proposed ward if being served within Dallas County by a Constable. Add an additional $4 if proposed ward is being served out of Dallas County by a Constable, Sheriff or by a Private Process Server. A proposed ward 12 years of age or older must be personally served (no exceptions). NOTE: Add a $400.00 deposit fee suitable for the purpose of disbursement  (upon court order) to the court appointed attorney ad litem in the case. $251.00
Application for Temporary Guardianship: Add $10 per applicant for access to Criminal History Records. Add an additional $79 for service upon the proposed ward if being served within Dallas County by a Constable. Add an additional $4 if proposed ward is being served out of Dallas County by a Constable, Sheriff or by a Private Process Server. A proposed ward 12 years of age or older must be personally served (no exceptions). NOTE: Add a $400.00 deposit fee suitable fro the purpose of disbursement (upon court order) to the court appointed attorney ad litem in the case. $227.00
Original Probate of A Foreign Will In The State: Add additional $24.00 for posting if letters are needed in this State. $227.00
Application for Sale of Real Property: (Section 889) $227.00
Civil Lawsuit:(Must be ancillary to an estate and have the appointment of a personal representative. Add additional $79.00 for personal service by a Constable in Dallas County or $4.00 for service out of county or by a private process server) $227.00
Petition for Declaratory Judgment or Petition in Inter pleader: (ancillary to an estate) $227.00
Application for Adjudication of Right of Survivorship Agreement $227.00
Application for Private Professional Guardian: (unless performed by the Texas Guardianship Certification Board: add $10 per applicant for access to Criminal History Records) $60.00
Application for Presumption of Death: (Unless there are assets, file with District Clerk) $227.00
Application for Successor Trustee: (Ancillary) $227.00
Ancillary Probate without Letters $227.00
Small Estate Affidavit $207.00
Mental Illness Case: citation included (add $140.00 with arrest fee) $209.00
Motion to Open Safety Deposit Box $72.00
Show Cause for Production of Will: Add $79.00 for service by Dallas County Constable or $4.00 if being served out of Dallas County or by a Private Process Server. $72.00
Emergency Intervention $72.00
Section 22/Notice of Intention to Take a Deposition/Commission: must provide copy of will (per witness). If a copy of the will is not provided, add $1 per page. $29.00
Will Deposit $5.00
Court Ordered Delayed Certificate of Birth/Death:  ($1 per page, plus $5 for certification per set) $1.00
 
CONSTABLE FEES (ADD $4 ISSUANCE FEE)
Citations issued by clerk and served by others $4.00
Writ of Execution, Garnishment, Writ of Sequestration: (Other Writs not Specifically Listed) (*Writ of Garnishment (after Judgment add $202.00) $140.00
Personal citation (served by Dallas Constable or Sheriff) $75.00
Subpoena (witness fee $10 cash ~ served by Dallas Constable or Sheriff) $75.00
TRO - Request made within an existing lawsuit/Injunction $75.00
TRO - Without an original Petition $121.00
TRO - Original Petition filed into an existing case $227.00
Published Citation/CMRRR by Clerk: (publisher’s fee billed separately) $65.00
Show Cause Notice/Citation $75.00
Writ of Possession (Writ of Possession without $20 fee for posting notice: $140.00) $160.00
Adverse Actions $85.00
Cross Action, Counter Claims, Intervention, 3rd Party Petition $70.00
Jury Fee $42.00
 
MISCELLANEOUS FEES
Abstract of Judgment $2.00
Clerk Administer Oath (per personal representative) $2.00
Claim Deposit $2.00
For any document containing 26 pages or more, a filing fee of $25.00 is due after the approval of the Inventory and Appraisal; or on the 121st day from the initial filing date, whichever occurs first.
($25 FEE DOES NOT APPLY TO CIVIL LAWSUITS)
$25.00
Decree Removing an Executor, Administrator or Guardian $1.00
Fiat, Decree, Order ($2 FEE DOES NOT APPLY TO CIVIL LAWSUITS) $2.00
Granting Letters Testamentary, Letter of Guardianship, or Administration $2.00
Approving and Recording Bond $3.00
Letters (Testamentary, Administration, Guardianship) $2.00
Temporary Guardianship Certificate $5.00
Copies (per page) Add $5.00 for certified or exemplified certificates (*Docket Sheets are not certified) $1.00
File Retrieval from Archive $2.00
Probate Estate Name Search $5.00
Affidavit of Inability to Pay Court Costs: Unless an IOLTA certificate is received; all Petitions filed with an Affidavit of Inability to Pay Court Cost will be contested with the District Attorney's Office. Unless ruled indigent, no action will be taken by the court until applicable filings fees are paid.
No Charge
Access to Criminal History Records (per applicant on Guardianship cases including proposed temporary guardian, proposed successor guardian, other than ward's or proposed ward's family member or an attorney. This fee has not been included with guardianship filing fees. $10.00
 
