Estate Planning for Denton County, Texas Property Owners

For most Denton County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Denton County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Probate Courts No. 1 and No. 2. The two tools that keep a Denton County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Denton County property passes through the Probate Courts No. 1 and No. 2 — even simple Texas probates run 4+ months and start with $360 in filing fees. Texas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Denton County

A transfer on death deed names a beneficiary who receives Denton County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a Texas transfer on death deed is signed with notary acknowledgmentTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.

Create a Texas TOD deed →Denton County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Denton County are recorded with the County Clerk at 1450 East McKinney Street, Denton, TX 76209. Phone: 1-940-349-2012. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Clerk charges $29 for the first page plus $4 for each additional page. Recording a 2-page transfer on death deed in Denton County comes to $33. No transfer tax applies to a transfer on death deed.

Denton County accepts electronic recording through CSC, ePN and Simplifile.

Recording Office Record

County Clerk

Denton County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

1450 East McKinney Street, Denton, TX 76209

Open in Google Maps

Fees

Recording fees

Base fee (first page)$29
Each additional page$4
Transfer tax on a TOD deedNo transfer tax applies to TOD deeds

Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025; Denton County Real Property Recording Fee Schedule

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Denton County

FirmDallas, TX

Burch Law

Serves 3 counties

North Dallas firm serving Dallas, Collin, and Denton counties, with founder Lorie Burch and two associate attorneys. Drafts wills, revocable living trusts, powers of attorney, and directives to physicians, handles probate, and runs a mobile notary service that brings document signings to clients at home or bedside. Initial calls are free of charge.

PracticesEstate PlanningProbateLiving WillsPower Of Attorneyand 2 more

Office
7920 Belt Line Rd, Suite 700Dallas, TX 75254
Free consultation

Solo PracticeFort Worth, TX

Catherine H. Goodman, PLLC

Serves 4 counties

Fort Worth solo practice in the Fort Worth Club Building handling independent and dependent probate administration, contested and uncontested matters, and guardianship for Tarrant County families. Catherine Goodman is board certified in estate planning and probate law and takes will contests and trust and fiduciary litigation as well as drafting wills and directives.

PracticesEstate PlanningProbateProbate LitigationTrust LitigationGuardianship

Office
306 W. 7th Street, Suite 306Fort Worth, TX 76102

FirmPlano, TX

Crain & Wooley

Serves 4 counties

Serves the Dallas-Fort Worth Metroplex from Plano, with a Mansfield office and an appointment-only Fort Worth office. Handles independent and dependent administration, muniment of title, determination of heirship, and small estate affidavits in Collin, Dallas, Tarrant, and Denton county probate courts. Planning is billed at a flat rate, probate hourly.

PracticesEstate PlanningProbateProbate LitigationGuardianshipand 4 more

Office
2805 Dallas Parkway, Suite 400Plano, TX 75093
Virtual consultations

FirmDallas, TX

Davis Stephenson, PLLC

Serves 4 counties

Serves Dallas County and the surrounding North Texas area from 100 Crescent Court in downtown Dallas. Carries probate, estate administration, and trust administration alongside its planning work, with charitable, tax, and family business planning. All four attorneys are board certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

Office
100 Crescent Court, Suite 440Dallas, TX 75201

FirmDallas, TX

Ford+Bergner LLP

Serves 4 counties

Boutique estate-law firm whose Dallas office sits downtown on Main Street, with Houston and Austin offices and fourteen attorneys. Handles probate administration, fiduciary services, contested guardianships, and estate, trust, and guardianship litigation, and says it has worked in 112 of Texas' 254 counties. Free consultation.

PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 3 more

Office
901 Main Street, 33rd FloorDallas, TX 75202
Free consultation

FirmSouthlake, TX

Guthrie Law Firm, PLLC

Serves 3 counties

Southlake and Dallas firm serving the Dallas-Fort Worth Metroplex, with attorneys carrying a combined 84 years of experience. Represents executors and administrators through probating wills, locating assets, legal notices, estate inventories, and estate and gift tax returns. Shannon Guthrie is board certified in estate planning and probate law.

PracticesEstate PlanningProbateTax PlanningBusiness Formationand 3 more

Office
450 N. Kimball Ave, Suite 140Southlake, TX 76092
See all 24 firms serving Denton County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Texas statutes and official state code. How we research.

Forms for Planning Your Estate in Texas

Free forms for planning your estate in Texas: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Texas.

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Last Will and Testament

In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Codicil to a Will

In Texas, a codicil is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code §§ 22.034, 251.104Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Texas allows a choice for a healthcare power of attorney: 2Health & Safety Code § 166.164Verified Oct 15, 2026View source witnesses or a notary.

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HIPAA Release

In Texas, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationTex. Health & Safety Code § 81.103(a), (b), (d) (Acts 1989, 71st Leg., ch. 678, § 1; last amended Acts 2015, 84th Leg., R.S., Ch. 1278, § 12); Tex. Occ. Code §§ 58.102, 58.104 (Added Acts 2003, 78th Leg., ch. 1276, § 14.001(a))Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

Texas requires explicit durability language for a power of attorney to survive incapacityTex. Est. Code § 751.0021Verified Oct 21, 2026View source, and it is signed before a notaryTex. Est. Code § 751.0021Verified Oct 21, 2026View source.

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Transfer on Death Deed

In Texas, a transfer on death deed is signed before a notaryTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source, then recorded with the county before the owner's deathTex. Estates Code 114.001 to 114.106Verified Oct 19, 2026View source.

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Lady Bird Deed

In Texas, a Lady Bird deed is recognized by court decisionsIn re Estate of Turner, No. 06-17-00071-CV (Tex. App.—Texarkana Dec. 8, 2017, pet. denied) (mem. op.)Verified Oct 23, 2026View source: the owner keeps a life estate and the power to sell or convey the property without the granteeIn re Estate of Turner, No. 06-17-00071-CV (Tex. App.—Texarkana Dec. 8, 2017, pet. denied) (mem. op.)Verified Oct 23, 2026View source.

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Vehicle Transfer on Death

Texas allows a transfer-on-death beneficiary designation on a vehicle titleTex. Transp. Code 501.0315; Tex. Estates Code ch. 115Verified Oct 21, 2026View source, filed through the Texas Department of Motor Vehicles (TxDMV), through county tax assessor-collector offices using Form VTR-121.

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How Do I Sign Estate Documents?

In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and notarization is not requiredTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Will My Estate Documents Transfer?

Texas recognizes a will signed under the law of the place where it was signedTex. Est. Code § 251.053Verified Sep 16, 2026View source; a will signed in Texas itself needs 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and notarization is not requiredTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Trust or Will: Which Costs Less?

In Texas, a will-based plan pays probate attorney fees of typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Texas runs $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source.

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How Do I Name a Guardian for My Minor Children?

In Texas, a parent names a guardian for a minor child in a will or a separate signed writingTex. Est. Code §§ 1104.053, 1104.151–1104.160Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Tex. Fam. Code § 101.003Verified Sep 16, 2026View source.

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Do I Need a Revocable Trust?

Probate in Texas takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2.2%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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