How Does Probate Work in Collin County, Texas?
When someone dies, the last thing you need is confusion about legal requirements. Probate in Collin County depends on estate size—estates under $75,000 may qualify for a simplified procedure. The Statutory Probate Court accepts filings in person and requires e-filing for attorneys.
Do I Need Probate?
Not every estate in Collin County goes through probate. Whether the Statutory Probate Court is involved depends on how assets were owned and what planning was done beforehand.
Several categories of assets never go through the Statutory Probate Court: trust property, accounts with named beneficiaries, and anything held in joint tenancy with survivorship rights. Probate applies to what remains—assets owned solely by the deceased, including any that a pour-over will directs into an underfunded trust.
If the estate is worth less than $75,000Tex. Est. Code § 205.001/205.006Verified Apr 20, 2026, a may be available after waiting 30 daysTex. Est. Code § 205.001/205.006Verified Apr 20, 2026. Otherwise, families in Collin County go through standard probate at the Statutory Probate Court.
See what portion of this estate may require probate:
Filing at the Statutory Probate Court starts with gathering documentation: the original will, a certified death certificate, and records of the deceased's assets. Deeds, bank statements, and vehicle titles establish what was owned and how—which is what determines whether an asset goes through probate.
Texas allows independent administration, which reduces the number of court appearances and gives the executor more authority to manage estate assets without prior court approval.
Filing at the Statutory Probate Court
Probate Judge Hon. Sarah Duff presides over probate matters at the Statutory Probate Court. The clerk's office is open Monday - Friday, 8:00 AM - 4:30 PM.
Attorneys must e-file in Collin County, but families handling probate without an attorney are exempt and can file on paper at the clerk's office or by mail.
Who Inherits Without a Will?
Because Texas follows community property rules, each spouse owns an equal share of assets acquired during the marriage. When one spouse dies, only their half passes through probate at the Statutory Probate Court. The surviving spouse keeps their half automatically.
See how this estate would be distributed:
Texas provides constitutional homestead protection. The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The Statutory Probate Court can approve a family allowance of up to $45,000Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)Verified Apr 14, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Texas has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Texas recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Tex. Est. Code § 205.001/205.006
- Tex. Estates Code §§ 353.053 (in lieu of homestead), 353.102 (family allowance)
Data sourced from Texas statutes and official state code. How we research.
Statutory Probate Court
Collin County
2100 Bloomdale Rd., #12010
McKinney, TX 75071
Phone:
972-548-4100Hours:
Monday - Friday, 8:00 AM - 4:30 PM
Paper Filing Available
E-Filing Optional
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