Pleadings within a probate matter (fee applies on the 91st day after the qualification of the Personal Representative; or on the 121st day after the initial filing, whichever occurs first) Pleadings that require a filing fee (plus $24 Posting Fee
Inventory (on the 91st day after qualification of Personal Representative ($2 order fee included) $27 Final Account ($2 order and posting fees included) $51
Annual Account ($2 order fee included) $27 Application for Sale of Real Property ($2 order and posting fees included) $51
Annual Report on Condition of Ward ($2 order fee included) $12 Application for Sale of Personal Property: Sec. 334 and 813 ($2 order and posting fees included) *NOTE: No posting if under Sec. 333: $27.00 $51
       
PLEADINGS THAT MUST BE SWORN TO BY THE APPLICANT BEFORE FILING
Final Account Application for Sale of Real and Personal Property
Annual Account - Report of Compliance Application to Open Safety Deposit Box
All Applications for Guardianship Inventory and Appraisement
Application to Determine Heirship Small Estate Affidavit - Report of Sale
Claims - Waivers - All Affidavits Application for Emergency Intervention
Application for Appointment of a Successor Executor Oaths (can be sworn by Clerk for fee of $2 per personal representative)

Clerk Fees ~ Section 118.052 ~ Local Go vt.’t Code
Appellant Judicial Fund ~ Sec. 22.2061 ~ Go vt.’t Code
Mediation Fee ~ Sec. 152.004 ~ Texas CP & R Code
Law Library ~ Sec. 323.023 ~ Local Go vt.’t Code
Additional Special Fee ~ Sec.118.064 ~ Loc. Go vt.’t Code
Court Report Fee ~ Sec. 51.601 ~ Go vt.’t Code
Records Management and Preservation Fee~ Sec. 118.0546 ~ Loc. Go vt.’t Code
Security Funds ~ 291.007 ~ Loc. Go vt.’t Code
Judicial Salary Fee ~ Sec.51.701 ~ Go vt.’t Code
Indigent Legal Services ~ Sec.51.901 ~ Go vt.’t Code
Self-Insurance Fee Per Commissioners Court Order
Issue Document Fee ~ Sec.118.051/118.059 ~ Texas Local Go vt.’t Code
Facilities Fee ~ Sec. 51.705 ~ Go vt.’t Code
Jury Fee ~ Sec.51.604 ~ Go vt.’t Code
County Judge Fee ~ Sec.118.101 ~ Local Go vt.’t Code
Probate Guardianship Fee ~ Sec.118.067 ~ Local Go vt. Code

Probate Court Investigator's Fee Per Administrative Order 2010-01

Probate Courts Administrative Order No. 2011-3

Access to Criminal History Records~Texas Local Gov't Code

Issue Document Fee~Sec. 118.064/118.059~Texas Local Gov't Code

Continuing Judicial Education Fund ~ Sec. 118.064 ~ Local Go vt.’t Code
Fees of Sheriff and Constable ~ V.T.C.A. ~ Local Go vt.’t Code ~ Paragraph 118.131

BREAKDOWN OF PROBATE FILING FEES
Clerk Fee $40 Indigent Salary Fee $10
Additional Special Fee $5 Appellant Fee $5
Mediation Fee $15 Issue Document Fee $4
Law Library $20 Facilities Fee $15
Court Reporter Fee $15 County Judge $2
Records Management Fee $5 Constable Fee (posting)
Probate Guardianship Fee
$20
$20
Security Funds $5 Electronic Filing Recovery Fee $20
Judicial Salary Fee $40 Total Fee $251
Records Preservation Fee $10 For cases that do not require posting subtract $24.00 $227

For your convenience, you can access this fee schedule on our web site: www.dallascounty.org