Required for attorneysAttorneys must e-file probate cases through eFileTexas; self-represented filers may e-file or file on paper. When an application to probate a will is e-filed, the original will goes to the clerk within three business days. On paper: Original wills: filed with the clerk on paper within three business days after the application is e-filed.
Hearing schedule
Probate Court No. 1 hears will prove-ups by Zoom on Tuesday mornings and Thursday afternoons; an associate judge hears its settings on odd-numbered days of the month.
Probate Court No. 11-940-349-2140 · 3900 Morse Street, Suite 100, Denton, TX 76208 · Monday-Friday 8:00 AM-5:00 PMWill prove-ups are heard by Zoom on Tuesday mornings and Thursday afternoons; contested matters and status conferences are on Mondays and Wednesdays.
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 Probate Courts No. 1 and No. 2 at 1450 East McKinney Street, Denton.
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. Creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present a claim, counted from the written notice the representative sends them, not from publication.
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 Probate Courts No. 1 and No. 2 at 1450 East McKinney Street, Denton.
Procedures at this court that affect cost: The ad litem deposit in probate and guardianship matters is $600.
Texas charges a $360 statewide base for an original probate filing: the $137 state consolidated fee plus the $223 local consolidated fee. Counties add charges for issuing citation and for the sheriff or constable posting notice, so county totals for a will probate run from $360 to about $520Tex. Loc. Gov't Code §§ 133.151(a)(1), 135.102(a)(1) (consolidated filing fees); SB 41 (87th Leg., Acts 2021, ch. 472)Verified Oct 17, 2026. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
Texas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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 Probate Courts No. 1 and No. 2
Probate cases in Denton County, Texas are filed at the Probate Courts No. 1 and No. 2.
Beside the filing office, the court lists separate lines for Probate Court No. 1 and Probate Court No. 2.
Can You File Without an Attorney?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
Filed with the opening petition at the Probate Courts No. 1 and No. 2: Application to admit the will to probate and/or for letters testamentary or of administration (Tex. Est. Code ch. 256 / ch. 301; contents per § 301.052) — drafted by counsel, no statewide form; Original will and any codicils, filed with the application (Tex. Est. Code ch. 256); Certified copy of the death certificate / proof of death; Citation issued by the county clerk and served — by posting where the will is produced in court — before the court may act on the application, and proof of that service (Tex. Est. Code §§ 258.001, 258.003; §§ 256.151(4), 301.151(4))Tex. Est. Code ch. 256 (probate of wills / application; § 256.052 contents; § 256.003 four-year limit to admit a will), ch. 301 (application for letters testamentary or of administration; § 301.052 contents; § 301.002 four-year deadline to apply for letters), ch. 305 (qualification & bond), ch. 306 (granting & issuance of letters); ch. 401-404 (independent administration)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Denton County
In Texas a death is registered locally, and in Denton County certified copies of the death certificate are issued by Vital Statistics, County Clerk, Denton County as well as by Texas Department of State Health Services - Vital Statistics Section.
The County Clerk issues death certificates for deaths anywhere in Denton County except the City of Carrollton, at all six clerk locations. The Carrollton branch issues none between 11:30 a.m. and 12:30 p.m.
Burial and cremation permits
Issued byVital Statistics, County Clerk, 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 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.
Denton County accepts electronic recording through CSC, ePN and Simplifile.
Texas allows independent administrationTex. Est. Code §§ 401.001 (testate/will), 401.002 (testate/agreement), 401.003 (intestate/agreement)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Texas are based on reasonable compensation, 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 Probate Courts No. 1 and No. 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.
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
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.
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
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.
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
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
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.
Data sourced from Texas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Texas
Free tools for settling an estate in Texas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Texas.
How Do I Settle an Estate?
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
Enter the estate value to see Texas attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Texas lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
