Johnson County Courts At Law have jurisdiction in probate matters and matters involving guardianship of incapacitated persons and minors. Probate and guardianship cases deal with protecting the wishes, right, and obligations of person regarding their property when these persons are unable to do so as a result of death or incapacitating illness (physical or mental) or because they are a minor.

Venue:   As a general rule probate cases are heard in the deceased or wards county of residence except in certain instances.  For further information concerning questions of venue, consult Section 6 of the Probate Code.

 Procedure for initial filing:  An executor named in a will or any interested person may make application to probate a will.  Any person interested in the estate may, at any time before any issue in any proceeding is decided by the court, file an opposition thereto.  The application, any contest, and all subsequent instruments relating to the case are prepared by the party making application or the party's attorney(s) except for the clerk's processes.  The role of the clerk is to record these instruments, make them available to the court as requested, and to inform the parties of important actions in the case by issuing appropriate process at the request of the parties or their attorney(s).  Cases are assigned to a specific court on a rotating basis.  New Office of Court Administration reporting requirements necessitate that prescribed case cover sheets be submitted with each new application.  Feel free to begin using the cover sheets any time, however, they will become mandatory on May 1, 2009.  Forms are available for downloading at the bottom of the page.

Filing Fees:
      Original ActionServices in Pending Probate Action  

Application to Probate Will w/Letters (one Letter included)	$ 261.00
Application for Administration w/Letters (one Letter included)	$ 261.00
Application for Guardianship w/Letters (one Letter included/may require citations/service at additional costs)	$ 261.00
Application to Probate Will as Muniment of Title	$ 259.00
Application to Determine Heirship w/ citation	$ 259.00
Application to Determine Heirship/no citation	$ 210.00
Application for Sale of Property w/ citation	$ 259.00
Application for Administration w/Letters (one letter included)	$ 261.00
Application for Guardianship w/Letters (one letter included/may require	$ 261.00
Application for Sale of Property/no citation	$ 210.00
Small Estate w/citation	$ 259.00
Small Estate/no citation	$ 210.00
Application to Open Safety Deposit Box	$ 210.00

Actions in Pending Probate Case: 

 Adverse Probate Action

Safekeeping of Will:  Pursuant to Probate Code Sec. 118.062 an original will may be             placed with the County Clerk for safekeeping.  The fee is $5.00.

Issuance of Process:   The following fees are for the issuance of citations, notices required be issued by the clerk at the direction of the parties or attorneys for the parties:

 Service of Process by Constable or Sheriff:   Fees for service of process performed by a Johnson County Constable or an officer of the Sheriff's Department are:

Service of Process by Authorized Person other than Constable or Sheriff:   Process may be served in many instances by a private citizen authorized by order of the court to provide this service.  In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court.  An ‘Order for Rule 103' for the judge's signature must be presented with each request for such service.  

Service of Process by Certified Mail by the Clerk:   Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the application/motion attached.  The fee for service by certified mail is $75.00. 

Citation by Publication:   Service of citation may be by publication upon filing of an affidavit stating the whereabouts of the person being served is unknown.  Process is issued by the clerk and returned to the party or the party's attorney for publication in the appropriate publication.  A publisher's affidavit must be filed with the clerk.

 For information concerning the status of pending probate cases, please call (817)556-6323 Ext.1306 or 1310.  Copies and/or name searches may be obtained by calling (817)556-6323 Ext 1316.

             All fees are due and payable at time of service.  Personal checks are not accepted.  Attorney's business checks are accepted.  Visa and Master Card credit cards accepted.   Fees may be applied to the credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.