What to Do When Someone Dies in Denton, Texas

Probate in Denton County runs through the Statutory Probate Courts (2): prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Denton County, settling their estate runs through the Statutory Probate Courts (2). This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Statutory Probate Courts (2)

Denton County · Probate Courts 1 and 2

Address

3900 Morse Street, Suite 100Denton, TX 76208

Fax

940-349-2141

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

County forms

Denton County has 2 statutory probate courts handling wills, guardianships, mental health commitments, and eminent domain cases. An associate judge serves both courts. Effective February 1, 2025, the ad litem deposit for probate and guardianship matters is $600.

Verified July 4, 2026 · Source

How Probate Works in Denton County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Denton, probate runs through the Statutory Probate Courts (2) at 3900 Morse Street, Suite 100, Denton. The court sits in the Probate Courts 1 and 2.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Texas intestacy law when there is no will.

Most Texas estates take 6 months to 12 months to move through this process. The 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

What Probate Costs in Denton County

What probate costs in Denton County, Texas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Statutory Probate Courts (2) at 3900 Morse Street, Suite 100, Denton. The court is part of the Probate Courts 1 and 2.

Texas charges $360Tex. Loc. Gov't Code §§ 133.151(a)(1) ($137 state consolidated), 135.102(a)(1) ($223 local consolidated); SB 41 (87th Leg., eff. 1/1/2022), amounts last amended by SB 1612 (88th Leg., eff. 1/1/2024). SB 1760 (89th Leg., eff. 9/1/2025) added only a $45 guardianship-transfer filing fee (Est. Code ch. 1023) and did not change the consolidated amounts. § 133.151(a)(1) ($137) and § 135.102(a)(1) ($223) re-confirmed verbatim 2026-09-08 against tcss.legis.texas.gov/Docs/LG/htm/LG.133.htm and LG.135.htm (the codified-text backend; the canonical statutes.capitol.texas.gov page is a JS shell that serves zero statute text). Neither section carries an 89th Leg. (2025) amendment; both last amended by SB 1612 (88th Leg.), eff. 1/1/2024.Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Statutory Probate Courts (2) (https://efile.txcourts.gov/). Self-represented filers can request a paper-filing exemption.

Estimate the costs for this estate:

Attorney fees in Texas are negotiated, typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Texas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Tex. Est. Code § 305.101Verified Sep 8, 2026View source of estate value annually.

Probate in Texas typically runs 6 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Statutory Probate Courts (2)

If you're handling probate yourself in Denton County, Texas, you can file at the Statutory Probate Courts (2) in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the Probate Courts 1 and 2.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Denton County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Original wills (must be filed in person within 3 days)

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Statutory Probate Courts (2) is realistic.

For a full cost comparison and filing checklist, see the Denton County Self-Filing Assessment.

Denton County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Complete Small Estate Affidavit

Download

Small estate affidavit packet to collect an estate without full administration

Personal Representative Information Sheet - Probate

Download

Information sheet required of personal representatives in probate matters

Before You Go

Hearing schedule

Zoom session dockets are held for both the presiding judge and the associate judge; see the court's Court Calendar and Docket Information document for current settings.

What to Bring

To file at the Statutory Probate Courts (2) you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property in Denton County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.

Deeds and other real property documents for Denton County are recorded with the County Clerk in Denton, TX 76209.

The County Clerk charges $25 for the first page plus $4 for each additional page.

Recording Office Record

County Clerk

Denton County

Recording fees

Base fee (first page)$25
Each additional page$4
Transfer tax on a TOD deedExempt

Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025

Verified September 8, 2026 · Source

Probate Attorneys Serving Denton County

Texas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Denton County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Probate attorney fees in Texas are based on reasonable compensation — typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Denton County firm to quote a structure up front.

A probate attorney files the petition with the Statutory Probate Courts (2), publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

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 PlanningEstate AdministrationTrust AdministrationProbateand 2 more

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 PlanningEstate AdministrationProbateTax Planningand 4 more

Office
450 N. Kimball Ave, Suite 140Southlake, TX 76092
See all 25 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.